schneider update: addressing all of the faq on jacksonville dentist howard s. schneider

On November 16, 2015, Dr. Howard S. Schneider was arrested. He is out on bond. His first court appearance, called an arraignment, will be December 8, 2015, at 9 AM at the Duval County Courthouse, courtroom 508. His lawyer, Bill Sheppard, will likely appear with him and plead not guilty to all charges. The State and Schneider’s team will conduct discovery where information will be exchanged and people will be interviewed.

He was charged with 11 counts of violation of Section 409.920(2)(A)(2), under the Medicaid Fraud Statute. It states:

(2)(a) A person may not:2. Knowingly make, cause to be made, or aid and abet in the making of a claim for items or services that are not authorized to be reimbursed by the Medicaid program.The potential punishment:

(b)1. A person who violates this subsection and receives or endeavors to receive anything of value of:a. Ten thousand dollars or less commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Florida’s attorney general’s Medicaid Fraud Control Unit and the Jacksonville Sheriff’s Office also arrested and booked one of Schneider’s former assistants, LaTosha Bevel-Hillsman, on charges of practicing dentistry without a license, defrauding the Florida Medicaid program and child abuse. Hillsman was booked into the Duval County jail just after 5 p.m. Tuesday, November 17, 2015.

She was charged with 1 count of violation of Section 409.920(2)(A)(2), under the Medicaid Fraud Statute. It states:

(2)(a) A person may not:2. Knowingly make, cause to be made, or aid and abet in the making of a claim for items or services that are not authorized to be reimbursed by the Medicaid program.The potential punishment:

(b)1. A person who violates this subsection and receives or endeavors to receive anything of value of:a. Ten thousand dollars or less commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.Additionally, she was charged with violation of Section 466.026(1)(a). It states:

466.026 Prohibitions; penalties.—

(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:(a) Practicing dentistry or dental hygiene unless the person has an appropriate, active license issued by the department pursuant to this chapter.Finally, she was charged with 827.03(1)(A). It states:

827.03 Abuse, aggravated abuse, and neglect of a child; penalties.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Aggravated child abuse” occurs when a person:1. Commits aggravated battery on a child;2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.Each is charged as a felony. It is unknown if other employees will be charged or if she will be charged for work on more victims. A dental assistant cannot perform the procedures she performed, it damaged the child and thus it is abuse. If a procedure such as this was performed and was billed for, it would also constitute billing fraud.We expect the facts will exhibit a clear lack of control, condoned insubordination, and negligent practice at the office where the goal was to maximize profit at the expense of children and Medicaid.

We served the mandatory pre-suit notices in 70 cases well over a month ago.  In each case, we had an expert review the patient’s file and he testified, under oath, as to certain breaches of care by Dr. Schneider and his office. More notices have recently been served. There is a mandatory 90 day period where parties can then take statements, conduct interviews and review documents before the law allows the victim to file any suit. We are in the middle of that period and are conducting discovery. We are also teaming up with other lawyers to assist them with completing the pre-suit process on their cases. Each one of our clients needs to make sure they have met with us about important information.

Why does the law require more work to file a lawsuit against a doctor or dentist? Florida law protects medical professionals.  We all want the best medical professionals in our city and state.  So, to give good doctors a little better chance to avoid lawsuits, the medical malpractice laws requires patients who have been harmed by a medical professional to proceed OUT of court at first. All cases involving the where harm remotely resulted out of the rendering or failure to render medical (or dental) services must comply. The only exception is where there was a sexual assault or the harm clearly arose OUTSIDE of the rendering of medical services.

Out of the five or six lawyers handling civil claims, only one lawyer has filed a lawsuit. It is scheduled for a dismissal hearing in January 26, 2016. This case escaped dismissal of this suit because the judge failed to hear argument about the correct complaint. You can read that in full, here- Motion To Dismiss.

Dr. Schneider’s lawyers made such harsh commentary about this suit as, “The law does not, nor has it ever commended those who are willfully blind to the applicable authorities.” Schneider’s lawyers not only request dismissal of the entire lawsuit but sanctions against the attorney who brought it. In pages 14-15, Dr. Schneider’s lawyers also ask the Court to turn the victim’s lawyer into the Florida Bar for disciplinary review. It further asks for damages against the lawyer personally. A hearing was set for this dismissal motion in January and the Court will decide whether this action can proceed.

We hope that each victim has all of their rights preserved. Under medical malpractice, each victim has two years to begin a claim under the notice statute. If they do not, they may waive and lose some valuable rights. Much of the damages we have seen are alleged to be related to the rendering or failure to render proper professional services, as the claimed abuse and breaches occurred in the dental office. There are other claims outside of medical malpractice as well in our cases.

The Schneiders’ divorce case is still active, is a part of the public record and the financial disputes between them continue. Motions have been filed for refusing to cooperate with discovery.

The most interesting recent development is that Howard Schneider’s emergency motion for distribution of assets was denied as an emergency motion. Howard Schneider wanted his wife to release funds to help him pay for his criminal defense. That order is here:

The Court will hear argument on these issues mid December.

• What is Dental Abuse and Why Does it Exist?
• Medical & Dental Malpractice and the Mandatory Pre-Suit Period
• Dental Abuse Statutes of Limitation in Florida
• Dental Abuse Cases: Class Action in Florida or Not?
• 5 Simple Tips on How to Choose a Medical or Dental Malpractice Lawyer

• Frequently Asked Questions and Update on Howard Schneider Cases
• Statements Made by Jacksonville Pediatric Dentist Howard S. Schneider, DDS
• Download the 36 Page Arrest Warrant Affidavit Here
• Jacksonville Dentist Howard Schneider’s Dental Assistant Arrested / Booked
• Jacksonville Dentist Schneider Medicaid Fraud / Malpractice Claim Update
•  Jacksonville Dentist Howard S. Schneider Uses Vehicle to Intimidate?
• May 2015 – The Case(s) Against Schneider: Explained
•  Legal Opinion: The Dr. Schneider “Class Action Law Suit” Can’t Proceed

•  National News Stories Regarding Howard S. Schneider
  • Good Morning America (ABC)
  • Anderson Cooper (CNN)
  • CNN New Day (CNN)
  • Inside Edition Part I (CBS)
  • Inside Edition Part II (CBS)
  • Nancy Grace (HLN)

• Dentist the Menace Blog
•  Insurance Journal Discusses Schneider Case
• U.S. Senators Release Report on Dental Clinics That Skirt Regulations
• Similar Case (Multi-State Class Action) – Insurers for troubled dental chain Small Smiles’ to pay out $39 million in tentative settlement
• Press Release by Florida Attorney General on Schneider Case

• Howard Schneider In His Own Words: The Newsletters
• Download the American Academy of Pediatric Dentistry Guidelines here
• 2015 Florida Law Regulating Dentists
• Order Relinquishing Florida Dental License (Schneider)