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John T. Floyd Law Firm
Houston Criminal Lawyer


"Serious Criminal Defense Throughout Texas"

Experienced Criminal Defense Lawyer
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Phone #  (713) 224-0101
Toll Free 1-866-374-1327
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Latest Legal News from the Criminal Courts of Texas and the U.S.

December 21, 2006

McALLEN DENTIST PAYS DAMAGES FOR MEDICAID VIOLATIONS AND IS PERMANENTLY EXCLUDED FROM FEDERAL HEALTH CARE PROGRAMS

HOUSTON, Texas – Dr. Roberto Ramirez, Jr. paid the United States $30,000 in damages for violations of the federal False Claims Act, and he will be permanently prohibited from participating in Medicare, Medicaid and any other federally funded health care programs, announced U.S. Attorney Don DeGabrielle today.

The fine was paid on Nov. 2, 2006, and the settlement agreement was fully executed on Dec. 21, 2006.

Dr. Ramirez owned and operated Family Night Dentistry, a dental clinic based in McAllen, Texas. Ramirez contracted with the Texas Department of Health as a Medicaid provider for dental services to Texas Medicaid recipients. In November 2000, he came under the scrutiny of National Heritage Insurance Company, (NHIC), which at the time was the claims administrator for the Texas Medicaid program. As of Jan. 1, 2004, the claims administrator for the program is Texas Medicaid Health Care Partnership (TMHP).

NHIC learned through a complaint that many of the children treated by Ramirez had abscessed teeth that required retreatment and/or premature extraction. NHIC referred the case to the Texas Health and Human Services Commission, (HHSC), Medicaid Provider Integrity, Office of Inspector General. HHSC is responsible for statewide oversight of the Texas Medicaid Program.

HHSC conducted an investigation and found that from Jan. 1, 2000 through Dec. 31, 2000, Ramirez performed therapeutic pulpotomies (root canals) on Medicaid patients, all of whom were children. The procedures were not completed, improperly performed, performed in a substandard manner and performed unnecessarily resulting in abscessed teeth, iatrogenic gum disease and gross infections in the bone structure. As a result, subsequent extraction of most of the children’s teeth was required. In addition, Ramirez unnecessarily placed steel crowns on the children’s teeth.

Based on the investigation, the United States recovered three times the amount of damage to the federally funded Medicaid program, as provided for by statute. Ramirez also agreed to a permanent exclusion from the Medicare and Medicaid programs and all federally funded health care programs. The exclusion will have a national effect.

Ramirez is also in the midst of proceedings with the Texas State Board of Dental Examiners, fighting to keep his dental license. During the pendency of the litigation, he is prohibited by the Board from treating children under the age of 13.

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