The following is information on upcoming court hearings that are vitally important to this whole dental Medicaid provider issue.
- On August 13 at 9:00 a.m., an HHSC Appeals Judge will hear M&M Orthodontics of San Antonio’s Plea to the Jurisdiction. The Motion seeks to strike Christine Ellis as a party to M&M’s pending overpayment hearing. Ms. Ellis is now part of the administrative case because the State unsealed the large qui tam action and indicated that it (along with relator Ellis and her legal counsel from Waters and Kraus) intended to pursue the qui tam claims in an administrative proceeding. The hearing will be held in Hearing Room S-329 at the Exchange Building, 8407 Wall Street, 3rd Floor, Austin, Texas 78754.
- On August 19 at 9:00 a.m., a State Office of Administrative Hearings (SOAH) judge will hear National Orthodontix’s Plea to the Jurisdiction. The Motion seeks to strike Christine Ellis as a party to National Orthodontix’s pending payment hold. Ms. Ellis is now part of the administrative case because the State unsealed the large qui tam action and indicated that it (along with relator Ellis and her legal counsel from Waters and Kraus) intended to pursue the qui tam claims in an administrative proceeding. The hearing will be held at the SOAH offices in the William P. Clements Bldg., 300 West 15th Street, Austin, Texas.
We have also been notified that on August 13 at 2:00 p.m., a Travis County District Court Judge will hear Dr. Richard Malouf’s Motion for Summary Judgment. Like the M&M Motion above, the Motion seeks to strike Christine Ellis’s claims in the civil qui tam action against Dr. Malouf. Ms. Ellis brought that individual lawsuit against ASDC and Dr. Malouf as a qui tam relator. The hearing will be held at the 419th Travis County District Court, 1000 Guadalupe, Austin, Texas 78701.