INDIANAPOLIS – Indiana Attorney General Greg Zoeller announced today nearly 300 former Allcare Dental & Dentures patients received partial or total refunds.

In 2011, the national dental chain abruptly closed its locations in Avon, Evansville, Fort Wayne, Indianapolis, Lafayette, Mishawaka and Muncie. Closures left patients without services, their dental devices or refunds. Zoeller said 294 consumers who filed complaints with the attorney general’s office and submitted a claim form recently received more than $543,360 total via the state’s Consumer Protection Assistance Fund (CPAF).

Zoeller received a Consent Judgment last year against Allcare, but the company declared bankruptcy and consumer restitution was not paid. Those victims who received the CPAF payments reported losing more than $642,600 to Allcare – the average loss per person was about $2,100.

“Allcare’s actions were particularly egregious as customers were left in the dark and many paid thousands of dollars upfront for their dental procedures or dentures,” Zoeller said. “Thanks to the state Legislature for creating the Consumer Protection Assistance Fund, we were able to tap into it to make distributions to those harmed.”

Zoeller said patients’ losses ranged from $69 to $9,125, and the state was able to pay each victim the total amount owed up to $3,000 – which is the maximum allowed under the CPAF.

Many patients used a no-interest introductory rate healthcare credit card to finance their dentures and dental procedures. However, once Allcare closed patients were stuck with high interest-rate payments and left without their dentures or completed services. Zoeller said the company acted as a credit service organization, but failed to register with the attorney general’s office and file a $25,000 surety bond.

In 2011, the Indiana General Assembly successfully passed legislation creating the CPAF. The fund is made up of monies awarded to the state via judgments against companies caught violating consumer protection laws. Zoeller’s office can then use the funds to reimburse consumers in certain cases where judgments are granted, but restitution cannot be collected.

Bill authors included Rep. Woody Burton (Whiteland), former Rep. Jeb Bardon (Indianapolis), Rep. Randy Frye (Greensburg) and Rep Gail Riecken (Evansville). Senate sponsors included former Sen. Richard Bray (Martinsville), Sen. Tim Lanane (Anderson), Sen. Jim Banks (Columbia City) and Sen. Joe Zakas (Granger).

Former Allcare president, Robert Bates, surrendered his Indiana dental license last year after Zoeller’s office filed a licensing complaint against him for abruptly closing his business locations and abandoning patients. Bates also agreed to not reapply for a dental license in Indiana.

 

By Paige Clark
TheStatehouseFile.com

INDIANAPOLIS – Indiana could soon become the first state to require high school football coaches to take part in a player safety and concussion-training course.

Senate Bill 222 – authored Sen. Travis Holdman, R–Markle – would require the course every two years.

“We’d be very proud to do this since USA Football, an arm of the NFL and players union is basically housed now and based” in Indianapolis, Holdman said.

The bill would also parallel a Washington’s state law by requiring football players to wait 24 hours before returning to the field of play after a concussion.

Holdman said Indiana is the eighth state to copy Washington’s law, but the first state to add the coaches’ training course.

Currently, the bill only requires high school football coaches take part in the training course, but Holdman said he hopes to work with soccer programs in the future.

“We went with football because of the complexity of the sport and the fact that we have a certified program in place for safety purposes,” Holdman said. “We just don’t have that in place for other sports.”

He said he has support from all over the state.

“I haven’t heard one objection to the bill so far,” Holdman said.

Bobby Cox, commissioner of the Indiana High School Athletic Association said he doesn’t oppose the legislation, but doesn’t think it’s necessary.

“You don’t want the coach to be making that decision,” Cox said.

Current IHSAA protocol requires that if an athlete might have a concussion, the athlete must see a physician.

“We’ve had that protocol for over two years – before concussion language was written,” Cox said, “I think the protocols, as long as they’re executed, they’re appropriate.”

If athletes are cleared by a physician or an athletic trainer during the game and show no sign of concussion, they are allowed to re-enter. But if athletes are diagnosed with a concussion, they must wait 24 hours before returning to any athletic activity.

“In absence of a health professional, the official removes the athlete from the contest, and they cannot return until there is a written release forms a doctor,” Cox said.

Cox said parents or guardians receive the concussion protocol paper work before each sports season and must sign it for their children to participate.

“I think the (law) we have on the books right now is great,” said Dr. John Baldea, a sports medicine physician for IU Health. “I’d like to see the state law trimmed down a bit so that it exactly states that physicians only are allowed to do that.”

Baldea said other medical professionals – including chiropractors and podiatrists – can clear athletes with concussions to return to play under the current law

“We’re seeing some people who don’t know what they’re doing trying to clear athletes to return and play football,” said Baldea. “The IHSAA is very strict on that, but the state law is not very strict.”

Holdman said he does expect opposition, but expects it to pass.

“I think we have a great opportunity to put it into law,” he said.

Paige Clark is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

 

 State Sen. Vaneta Becker’s (R-Evansville) legislation to help protect children with severe allergies unanimously passed the Senate Committee on Health and Provider Services today.

Senate Bill 245 would allow doctors and health-care providers to prescribe auto-injectable epinephrine, like EpiPens, to schools. Epinephrine is a form of adrenaline that reverses the effect of allergic reactions in as little as five seconds. The bill would also provide legal protections to school nurses and volunteer personnel who administer it in good faith to a suffering student.

“There is no higher priority than protecting young Hoosiers from danger, especially when they are away from their families and in the care of school officials,” Becker said. “Severe allergic reactions can be life-threatening, and schools must be equipped to immediately respond to these emergencies.”

Nearly one in 13 children throughout the United States suffers from food allergies, and an estimated three percent suffer from stinging-insect allergies. One study found that 25 percent of children have their first reaction to peanut or tree nuts in the school setting. Becker said her initiative would safeguard these children.

SB 245 now moves to the Senate floor for further consideration.