Syracuse (WSYR-TV) - A group of ten parents is taking a dental practice to court, claiming profits were placed above patient care. It turns out that New York State is paying attention too.
Small Smiles is currently operating under something called a "
Corporate Integrity Agreement," which sets strict operating standards and calls for continued oversight by New York State.
In fact, state scrutiny of Small Smiles began after the state received a number of complaints from patients and was also part of a
$24 million settlement in 2010 in which various states accused the company of scheming to bill Medicaid for unsafe and unnecessary procedures on children.
"It doesn't matter whether you are a Medicaid patient or private insurance holder, you still are entitled to quality care," said Wanda Fischer from the NYS Medicaid Inspector General's Office.
When Abbey Familo's son Keyden needed dental care, she had few options available. That's why she made the trip from the Oswego County Town of Mexico to the Small Smiles office in Syracuse. It was one of the few that accepted Medicaid. "There were maybe one or two other places in the area," she recalled. "It was a six-month waiting list, but they said, 'Oh yeah, c'mon in. We've got this great facility that tailors to kids.'"
Families involved in the lawsuit say parents were forced to sit in the waiting room while their young children were allegedly strapped into the dentist's chair getting multiple unnecessary root canals, fillings and crowns. Some of the reports claim the work was done without anything to numb the pain.
"More stories come up day to day about little kids who have had different things done to them. Obviously they're not changing things for the better," Familo said.
The restraining device allegedly used on the children while the work was done is called a "papoose." It has a specific medical use, but parents of the young patients at Small Smiles say they weren't aware it was used to restrain their children for the dentists' drill.
Familo's son told her that, "a woman had sat on him to get him in, and that he screamed and screamed to let him up but they wouldn't let him up.
"He told me afterward in tears that he wanted to kill the bad dentist," she said. "A four year old shouldn't have such thoughts."
The American Dental Association defines the Papoose Board as a "behavior management technique utilizing immobilization to control the actions of a patient who is receiving dental treatment."
Dentists say the use of the board is rare, and only when anesthesia is not an option.
When asked, the Onondaga County Dental Society didn't wish to comment even in general terms about the use of a papoose because of the ongoing lawsuit. Off the record, however, one dentist said the device is used only rarely. He added that it is difficult on both the child and the dentist.
Dental patients like Abbey's son were caught in the middle of a dilemma. There were few places for treatment that would also accept Medicaid - and the one that did, didn't meet their expectations for quality care. That's why the State Medicaid Inspector General got involved.
"We would like to hear from people if they've had problems with Small Smiles. They're under a Corporate Integrity Agreement with our office, we're watching what they do," said Fischer.
It is important to note that the complaints now being aired by the families involved in the lawsuit date back several years. In that time, NewsChannel 9 is told Small Smiles has undergone a complete change in staffing.
The Medicaid Inspector General's Office would like to hear from anyone who has a recent complaint Small Smiles dating back as far as December of last year. The office can be reached at 1-877-873-7283 or
anonymously online.
