BOSTON — Massachusetts Attorney General Maura Healey filed an amended lawsuit this week against a local orthodontist who allegedly illegally charged MassHealth patients for missed or canceled appointments.
The new claims were added to a lawsuit filed in February against Dr. Mouhab Z. Rizkallah, DDS, and two of his companies alleging that he kept his MassHealth patients, mostly children, in braces longer than medically necessary so he could bill MassHealth for more money.
The lawsuit further claims that the defendants instituted a practice of fraudulently billing MassHealth for custom-fitted sports mouthguards for MassHealth members receiving orthodontic treatment at Rizkallah’s practices.
Rizkallah owns and operates six orthodontic practices in the state under the name “The Braces Place,” with offices in Lynn, Somerville, Boston, Lawrence, Lowell and Framingham.
The AG’s office began an investigation after receiving a complaint from a patient’s guardian. The investigation determined that Rizkallah required MassHealth patients to sign a “MassHealth Treatment Contract” in which the patients agreed to a minimum $20 fee for missed or canceled appointments and for appointments rescheduled on less than 24 hours’ notice.
Under state and federal regulations, providers are prohibited from charging MassHealth patients out-of-pocket fees for covered services, including any costs associated with appointments that patients are unable to make.
The AG’s office alleges that the defendants instituted a series of illegal policies and practices with the intent to defraud MassHealth since November 2013.
