I am Dr. Behzad Nazari, Owner of Antoine Dental Center In Houston. Thank you for hearing me today.

On January 27 2009 the Office of Inspector General along with Attorney General’s office started an investigation against me and Antoine Dental Center. They collected close to 300 patients files. Within 9 months on 10-22-2009, the Attorney General’s office closed its case, returned all 116 charts and verbally informed me that I was cleared. For almost 2 years we called and called and sent emails to OIG to check on the status of my case; we were told each time that the case was still under investigation.

In October 2011, 2 years after the AG’s office had closed its case, OIG started a new investigation; this time they asked for 85 charts. Under the premise of “credible allegation of fraud” I was put on 100% payment hold based on the evidence they presented to me, their “Attachment A”. There were no mention of the previous investigation in 2009.

They solely based their decision on evaluation of 63 patients file out of 85. Being confident that I have not committed any fraud, I asked for the informal hearing that was offered. During the informal hearing while defending my cases against the OIG and their expert witness, I came to the conclusion that OIG had already made up its mind and was not interested in whatever I presented to them. I was told by the OIG person “we feel that you have committed fraud and we want our money back — the Federal Government wants its money from us and we want it from you.”

This whole investigation is about the interpretation of what it takes to determine an HLD Index score. I submitted a prior authorization request with all the necessary documents for every patient and almost every case was approved for the past 12 years. I was trained over 12 years ago how to evaluate the HLD index and had done them the same way up to April 2012 when I was put on 100% payment hold. If I was doing it wrong, why was almost every case was approved by both NHIC and then TMHP? Why was I not penalized or informed back in the 2009 investigation by the Attorney General’s office? Why was I left to continue evaluating the HLD index the same way for almost 3 years?

I’m supporting HB 1536 because the informal hearing, the investigation and the whole process should include a fair determination of fault. The OIG investigation aims only to collect money and has no consideration for the truth. This must stop.

All that I am requesting is that a fair judge hear my case. As it stands, OIG is the investigator, OIG is the expert witness,OIG is the accuser and this same OIG is going to try my case asking for for millions of dollars under a theory of extrapolation of damages. I am entitled to a jury trial and fair proceedings before an impartial judge. Due process involves fairness. As of today, I have not received fairness.

If you believe in integrity, honesty and fairness of the investigation being conducted by OIG, I do not see why you or anyone would oppose to a fair trial by an impartial judge or jury.