Connecticut Dentists Pay More than $714K to Settle False Claims Allegations

Two Connecticut dental providers have entered into a civil settlement agreement with the federal and state governments to resolve allegations of violations of the federal and state False Claims Acts.  The settlements stem from a larger investigation into fraudulent activity by health care providers who submit kickback-tainted claims to the Connecticut Medical Assistance Program (“CTMAP”) for services rendered to Connecticut Medicaid patients referred by third-party “patient recruiting” companies.

It is alleged that, in violation of their CTMAP provider agreements and the federal Anti-Kickback Statute, DENT PLUS FAMILY DENTISTRY, PLLC, a now dissolved dental practice based in Stamford, L&M FAMILY DENTISTRY, LLC, a now dissolved dental practice based in New Haven, and their owners, IVAN MAKAR, DDS and OLEG LOSIN, DDS, submitted claims to the CTMAP, which includes the state’s Medicaid program, related to dental services rendered to Connecticut Medicaid patients referred to the businesses by a third-party patient recruiting company.  Dent Plus Family Dentistry and L&M Family Dentistry paid a patient recruiter for each Connecticut Medicaid patient the recruiter referred to the practices.  With each submitted claim, Dent Plus Family Dentistry, L&M Family Dentistry, and their owners impliedly certified that the conditions of receiving payment were met, including, but not limited to, that they did not pay kickbacks or violate any terms or provisions of the Connecticut Dental Health Partnership (“CTDHP”) provider manual concerning the submitted claim.

The CTDHP provider manual, which is an addendum to both the CTMAP provider agreement and the CTMAP provider manual, expressly prohibits per-patient compensation for individuals referred to CMAP providers.

To resolve the allegations under the federal and state False Claims Acts, Makar and Losin paid $714,446.27 to reimburse the Medicaid program for conduct occurring from January 1, 2019, through September 6, 2020.

In entering into the civil settlement agreement, the providers and their practices did not admit liability.

This investigation was conducted by the Federal Bureau of Investigation; the U.S. Department of Health and Human Services, Office of the Inspector General; the Connecticut Attorney General’s Office; and the Connecticut Department of Social Services.  The case was prosecuted by Assistant U.S. Attorney Anne Thidemann and Assistant Attorney General Joshua L. Jackson of the Connecticut Office of the Attorney General.

People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.