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Zoeller goes after closed Allcare Dental chain

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A chain of dental offices that abruptly closed multiple Indiana locations in December 2010 left patients without care, refunds or records, according to a complaint filed by the Office of the Indiana Attorney General.

Attorney General Greg Zoeller has filed a complaint against Allcare Dental & Dentures, which closed offices in Anderson, Avon, Evansville, Fort Wayne, Indianapolis, Mishawaka and Muncie. The complaint alleges multiple licensing violations against company president Robert Bates.

The AG’s office said in a statement that it filed a complaint with the Indiana State Board of Dentistry, claiming that Bates gave employees two days notice that offices would close for two weeks beginning Dec. 18, 2010. Days before the offices were to reopen, Bates told workers that the offices were permanently closed.

The complaint says Allcare failed to reimburse patients who paid upfront for services that weren’t completed; failed to complete dental procedures in progress; and didn’t provide dentures that were fabricated. The Board of Dentistry is unable to provide restitution to customers, but Zoeller said consumer restitution is being sought separately by his office through bankruptcy proceedings.

“This formal licensing complaint is part of our office’s consumer protection effort to hold Indiana’s professional license holders to the standards required by the state – both in terms of quality of care and service,” Zoeller said in a statement.
 
According to the AG’s office, Bates’ failure to notify patients of the closing violates state law requiring dentists to notify patients in writing or by publication once a week for three consecutive weeks in the newspaper. The AG’s office said dentists were locked out of their offices and unable to notify patients or make reasonable arrangements to transfer patient records as the law requires.

Massachusetts, New Hampshire, North Dakota, Ohio and West Virginia also have taken actions against Bates’ dental licenses for similar violations. Bates has settled or been party to consent agreements with the licensing boards of each of those states, according to the AG’s complaint.

The Indiana State Board of Dentistry is scheduled to conduct a hearing on the complaint Oct. 5.



 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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