Orthodontic Practice Pays $9 Million Settlement

January 23, 2019 | Eric D. Fader | Fraud and Abuse | Litigation | Medicare and Medicaid

On January 15, New York Attorney General Letitia James announced that Diamond Braces, an orthodontic practice with 10 offices in the State of New York, has settled charges that it allowed uncertified employees to perform orthodontic procedures and then improperly billed the Medicaid program for the procedures. The settlement included $4.5 million in restitution for the violations and an additional $4.5 million in penalties.

Diamond Braces has offices in New York City, Nassau and Rockland Counties, as well as New Jersey and Connecticut. The company’s Clinical Director, Oleg Drut, D.D.S., was also a party to the settlement agreement, which requires Diamond Braces to enter into a corporate integrity agreement or retain an independent monitor to oversee its legal compliance and report to the State.

The New York Education Law and related regulations require intraoral orthodontic procedures to be performed only by licensed professionals or certified dental assistants. However, the investigation by the Medicaid Fraud Control Unit, part of the Attorney General’s Criminal Division, found no evidence that any patient of Diamond Braces was harmed by the violations.

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