Monday, June 26, 2017

Antitrust Suit Against AOA Proceeds to Discovery Phase in New Jersey

The United States' primary certifying body for osteopathic physicians, the American Osteopathic Association, is set to proceed to discovery in a fraud and antitrust suit in the District of New Jersey after a federal judge in Camden denied the association's motions to dismiss a suit by doctors.

The physician-plaintiffs who sued the American Osteopathic Association have sufficiently stated antitrust claims at the pleading stage stemming from the agency's alleged practice of tying board certification to association membership, U.S. District Judge Noel Hillman ruled Monday. The judge also ruled that the plaintiffs stated a viable claim under the New Jersey Consumer Fraud Act with their assertions about renewal fees imposed on doctors who had been promised their certifications would not expire.

Hillman also rejected the association's motion to transfer the case to the Northern District of Illinois, near the group's headquarters. The association did not argue that the District of New Jersey is an improper venue, but merely sought a transfer for its own convenience, he said.

This last detail is important, because the Association of American Physicians and Surgeons anti-trust suit against the American Board of Medical Specialties that was originally filed in New Jersey, was allowed to move to the Northern District of Illinois and has languished there since January 2015.


Reference: Duane Morris LLP website press release.

Thursday, June 15, 2017

Do Physicians Have the Right to Work Without Maintenance of Certification?

A previously ABMS Board-certified physician with 10 years experience fails her Maintenance of Certification examination. Does she have the right to work in the hospital where she has tirelessly and compassionately cared for critically ill patients for years, earned the trust of her colleagues and nursing staff, and taken call every fourth night?

According to the American Board of Medical Specialties, the American Hospital Association, and the AMA, she does not.

She must lose her privileges to admit to that hospital, be ridiculed publicly, and watch her career fold. According to these unaccountable organizations that don't directly care for patients, she does not demonstrate the "exceptional expertise" required to have a piece of paper hung on her wall that tells the world she's a great test-taker. According to the ABIM Foundation, she does not demonstrate "medical professionalism."

This is the crux of the debate about Maintenance of Certification now. For reasons that only our most jaded bureaucratic elite medical leadership can fathom, they have allowed a pay-to-play scheme to invade our medical education system so they can fund their Cayman Island retirement fundscar collections and health club memberships.

Today, the American Board of Medical Specialties fraudulently claims to US physicians that their version of time-limited board certification is a "voluntary process."

It is not.

It's Mafia-style pay-to-play scheme in medicine.

Chicago style.

Let that sink in.


Thursday, June 08, 2017

On Transparency

"They may carry on the most wicked and pernicious schemes under the dark veil of secrecy. The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them."

Patrick Henry
Constitutional Ratifying Convention
June 9, 1788


"I am still processing the myriad allegations in the most recent Newsweek piece. But I want to be very clear about correcting two of the most egregious and misleading charges that have been leveled against me and ABIM.

First, we have never made any effort to obfuscate, hide or delay ABIM's financial information. It's publicly available on our website. Second, no one is trying to hide salaries. I earned $688,000 in compensation in 2014 and $55,000 in deferred compensation (payment of which is contingent upon completion of my five-year contract). "

Richard Baron, MD 
President and CEO, American Board of Internal Medicine 
In a published statement emailed to all ABIM diplomates, May 22, 2015


What is transparency, really? Why is it important, especially, in health care?

Disclosure of finances on a website does not define transparency. Nor is labeling that disclosure as "Platinum." That is merely selling disclosure as if it were transparency. Disclosure isn't always honest either. (We later learned that the ABIM omitted 6 key financial reports that year and Richard Baron, MD earned $123,984 in deferred compensation in 2014, not $55,000 as he claimed). The conditions to satisfy full disclosure pale in comparison to those for full transparency.

A better definition of transparency is provided by Transparency International:
 "Transparency is about shedding light on the rules, plans, processes and actions. It is knowing why, how, what, and how much. Transparency ensures that public officials, civil servants, managers, board members and businesspeople act visibly and understandably, and report on their activities. And it means that the general public can hold them to account."
Using this latter definition, ABIM is simply not a transparent organization. Nor are any other organizations that support the MOC physician re-certification program trademarked by the American Board of Medical Specialties.

Practicing physicians like myself, are largely to blame for our medical education and physician credentialing system's lack of transparency. For years, we held our obligation to serve our patients as an excuse to not become civicly engaged. We never demanded that our educational and credentialing system be held accountable to us and our patients - we just assumed they were - especially since many of the members of those organizations were physicians, too. We preferred to keep our heads down and work our long hours to become experts at our field. This effort came at great sacrifice to our families and loved ones. We blindly trusted that our bureaucratic physician colleagues would work in our best interest. We assumed it was about the profession.

But what transpired out of our indifference to the inner workings of our regulators has been the natural consequence of what happens to any institution (and government) that goes unchecked: corruption. Patrick Henry saw the need for transparency years ago and predicted "the most wicked and pernicious schemes under the dark veil of secrecy" without sufficient transparency and accountability hundreds of years ago. Disclosure of finances is not enough.

Transparency is limited when financial disclosures are delayed over a year and a half - as is the case with our IRS Form 990 tax form requirements. It is also limited when unelected members of our profession collude privately behind closed doors with third parties. But the ABIM has been the poster-child for all that is wrong with the physician credentialing and education system: from secretly funneling over $77 million of our testing fees to create a shadow "Foundation" that promotes itself as the model of "professionalism," falsely filing tax forms, off-shoring millions to the Cayman Islands for themselves, and threatening their diplomates with lawyers and former felons, we shouldn't be surprised.

It is transparency, not disclosure, that is critical to the integrity of our profession. As long as member organizations of the Accreditation Council for Graduate Medical Education insist that physicians pay MOC fees to remain credentialed in their profession, practicing physicians will push back because MOC has proven itself to be corrupt. By supporting the ABMS MOC requirement, academic programs perpetuate the corruption and monopoly interest inherent to MOC and risk compromising the integrity of their programs. Perhaps that is not important to those programs, but I suspect it's of the utmost importance to patients.

Spotlights on medicine are shining nationwide and people are watching, learning.

Transparency in our profession is long overdue.


Tuesday, May 30, 2017

The Alamo Reenacted: Texas Senate Bill 1148

Texas Senate Bill 1148 was a simple, hardly-noticed bill, one that promised to prevent the age discrimination against younger physicians inherent to the trademarked American Board of Medical Specialties (ABMS) Maintenance of Certification (MOC) program. The bill prevented the proprietary and unproven MOC program from being required for a physician to obtain or maintain hospital credentials, insurance panel participation, or state licensure.  It was so simple, so clear, and made so much sense, that it passed 31-0 in the Texas State Senate.

Then the bill moved to the much larger Texas House and got noticed. Like the Alamo, the bill was quickly recognized as a threat to the multi-billion dollar-a-year health care academic, quality, and safety industries. The American Hospital Association (AHA) and ABMS and American Board of Surgery (ABS) lobbies descended on the halls of unsuspecting Texas Representatives with whom they've had long-standing relationships. The legislators were caught between appeasing physicians and appeasing the largest employers in the state of Texas. Dazed and confused about what "MOC" even was, the representatives caved to the inclusion of special clauses that left loopholes for the rich and powerful organizations to re-gain control. The bill's sponsor and anti-MOC physicians who met with as many representatives as they could, fought valiantly to stem the oncoming legislative changes that weakened the bill but were outnumbered. The bill advanced to the Calendar Committee to schedule a date for a vote at the end of the crammed legislative session. The bill could have died in Committee and not gotten a date for the vote, but the word had spread. The Committee received so many calls and emails from physicians across the country they had to close their office to calls. Even the bill's sponsor pleaded to hold off on further calls. Remarkably, the bill went to the floor for a vote. Before the vote, five "points of order" arose, forcing the bill back into committee. There, more changes were made, and eventually exceptions granted to the richest, most powerful institutions in Texas on the basis that MOC was important to assure physician quality and its "practicing improvement projects" were legitimately valuable exercises to improve patient care. Only the last wall of the Alamo, the inability to use MOC for state licensure, remained as a testament to the battle.

The final wording of the bill moved on to the governor's desk for signature, cementing the MOC program as a required educational program for physicians in many of the states' largest hospital centers.

With all this happening in Texas, it was hard not to "remember the Alamo."

But while this legislative Alamo battle may have been lost in some ways, it was won in others. Practicing physicians learned a lot from this battle, no doubt patients did too. We learned firsthand who really feels MOC should succeed. We heard our fellow physicians who defended MOC on Twitter conflate initial certification with MOC, as they often do. We were struck when members of the American Board of Surgery (ABS) rallied to MOC's defense on Twitter, even as the ABS fails to disclose how much of their relatively small $8M/year revenue they earn from MOC on their tax forms.  When the legislative battle ended and the dust settled, we saw those same outspoken critics to the anti-MOC movement gleefully proclaim on Twitter that Senate Bill 1148 "excludes those world class med centers....doesn't apply to #Medschools #cancer centers #trauma centers. #NICU docs...." as if more discrimination was a good thing. No doubt the far more numerous family practice physicians, pediatricians, and internists in Texas who don't have full time nurse practitioners, residents, fellows, political sway, and NIH grants at their disposal think differently.

It remains to be seen if the Texas SB 1148 will really have an impact for practicing physicians increasingly forced to comply with MOC as doctors point to the legislation in the Medical Executive Committees and can't change their bylaws because of the loopholes for some, but not all.

As patients and physicians learn of the realities of the ABMS MOC program and are caught in its regulatory grip, they are flocking to the anti-MOC effort, not running from it. Physicians understand that those that support MOC support corruption, political cronyism, and even tax fraud. To that end, we understand MOC is not about patient quality, but instead about money. The AHA and the ABMS know this, but have to support each other as member organizations of the Accreditation Council for Graduate Medical Education. While losing MOC would mean little to the AHA, the program is critical for the ABMS's survival due to their long-standing overspending, political agendas, and pension programs.

Texas has taught us that the physician anti-MOC movement is unstoppable. It is coming, whether the insurance companies or hospital lobbies like it or not. It is just a matter of time before we educate every legislator in every state, the IRS, and the Federal Trade Commission about what MOC was and what it has become.

But unknowns remain. We want to know what the ABMS International agenda that we pay for really is, we want to know why we fund real estate companies like ABFM Realty, LLC that no-one mentions, we want to know why the leadership of these independent non-profit agencies have to make such exorbitant salaries and benefits, and we want to know why contracts to Premier, Inc, and PearsonVue and hundreds of other contractors are more important to satisfy than time with our patients. Our patients have the right to know. It is time to stop the cover-up.

We are on the right side of this and we know it, whether Texas Senate Bill 1148 matters or not.

We will never forget and neither will our patients.


Wednesday, May 24, 2017

We Want to Know

Dear Richard Baron,

As President and CEO of the 501(c)(3) non-profit organization, the American Board of Internal Medicine (ABIM) and its affiliated Foundation, the ABIM Foundation, you are responsible for public disclosure of IRS tax forms 990 to the public. Those tax forms were due at the IRS office 15 May 2017 for the ABIM's 2016 fiscal year (1 July 2015-30 June 2016).

Where are they?

We want to know.

We want to know because the finances of the ABIM and its Foundation are of paramount importance to us, your diplomates. We believe those finances are the reason we are required us to participate in the ABMS trademarked Maintenance of Certification (MOC) program. Because of clever regulatory capture through this unproven and monopolistic educational program, your organization is responsible for the ability of one quarter of ALL US physicians to work.

We want to know where our money that we pay for your unproven testing is going.

We want to know how much you paid yourself and your officers.

We want to know your legal expenses.

We want to know if you lobbied last year and how much you paid for it.

We want to know if you purchased another condominium for your organizations.

We want to know how much your paid PearsonVue.

We want to know who were your revolving-door officers that year and how much you paid them.

Right now, seventeen states have brought forth legislation to combat MOC. Doctors are leaving work to testify against the requirement for MOC that has been carefully incorporated to our new payment formula (MACRA) and HEDIS requirements made by the National Committee on Quality Assurance for the nation's hospitals, courtesy to Ms. Margaret O'Kane (who doesn't even hold a medical degree), and her board participation with the American Board of Medical Specialties, of which the ABIM is one of 24 specialty organizations.

We want to know the ABIM's finances because our jobs depend on that information. We want to bring that information before state legislatures so we may objectively and factually highlight your spending.

We will not rest any longer, Dr. Baron.

We want to know and we have the right, by law, to know.

Westby G. Fisher, MD
ABIM Diplomate #127308

Friday, May 19, 2017

When JAMA Shows Who They Are

Front and back covers of the May 2nd, 2017 Issue of JAMA
on Physician Conflicts of Interest in Medicine
In the May 2nd issue of the Journal of the American Medical Association (JAMA), the American Medical Association (AMA) discusses the subject of physician conflicts of interest in medicine. This puts them at an interesting juncture when the editor-in-Chief and executive editor of JAMA failed to disclose their relationship with the AMA and the AMA's relationship with US physicians. The AMA still presents itself to the public and legislators as representing Americas' doctors, even though representing US physicians’ interests has not been their financial priority for many years. In fact, it is telling that their mission statement no longer includes the words doctor or physician. If they do represent US physicians as they often claim, then the AMA (and its publication JAMA) are rife with numerous conflicts of interest and public clarification of this fact is desperately needed.

Which is it?

In June 2016 at the invitation of the Pennsylvania Medical Society, concerns regarding the conflicts of interest inherent to the American Board of Medical Specialties’ (ABMS) Maintenance of Certification (MOC) program were brought before the interim national AMA House of Delegates meeting. The AMA and ABMS are co-member organizations of the Accreditation Council for Graduate Medical Education (ACGME) and each organization took interest. The room was full of concerned physician delegates who had taken time away from their practices to represent their colleagues, alongside the President and chief council of the AMA, senior executive officer of the American College of Physicians, and the President and CEO of the ABMS. These courageous practicing physician delegates issued a “vote of no confidence" in the American Board of Internal Medicine (ABIM) - the largest ABMS member board representing approximately 200,000 US physicians - during a national panel discussion. They later passed a resolution to end the ABMS MOC program, which is a laborious recertification process plaguing overburdened physicians across this nation. Unfortunately, the AMA leadership has yet to honor this resolution.

If the House of Delegates is little more than a figurehead that makes a mockery of representing practicing US physicians before the AMA, then the public, legislators, and participating physicians should be formally notified and the perceived conflict clarified. Likewise, when a physician notifies JAMA's Editor in Chief of ABMS authors that have consistently failed to disclose their affiliation with their own for-profit wholly-owned subsidiary ABMS Solutions, LLC in JAMA and elsewhere, a response and action addressing this specific conflict should occur.

However, if the AMA has chosen to serve as an independent business entity paying their journal's editor-in-chief (who also serves as their Senior Vice President) $687,290 while also earning $111.1 million from CPT code “royalties and credentialing services” and $20 million from advertisers, then there is no conflict and the editors can feel reassured their disclosures in JAMA were proper. The AMA is one of the largest nonprofit 501(c)(6) business leagues in the country and has accumulated assets of over $686 million for its purposes.

Publishing an entire journal issue dedicated to the topic of physician conflict of interest while failing to acknowledge their own conflicts with physicians threatens to render JAMA's coverage of this topic to little more than ethical "fake news." The onus is on the AMA to clarify their role and potential conflicts with working US physicians or as Maya Angelou once said, “When a person shows you who they are, believe them.”

Westby G. Fisher, MD
Director, Cardiac Electrophysiology
NorthShore University HealthSystem
Evanston, IL and
(unpaid) Treasurer and co-founder,
Practicing Physicians of America, Inc.

Thursday, May 18, 2017

Caption Contest: Twin Towers

Adjacent Towers in Chicago
(Click image to enlarge)
Okay internet: I need a clever caption for the above photo (note the building labels).

Have fun!