Dentist Representation
Frances Cullen, PC helps to protect your license, your livelihood, your career, and your reputation if you are investigated or accused of wrongdoing by the Georgia Board of Dentistry. Our firm also has extensive experience in the representation of dentists facing Medicaid (Department of Community Health – DCH) recoupment and fraud actions.
The Georgia Board of Dentistry
The Georgia Board of Dentistry investigates and takes disciplinary action against numerous licensees each year.
Under O.C.G.A § 43-11-47, the Georgia Board of Dentistry has the authority to refuse to grant a license or sanction a licensee for a wide range of acts of unprofessional conduct, including but not limited to:
- Unprofessional conduct
- Fraudulent billing practices
- False advertising
- Falsification of an application or renewal, including continuing education certification
- Drug or alcohol dependence or abuse
- Arrests and Criminal Convictions
- Discipline in another state
- Inappropriate or non-clinically indicated treatment
- Failure to provide the patient with an appropriate treatment plan
- Failure to obtain the patient’s clinical / medical history and lack of documentation of blood pressure and medications used
- Performing unnecessary treatments
- Sexual contact with a patient
All cases are opened upon the filing of a complaint. Complaints can be filed by any member of the general public: a patient, a former patient, a member of a patient’s family, an employee or a former employee. If the complaint involves a serious violation (for example, allegation of sexual misconduct or gross negligence, the case may immediately assigned to an investigator employed by the Georgia Board of Dentistry.
If you are contacted during the investigative process, you must retain legal counsel to assist you. While a licensee might be willing to discuss the details of the complaint and wish to provide “their side of the story”, this meeting is not an opportunity to present your version of the facts and, without legal counsel as your witness to the interview, your statements can be interpreted differently than you intended and later used against you in a Georgia Board of Dentistry action.
The Georgia Board of Dentistry generally does not address fee and/or billing disputes, issues related to general business policies and practices, and personality conflicts, but a complaint about these issues can prompt an investigation by the Georgia Board of Dentistry and focus attention on you or your dental practice, and sometimes begin an inquiry into other related matters. The Georgia Board of Dentistry can also seek to discipline a Dentist if there is a complaint by the Department of Community Health/Medicaid or Medicare in regard to improper or fraudulent billing.
As defense counsel for dentists in the State of Georgia, we highly advise all dentists not to attend any “conference,” ”meeting” or “interview” without experienced and qualified legal representation. Any attorney can represent a licensed professional, but you should protect your license and career by selecting an attorney who is highly experienced in Georgia professional license defense.
Medicare & Medicaid Recoupment and Fraud
Dentists and other healthcare providers must take great care to comply with state and federal regulations, to know correct billing practices, and to protect themselves against accusations of healthcare fraud.
Practitioners and healthcare offices will want to ensure that their dental billings are correctly coded to avoid a potential action by Medicare, Medicaid (the Department of Community Health – DCH) and/or private insurance companies seeking recoupment for paid claims. Recoupment actions are often initiated years after the fact, so it is important for dental providers to have a treatment plan, record complete dental records, and educate themselves about correct billing practices. Frances Cullen, PC can assist you with these tasks proactively and if you suspect a potential review by Medicare, Medicaid (DCH) or another insurance company.
Chemical Dependency & Impairment
Throughout her career, Frances Cullen has provided sound and sensitive advice to those seeking assistance in locating the proper facility to obtain help for substance abuse, to those who are currently in treatment, and to licensees who face the difficult ancillary issues they may need to address after they have completed treatment and/or have entered into a licensing board Consent Order or Treatment Aftercare Contract. Our office has also assisted countless licensees and applicants from other states who have required advice with reporting a present or past treatment history and/or criminal action to licensing and credentialing bodies.
Frances Cullen, PC works closely with treatment providers across the southeast to remain educated on how best to provide sound advice and legal counsel to those who are or have been through treatment and to keep abreast of current treatment options. Due to her many years working in this field, Frances Cullen has a broad knowledge of other states’ licensing issues and can often provide advice on reporting to other states or provide early attention with regard to other potential repercussions.
Our practice is extremely sensitive to the special needs of dentists and other healthcare professionals who have a history of substance abuse or mental illness. Dentists and health care professionals with a history of chemical dependency or impairment, or mental health issues, should consult Frances Cullen as these are serious concerns for all boards and regulatory agencies. We can guide you through the difficult and uncertain process to mitigate or minimize licensure problems.
Whether you are first seeking help with a substance abuse problem or have just started treatment for chemical dependency, or have a history of long-term sobriety, we can help you evaluate your options and represent your interests before the medical licensing board.
Criminal Defense Related to Substance Abuse
In addition to the licensing issues medical professionals face due to substance abuse and/or addiction, they also can be subject to criminal charges. Our firm’s experience allows us to effectively represent healthcare professionals against criminal accusations for writing improper narcotic prescriptions, using controlled substances, or diverting drugs from the workplace. Frances Cullen, PC will work as a zealous advocate on your behalf to provide you with sound legal advice prior to the filing of charges, through the indictment or accusation process, in negotiation with prosecutors, and in fashioning the most favorable plea on your behalf before State or Federal Criminal authorities.
As a former Fulton County District Attorney, Frances Cullen is also familiar with the broad range of criminal laws and can provide a capable defense to charges of criminal conduct.
Frances Cullen, PC has defended numerous health care professionals when State or Federal criminal charges are brought against them and has also worked closely with other criminal defense attorneys to provide solid advice on how best to address potential criminal charges so that the dentist can resume or later return to practice.
Representative Cases
Frances Cullen has assisted several dentists who have undergone treatment for alcohol and/or drug addiction. In cases of drug diversion, Frances Cullen has negotiated a workable solution for the dentist to retain their dental license and DEA.
For the little known law that prevents a dentist from working as an employee of a non-dentist, Frances Cullen has provided sound legal advice to dental offices.
Frances Cullen, PC has successfully assisted several applicants who have taken other regional examinations in seeking to become licensed as dentists in the State of Georgia.
With a wide range of knowledge of the regulatory field, Frances Cullen, PC has represented numerous dentists in claims brought by the Department of Community Health (DCH) for the alleged overbilling of Medicaid claims. Frances Cullen, PC has successfully negotiated several settlements on behalf of dentists for an amount significantly lower than the proposed amount.
Contact Frances Cullen, PC
For a powerful and winning defense in investigative interviews or with potential disciplinary action brought by the Georgia Board of Dentistry, call Frances Cullen, PC. Frances Cullen is a former Assistant Attorney General who represented State Licensing Boards in reviewing cases and bringing disciplinary action against professionals. She is therefore knowledgeable about the disciplinary process and can offer you a strong defense in any investigation or with potential action brought by the Georgia Board of Dentistry.
Don’t risk your license and your livelihood, and settle for any lawyer when you can call Frances Cullen, PC to retain an attorney experienced with dental issues, and in the presentation of cases before the Georgia Board of Dentistry.
Contact Frances Cullen, PC as soon as possible if you are a dentist or other healthcare provider and you suspect you may be facing a criminal charge, civil investigation, or prosecution by Medicare or Medicaid (Department of Community Health – DCH), or if you are contacted by the Georgia Board of Dentistry.
Proviso: Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.
