Michael Sawaf- An Orthodontist’s Legal Battle Over TennCare Fraud Allegations. (2024)

Originally Syndicated on July 30, 2024 @ 10:47 am

Michael Sawaf- Introduction

Dr. Michael Sawaf, a self-proclaimed orthodontist based in Franklin, Tennessee, has recently come under intense scrutiny due to serious allegations of fraudulent activities and unethical practices. Dr. Sawaf, along with his affiliated company Premier Dental Group PLLC of Knoxville (formerly known as Orthodontic Designs by Michael Sawaf, PLLC, or “PDG”), has been implicated in a scandal involving improper billing and the endangerment of patients. This article delves into the details of the case, the settlement reached, and the broader implications for the dental and medical communities.

Michael Sawaf- The Allegations

In 2020, a lawsuit was filed against Dr. Michael Sawaf and his practice, Premier Dental Group PLLC of Knoxville. The lawsuit, initiated by the U.S. Attorney’s Office, outlined a series of serious allegations:

• Improper Billing and Fraud: The primary accusation was that Dr. Sawaf and PDG knowingly submitted false claims to TennCare, Tennessee’s Medicaid program. The False Claims Act (FCA) and the Tennessee Medicaid False Claims Act (TMFCA) were the legal foundations for these allegations. The claims were not only false but were allegedly inflated to receive higher reimbursements than warranted.
• Unnecessary Operations: It was claimed that patients were subjected to procedures that were medically unnecessary. These operations were performed to maximize TennCare payments, rather than to benefit the patients.
• Falsified Claims Forms: The lawsuit accused Dr. Sawaf and his associates of deliberately falsifying claim forms. This included upcoding—charging for more expensive procedures than those performed—or coding for procedures that were never performed.
• Employment of Unqualified Personnel: Another critical aspect of the allegations was that unqualified dental hygienists were employed to perform procedures, compromising patient care and violating professional standards.
• Patient Endangerment: The treatment of patients was likened to a “cattle” approach, suggesting that patients were treated en masse without individualized care or consideration for their well-being, purely for profit maximization.

Michael Sawaf- Settlement and Financial Penalties

In response to these allegations, Dr. Michael Sawaf and PDG agreed to a significant financial settlement to resolve the claims against them. The details of the settlement include:

• Monetary Settlement: Dr. Sawaf and PDG agreed to pay $985,541. This amount was determined to cover the false claims submitted and to serve as a penalty for the fraudulent activities.
• Additional Parties Involved: Erin Ferdowsi and Reja Ferdowsi, both associated with PDG, also faced identical allegations and agreed to settle the claims against them. Their involvement highlights the systemic nature of the fraud within the practice.

Michael Sawaf- Implications and Consequences

The resolution of this case carries several important implications:

• Accountability and Enforcement: The settlement underscores the commitment of federal and state authorities to enforce the FCA and TMFCA vigorously. It sends a clear message that fraudulent activities within the healthcare system, particularly those involving Medicaid, will not be tolerated.
• Ethical Standards in Healthcare: This case serves as a stark reminder of the ethical obligations of healthcare providers. The treatment of patients purely as a means to an end—financial profit—is a gross violation of the trust placed in medical professionals.
• Impact on Patients: The scandal raises serious concerns about patient care standards. Patients subjected to unnecessary operations and unqualified care likely suffered not only physical but also emotional distress. This case highlights the need for stricter oversight and regulation within the dental and broader healthcare communities.

Michael Sawaf- Similar Cases of Healthcare Fraud and Misconduct

1. Dr. Farid Fata

• Location: Detroit, Michigan, USA
• Claims: Oncologist
• Reality: In 2014, Dr. Farid Fata was sentenced to 45 years in prison for intentionally misdiagnosing patients and administering unnecessary chemotherapy to hundreds of individuals. He was found guilty of healthcare fraud, receiving approximately $34 million from Medicare and private insurers for these fraudulent treatments. Patients were subjected to painful and harmful treatments purely for financial gain.
• Settlement: Fata agreed to forfeit $17.6 million and pay restitution of $26 million to Medicare and other insurers.

2. Dr. Michael Reinstein

• Location: Chicago, Illinois, USA
• Claims: Psychiatrist
• Reality: In 2015, Dr. Michael Reinstein agreed to a $5.79 million settlement with the federal government for prescribing the antipsychotic drug clozapine to thousands of elderly and mentally ill patients in exchange for kickbacks from the drug’s manufacturer. He was accused of submitting at least 140,000 false claims to Medicare and Medicaid.
• Settlement: Reinstein agreed to pay the settlement and relinquish his medical license.

3. Sacred Heart Hospital

• Location: Chicago, Illinois, USA
• Claims: General hospital providing a variety of medical services
• Reality: In 2014, Sacred Heart Hospital closed after its owner, Dr. Edward Novak, was found guilty of participating in a scheme to provide unnecessary treatments, including tracheotomies, to Medicare patients. The fraud resulted in millions of dollars in wrongful claims. Dr. Novak and several associates were sentenced to prison.
• Settlement: Dr. Novak and the hospital agreed to pay $10.4 million in restitution to Medicare.

4. Dr. Harold Persaud

• Location: Westlake, Ohio, USA
• Claims: Cardiologist
• Reality: In 2015, Dr. Harold Persaud was sentenced to 20 years in prison for performing unnecessary catheterizations, stent insertions, and causing unnecessary coronary artery bypass surgeries. He defrauded Medicare and other insurance programs by over $29 million through these fraudulent claims.
• Settlement: Persaud was ordered to pay $5.7 million in restitution.

5. Dr. Asad Qamar

• Location: Ocala, Florida, USA
• Claims: Cardiologist
• Reality: In 2015, Dr. Asad Qamar and his practice, the Institute of Cardiovascular Excellence (ICE), agreed to pay $17 million to resolve allegations that they billed Medicare for medically unnecessary procedures, including excessive and inappropriate use of peripheral artery intervention services.
• Settlement: Dr. Qamar and ICE paid $2 million upfront and agreed to an additional $15 million in payments over time. They were also barred from participating in Medicare and Medicaid for at least three years.

These cases highlight the prevalence and severity of healthcare fraud, underscoring the importance of vigilance and strict enforcement to protect patients and public health funds.

Michael Sawaf- Last what to say

Dr. Michael Sawaf’s case is a notable example of the legal and ethical challenges within the healthcare sector. While the financial settlement addresses the immediate allegations of fraud and patient endangerment, it also calls for a deeper examination of practices within dental care and Medicaid services. The resolution of this case reaffirms the importance of maintaining ethical standards and prioritizing patient welfare over financial gain. As the healthcare industry continues to evolve, this case will hopefully serve as a cautionary tale, promoting integrity and accountability among practitioners.

Michael Sawaf- Conclusion and Solution Regarding the Case of Dr. Michael Sawaf

Conclusion:

The case of Dr. Michael Sawaf, along with his affiliated company Premier Dental Group PLLC (formerly known as Orthodontic Designs by Michael Sawaf, PLLC), presents a troubling example of healthcare fraud and patient endangerment. The settlement of $985,541 to resolve allegations of improper billing practices under the False Claims Act and the Tennessee Medicaid False Claims Act underscores the gravity of the misconduct. The accusations of subjecting patients to unnecessary procedures, falsifying claims, employing unqualified personnel, and prioritizing profits over patient care highlight significant ethical violations. This case serves as a stark reminder of the critical need for accountability and integrity in healthcare practices.

Solutions:

To prevent similar instances of healthcare fraud and ensure patient safety, the following measures should be considered:

1. Enhanced Regulatory Oversight:
   • Strengthen oversight mechanisms for healthcare providers, particularly those participating in Medicaid and Medicare programs.
   • Conduct regular and thorough audits of billing practices to detect and deter fraudulent activities.
2. Stricter Licensing and Certification Requirements:
   • Implement rigorous standards for licensing and certification of medical practitioners and support staff.
   • Ensure continuous professional development and periodic re-certification to maintain high standards of care.
3. Improved Reporting Mechanisms:
   • Establish confidential and accessible reporting channels for patients and healthcare workers to report unethical practices and suspected fraud.
   • Encourage a culture of transparency and accountability within healthcare organizations.
4. Comprehensive Patient Education:
   • Educate patients about their rights and the importance of seeking second opinions for recommended medical procedures.
   • Provide resources to help patients understand their treatment plans and billing statements.
5. Stronger Legal Consequences:
   • Impose harsher penalties for healthcare fraud, including substantial fines, imprisonment, and permanent revocation of medical licenses for egregious violations.
   • Ensure that settlements include restitution to affected patients and government programs.
6. Interdisciplinary Collaboration:
   • Foster collaboration between regulatory agencies, law enforcement, healthcare providers, and patient advocacy groups to identify and address potential fraud proactively.
   • Share best practices and develop standardized protocols to detect and prevent fraudulent activities.
7. Technological Solutions:
   • Utilize advanced data analytics and artificial intelligence to identify unusual billing patterns and detect potential fraud in real-time.
   • Implement secure electronic health records (EHR) systems with built-in safeguards against manipulation and unauthorized access.

By implementing these solutions, the healthcare industry can better protect patients, ensure ethical practices, and maintain the integrity of public health programs. The case of Dr. Michael Sawaf should serve as a catalyst for meaningful reforms and heightened vigilance in the fight against healthcare fraud.