Dentist, Dental Practice Group, DSO, Dental Professional Organization Representation

Flannery | Georgalis has significant experience representing dentists, dental practice groups, and dental service organizations (DSOs) in a variety of sensitive matters. The team of attorneys at Flannery | Georgalis is comprised of former federal and state prosecutors, state assistant attorney generals, former federal special agents, and a licensed attorney/dentist who had his own dental practice and served on a state dental board before entering the practice of law. We understand the complexities of the highly specialized and heavily regulated dental industry. From state or federal criminal investigations, Dental Board investigations and complaints, insurance audits, or complex business disputes, Flannery | Georgalis has the necessary experience to obtain the best results for our clients.

State and Federal Criminal Investigations

State and Federal criminal investigations can have a devastating impact on a dental practice. Healthcare fraud is a top priority of the Department of Justice, FBI, OIG-HHS, and state Medicaid Fraud Control Units. Flannery | Georgalis’ team of former federal and state prosecutors and state assistant attorney generals are uniquely experienced to understand exactly how healthcare fraud investigations and prosecutions are handled and respond to those investigations with comprehensive and effective defense strategies.

Dental Board Matters

Dental Boards have authority to investigate and sanction a wide range of dental professional conduct. From standard of care violations to substance abuse allegations, Dental Boards have the authority to sanction your license to practice, including suspension and even revocation, causing substantial reputational and economic damage to a practice. Dental Boards can often be aggressive in their enforcement measures towards dentists, and in certain jurisdictions, the law even requires dentists to cooperate with Dental Board investigators or face sanction for that alone. Failure to have experienced and aggressive legal counsel can have a devastating and irreparable impact on your license and livelihood. Flannery | Georgalis understands the importance of a comprehensive approach when a client is confronted with a Dental Board complaint.

Insurance Audits

Flannery | Georgalis has significant experience in representing dentists in billing audits conducted by Medicare, Medicaid, Unified Program Integrity Contractors (UPIC), and private insurance companies. We understand that audits are sometimes used as the precursor to criminal investigations or Dental Board investigations. The team of attorneys at Flannery | Georgalis is experienced in conducting internal audits and investigations to mitigate audit determinations and potential criminal or Dental Board investigations.

Business Disputes

We understand that business disputes with suppliers, vendors, business associates and patients can have a significant impact on the daily operations of a dental practice. We represent dentists in a wide of array of complex business disputes, especially including those involving allegations of serious or intentional misconduct, business fraud, and significant employment disputes and breaches of corporate fiduciary duties. Flannery | Georgalis is often called upon to handle complex litigation disputes in districts all across the country that often involve the need to seek injunctive relief. We focus on providing the highest quality representation in the most cost-effective, client-centered manner.

Commercial Free Speech Counsel

Flannery | Georgalis serves as First Amendment litigation counsel to a national dental professional organization, challenging Dental Board specialty advertising rules and regulations across the country. The team of attorneys at Flannery | Georgalis have experience asserting First Amendment commercial free speech claims against specialty advertising regulations that prevent dentists from truthfully and accurately advertising their training and credentials. Our firm recognizes the importance in truthful advertising and zealously advocate for dentists’ First Amendment commercial free speech rights.

Our Experience

Criminal Investigations

Defended a dentist in an FBI and DOJ investigation following a search warrant executed at the dental practice. F|G conducted an extensive internal investigation resulting in the termination of the criminal investigation.

Defended a dentist in a Medicaid Fraud Unit investigation involving allegations of a multi-million billing fraud scheme, resulting in a diversionary resolution to the criminal matter, and eventual expungement of all records of the criminal investigation.

Defended a dentist in a Medicaid Fraud Unit investigation involving allegations of healthcare fraud and improper billing, resulting in the termination of the criminal investigation.

Defended multiple employees of large DSO in a DOJ and FBI investigation alleging a multi-million-dollar billing fraud conspiracy, resulting in no criminal charges against clients.

Board Matters

Obtained the complete reversal of a Dental Board’s suspension without a hearing of an oral surgeon’s license to practice.

Represented a dentist following an administrative hearing where the Dental Board suspended the dentist’s license to practice for three-years. After prevailing on a motion to stay imposition of the suspension pending appeal, F|G raised various legal challenges that resulted in Dental Board withdrawing the 3-year suspension and agreeing to a probationary resolution.

Defended the majority partner of a multi-state oral surgeon group in connection with a Dental Board investigation involving numerous standards of care violations, resulting in the dismissal of a majority of the complaints and a non-probationary, non-suspension consent agreement.

Defended dentist before Dental Board in matter involving allegations of substance abuse, and negotiated a minor, temporary suspension

Defended a dentist in a Dental Board investigation involving numerous standards of care violations, resulting in a non-suspension consent agreement.

F|G represented a dentist in connection with a Dental Board investigation involving various standard of care violations. Following an internal investigation and interfacing with the Dental Board, F|G successfully resolved the investigation without a formal complaint being filed.

Represented dentist involving issues with a Dental Board consent agreement, resulting in the dismissal of probation and termination of the consent agreement.

Business Disputes

F|G represented a dentist involving violations of a practice purchase involving allegations of egregious violations of the restrictive covenant. F|G secured the recoupment of nearly 30% of the client’s purchase price and secured future patient record audits by a third-party billing company for potential additional financial recovery.

Obtained dismissal of all claims brought against dentist and his implant dentistry education organization arising out of breach of contract allegations brought by attendee; decision affirmed on appeal

Obtained dismissal of civil lawsuit brought by marketing company against dentist and his dental practice