Disciplinary Action against Richard Vander Heyden, D.D.S. (1991)


In 1991, as shown below, Richard Vander Heyden, D.D.S., was reprimanded and assessed $550 for "unprofessional conduct in allowing claims to be filed for services not actually rendered" and participating in a fee-splitting arrangement with a massage thewrapist without disclosure of the arrangement to patients. In December 2003, the Wisconsin Dentistry Examining Board charged him with unprofessional conduct centered around the use of an bogus diagnostic device.

STATE OF WISCONSIN
BEFORE THE DENTISTRY EXAMINING BOARD

IN THE MATTER OF
DISCIPLINARY PROCEEDINGS AGAINST

RICHARD L. VANDER HEYDEN, D.D.S.,
RESPONDENT.

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FINAL DECISION AND ORDER
89 DEN 42

The parties to this action for the purposes of Wis. Stats. sec. 227.53 are:

Richard L. Vander Heyden, D.D.S.
2313 S. Webster Avenue
Green Bay 54301

Wisconsin Dentistry Examining Board
P.O. Box 8935
Madison, WI 53708-8935

Department of Regulation and Licensing
Division of Enforcement
P.O. Box 8935
Madison, WI 53708-8935

The parties in this matter agree to the terms and conditions of the attached Stipulation as the final decision of this matter, subject to the approval of the Board. The Board has reviewed this Stipulation and considers it acceptable.

Accordingly, the Board in this matter adopts the attached Stipulation and makes the following:

FINDINGS OF FACT

  1. Richard L. Vander Heyden, D.D.S. ("Vander Heyden"), 2313 S. Webster Avenue, Green Bay 54301, is and was at all times relevant to the events set forth herein a dentist licensed to practice in the State of Wisconsin pursuant to license # 5002025, granted on June 9, 1978.
  2. Between December, 1988 and May, 1989, Vander Heyden had a business relationship with Phillip Van Allsburg ("Van Allsburgtl), who was practicing massage and other therapies prior to licensure in Wisconsin as chiropractor.
  3. Vander Heyden furnished Van Allsburg office space and billing and collections services in exchange for a percentage of the fees charged received from Van Allsburg's patients.
  4. Vander Heyden referred dental patients to Van Allsburg for therapy.
  5. 5:, Those patients referred to Van Allsburg were not informed of Vander Heyden's fee sharing arrangements with Van Allsburg.
  6. Patients who received certain covered dental services from Vander Heyden could seek payment under the Medicare program for those services.
  7. Van Allsburg was not an authorized care provider under Medicare.
  8. Through his employee, Vander Heyden allowed three patients to file claims with Medicare using his name as the provider of services actually performed by Van Allsburg.
  9. Vander Heyden did not supervise or otherwise participate in any of the treatment performed by Van Allsburg.
  10. Vander Heyden would testify that he was responsible for the conduct of the employee who allowed patients to file these Medicare claims, but he did not specifically authorize this practice and did not have immediate knowledge that this practice was being committed.
  11. Of the claims submitted for payment, there is evidence that only a portion of one claim was paid.

CONCLUSIONS OF LAW

  1. The Wisconsin Dentistry Examining Board has jurisdiction to act in this matter pursuant to Secs. 15.08(5) and 447.07(3), Wis. Stats.
  2. The Wisconsin Dentistry Examining Board is authorized to enter into the attached Stipulation pursuant to Sec. 227.44(5), Wis. Stats.
  3. Respondent Richard L. Vander Heyden is subject to disciplinary action pursuant to Sec. 447.07(3)(a), Wis. Stats., by unprofessional conduct in allowing claims to be filed for services not actually rendered by Respondent; and sec. DE 5.02(11), Wis. Adm. Code, by participating in a fee-splitting arrangement with a health care practitioner without disclosure of the arrangement to patients.

ORDER

NOW, THEREFORE, IT IS HEREBY ORDERED, that the attached Stipulation is accepted.

IT IS FURTHER ORDERED, that consistent with Respondent Richard L. Vander Heyden's agreement and in lieu of other discipline:

  1. Respondent Richard L. Vander Heyden (license # 5002025) be, and hereby is, REPRIMANDED.
  2. Respondent Richard L. Vander Heyden will pay the following within six (6) months of the date of this Final Decision and Order:
    a. Two hundred ($200) dollars as a forfeiture.
    b. Three hundred fifty ($350) dollars as reimbursement to the Department of Regulation and Licensing for costs rel8.ting to the investigation of file # 89 DEN 42.

IT IS FURTHER ORDERED, that investigative file # DEN 42 be closed.

Dated this 3 day of July, 1991

WISCONSIN DENTISTRY EXAMINING BOARD

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Eva C. Dahl, DDS

This page was posted on August 22, 2004.