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FRONTRUNNERS®
SUIT
AGAINST ABIM
ALL-NEW UPDATE
INTRODUCTION
Details on FRONTRUNNERS® antitrust lawsuit
against ABIM may be found below. This action was not
a class action, and no antitrust class action has
yet
been filed against the ABIM. The information and opinions contained below, then, and the wealth of information
and opinions contained within the links that follow will undoubtedly prove extremely
valuable to physicians in any future
class action
lawsuit filed against ABIM (and any
company who conspired with ABIM in violation of
federal antitrust laws) for
violations of the Sherman Antitrust Act, Clayton Act, and Federal Trade Commission
Acts),
and will
also prove invaluable for individual physicians who are
considering bringing valid claims against ABIM
as discussed below.
This is a fairly long article (about 26pp printed), so please pace yourself
appropriately. Having repeatedly scoured the net on these topics, we feel that this
particular webpage will
make your review of the topic a whole lot easier and, keep you up on the issues.
If you hear of an outstanding resource, not included in this article or the
accompanying list of links, please let us know so we can add it!
Our greatest hope is that the information, opinion &
ideas expressed on this webpage will serve to educate & ultimately help those of you who are
also
struggling with ABIM's "ethics".1
Ask any physician their
thoughts on ABIM, and
they'll tell you something like, "Are you kidding? ABIM is the biggest racket going". But, that's
usually where it stops. No one really understands the issues or grasps the full
scope of the singular and altogether uncanny relationship ABIM bears with ACP (American College of Physicians), which
FRONTRUNNERS®
has long referred to
(less-and-less-facetiously with time) as ABIM's "educational division"
or "silent partner". Internists understand there's something fishy
going on, but just can't put their finger on it and want to know more. But give internists a forum to
bounce ideas and experiences off one another, and the whole thing blows up. It's
amazing to see how much comes out of these discussions. The Wall Street Journal
blogs (links below) are a beautiful example of this and represent an excellent collection of opinions on
these and related topics.
Physicians everywhere
are becoming increasingly aware and increasingly concerned that
the American Board of Internal Medicine (ABIM) may have been flagrantly
abusing its position to exploit unsuspecting physicians in a scheme to make
hundreds of millions of dollars over years. Before the FRONTRUNNERS®
case against ABIM, most of us really didn't even know what the word "antitrust" even
meant. But physicians quickly caught on that antitrust had something to
with unethical & illegal things like: unfair competition, manipulation of the
free market, conspiracy to monopolize, collusion among companies, and interstate
restraint of trade or commerce. Internists were soon able to recognize that ABIM
had indeed been engaging in obvious antitrust violations, violating numerous
bodies of law, screwing over physicians in a
thousand different ways simply because they're the only show in town,
essentially telling us, "if you want to be certified, you've got to go through us; and we'll
do
what we want,
when we want and
how we want". You get the picture. Because of the interest physicians have
expressed with us in learning more about ABIM, ACP and antitrust law, & related
concerns, we decided to share this page with you so that you can see if & how
these things have affected your lives and your practice of medicine.
Antitrust activities are insidious, not unlike a cancer.
Earlier recognition, coupled with early action, can save a body. That body is
the massive body of internists who are speaking out everywhere. Let's
start with the simple stuff first. As JUST ONE
"small" example of what many would argue is an obvious abuse
of monopoly power, it seems that ABIM
just keeps jacking up the cost of its
registration fees (cert and recert exams/MOC), year after year, fleecing
physicians who really have had no other choice but
to comply. While these fees may be
found in links later on in this article, fees that are currently up to $1365
(!) for the IM Certification exam and up to $2830 for various subspecialty
certification exams. Let's be real. These are computerized tests. This article goes
way beyond just the ridiculous costs of
the exams/MOC, and addresses the numerous other aspects of what may be the
greatest scandal ever in medicine. Let's learn more about ABIM, ACP, and
antitrust activities and behaviors, shall we?
The following links in blue are not meant to be comprehensive
but are simply provided as a quick & convenient list.
Please don't hesitate to email us if you have other exceptional & related links
we can share with others! You might even choose to print all this
stuff off so you can mark'em
up with your own thoughts on the matter & your own experiences with ABIM for a
future date.
Don't forget to
bookmark this page before you start
or do as we do and drag it from your URL bar to your desktop for later reading
(it's about 26 pages if you print it off) and fairly concentrated. Who knows, it
might just make it to the next John Grisham novel! It reads like one.
Thanks for your interest in understanding the issues, and happy reading
of course!
WALL STREET JOURNAL BLOGS
http://blogs.wsj.com/health/2010/07/01/abim-sorts-through-physician-appeals-over-arora-sanctions/tab/comments/?sort_order=desc#newest
http://blogs.wsj.com/health/2010/06/09/abim-cheating-scandal-take-a-look-at-some-test-questions/tab/comments/?sort_order=desc#newest
http://blogs.wsj.com/health/2010/06/15/abim-arora-board-review-settle-test-prep-questions-suit/tab/comments/?sort_order=desc#newest
http://blogs.wsj.com/health/2010/06/18/whats-the-next-step-for-doctors-sanctioned-by-abim/tab/comments/?sort_order=desc#newest
Misc Additional Resources: http://www.changeboardrecert.com/all-comments.htmlwww.gofrontrunners.com/_Antitrust-Violations.htm http://www.kevinmd.com/blog/2006/09/internal-medicine-recertification-is.html www.gofrontrunners.com/images/PDFs/FRONTRUNNERS-BOARD-REVIEW-vs-ABIM---FRONTRUNNERS-SETTLEMENT-'OFFER'.pdf DISCUSSION (ALL THE CRITICAL STUFF)
Like some ravenous pig, though, greedy for more than the approximately $30 million ABIM already makes per year on exam registrations alone, which profits are ultimately split among its "non-profit" ABIM foundation trustees ("hmmm..."), found here: http://www.abimfoundation.org/About-Us/Trustees.aspx , ABIM continues its shameless heist for more, thru the case itself and thru the recent demonstration of nothing less than hitler-esque fear-mongering tactics, documented in the Wall Street Journal and other blogs, designed to "frighten" physicians to lining up for their daily rationing of ACP products in their obvious-to-anyone attempts to REDIRECT market share from FRONTRUNNERS® to ABIM's "silent partner" or "educational division", as Dr Mittman refers to the ACP. Don't be fooled. This REALLY isn't about ethics. That's just a diversion (you guys all know this by now for sure). It's the old razzle dazzle: "Look over here shaking my finger at you....while we rob you in broad daylight with our other hand". I think the expression is, "Homey don't play that way." However, every time ABIM's "homies" have played that way (namely righteous and dishonest in every aspect of their litigation), they've ended up with their face in the mud. A great example is ABIM's timing their suit against FRONTRUNNERS® with the release of their little buddy's (ACP's) MKSAP15, ACP being FRONTRUNNERS® direct competitor, because (much to ABIM's dismay) FRONTRUNNERS® had already released its latest edition of its own Q&A, thwarting their evil little plans. That $30 million per year doesn't even include the monies ABIM is obviously making off their "special arrangements" (non-disclosed) with ACP when ABIM builds ACP's products like MKSAP or MKSAP modules into ABIM's 100 point Recertification system, nor thru the highly-unusual and obviously-illegal, almost exclusive endorsement they seem to give to ACP's products (hey, keep it in the family right?). PS: It's not because it's better for patients. An outstanding antitrust firm, if not the Antitrust Division of the US Dept of Justice, if anyone contacted them, would have a field day with these illegal "tying" arrangements, other various restraints of trade, overt antitrust misconduct and conspiracy to monopolize and more. Realizing early on that they had no case from a very early point in the case, ABIM entered settlement talks with FRONTRUNNERS® soon after receiving FRONTRUNNERS® Answer & Cross-Complaint. FRONTRUNNERS "settlement" offer to ABIM may be found here: Following what seemed like the ultimate call-out regarding
ABIM's antitrust violations, as reflected in Dr Mittman's proposed settlement
terms, and after learning that all of FRONTRUNNERS®
questions were legitimate and crafted thru Dr Mittman's own blood, sweat and
tears, ABIM next got busy, soon after FRONTRUNNERS®
original Reply and Cross-Complaint against ABIM for Antitrust Violations, creating a fictionalized case for “discovery sanction”.
In that request, ABIM feigned that the
"reason' they couldn’t prove their case was that FRONTRUNNERS just wouldn’t help
them find the proof that they did not themselves have, requesting of
the magistrate that FRONTRUNNERS®
receive a sanction for discovery "abuse". The actual Judge on the case has
yet to reach any decision regarding the actual merits of the case in chief and, we hope, will see through ABIM's shell game, even as
ABIM continues to cross their fingers and put on their best poker face, hoping
they can also fool this Judge to "fold", with nothing in hand except their
flaccid ego. As for the magistrate’s recommendation re “discovery sanction”, etc, it’s your basic legal “ethics”. Here’s how it works: the opposing party attempts to convince the magistrate that certain of your answers need to be “compelled” (expanded or redone). Then it’s the old “damned if you do and damned if you don’t” routine, where if you don't produce the evidence, in your supplemental answers, that they were supposed to produce themselves, then "you had to have been hiding it”, which is how less scrupulous lawyers try and win when they can't win on merits (truth or facts).
"HEY! DID YOU KNOW... ?" Did you hear that, over the course of 3 years of allegedly "grueling", "hot lamp" tactics with ABIM in Federal Court, NO PHYSICIAN OR CUSTOMER NAMES were ever provided to ABIM by FRONTRUNNERS®? That's right. One might say, "Homey don't play that way." We just say you can't be expected to provide something you just don't have. While your passing the exam is our chief passion, your right to privacy always comes first. Check out FRONTRUNNERS® Privacy Policy here (scroll down): http://www.gofrontrunners.com/Internal-Medicine-Board-Review.htm#packages.
The case is currently under Appeal in the Ninth District Court of Appeals for repeated judicial indiscretions, clear and plain error, and failure to properly adjudicate our MOTION FOR SUMMARY JUDGMENT, which clearly outlined ABIM's flaccid case, pointing to its lack of substance or truth (also called "merits") to their case. Ultimately, ABIM failed to prove to the judges that even a single question was ever copied from their exam. Numerous physicians recognize that ABIM's "letters of
reprimand" charade was simply ABIM's best attempts at "fear-mongering" (in
order to "scare" physicians away FROM the leading, remaining private board review
companies like FRONTRUNNERS®,
MedStudy, & Arora OVER TO Naturally, all this bad karma thwarted ABIM's best efforts at channeling, or redirecting, the market, one competitor at a time, or en masse, thru lame attempts at fear tactics under the guise of...of all things..."ethics"?! Mirror mirror on the wall, who's the most unethical of them all?
"... AND DID YA HEAR ... ?" Very few people anywhere even know this, but did you know that, of the 5 individuals who ABIM *specially selected* to sue for copyright following their letters of reprimand charade (read "fear-mongering campaign") & the whole Arora scandel, ALL 5 WERE DISMISSED by the Judge?! Yep, it's true!
FRONTRUNNERS® describes that ABIM seems extremely FEARFUL that the Appellate Court, and ultimately the District Judge will DISMISS their copyright case for lack of merit (inability to show infringement) IF presented with FRONTRUNNERS® SUMMARY JUDGMENT, which clearly documents ABIM’s lack of evidence whatsoever and highlights ABIM’s repeated contradictions to their own arguments. Specifically, FRONTRUNNERS® will argue that ABIM, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact (a jury in this case) to find for their copyright allegation; and that the Defendant be entitled to judgment as a matter of law.
Based on ABIM's ATTORNEY COSTS (eg $50,000 for a single motion and their hourly breakdowns), when all is said & done, FRONTRUNNERS® estimates that ABIM will have LOST at LEAST 5-10 MILLION DOLLARS from its lawsuit alone with FRONTRUNNERS®. Congrats ABIM. Your seeming strength (thinking you could hire 6 or 7 attorneys for a single case for three years (so far) is now your greatest weakness. What's worse, you also opened up a can of worms because physicians now get what all the issues are, injuries they've suffered, and how best to approach their new cases. We're talking about the numerous other cases that have been brought by physicians, separately, against ABIM for injuries to their careers, reputations & much more, at least ONE of which cases, we've noticed, ABIM has "sealed"...probably so that no other internists with gripes will see how bad ABIM loses and how much money ABIM will have to pay that individual. Hmm, what's your projected lifetime career earnings potential? We're thinking a lot. And we know there's a lot of physicians out there who got screwed any one of a hundred ways by ABIM. Remember, too, that- even if ABIM can withstand the several individual lawsuits (we think more are expected to follow once internists realize what's been going on) that are currently underway against them- this is nothing compared to the HUNDREDS of millions of dollars ABIM is expected to lose following the Antitrust Class Action filings physicians are expected to bring against them (and any company who conspired with ABIM in violation of federal antitrust legislation) for violations of the Sherman Antitrust Act, Clayton Act, Federal Trade Commission Act, the Clayton Act & more), all of which bodies of law were designed to protect you and I from companies engaging in antitrust behavior, illegal market manipulation tactics, conspiracy to monopolize, etc., which action ABIM surely could never survive in its current form. What's better, the hundreds of millions of dollars we're talking about are statutory damages hard-coded into US Code (U.S.C.) 15 §§ 1 & 2. That body of law is just sitting there waiting for physicians to figure out what's been going on. For now, I'm just here to educate. Physicians aren't attorneys, and ABIM (a small company really) and its attorneys with Ballard-Spahr (a small to medium size firm) basically look at internists as sheep. FRONTRUNNERS doesn't see it that way. They also realize that the average individual doesn't really understand what "antitrust" means, and so "couldn't even recognize it if it walked through their door". Indeed, they're counting on it!! And whether it's individual cases or class action, I'm sure they're ALSO counting on the fact that you wouldn't even know what your Statute of Limitations is for bringing a case against ABIM, right? We know this because...we didn't know this. Our antitrust case was INITIALLY dismissed because of the 4 year statute of limitations relative to the injuries we cited. However, as previously & elsewhere discussed, NEW INJURIES have occurred to physicians and not just the letters of reprimand charade. That means that the CLOCKS STARTS OVER. Perhaps things have puzzled you over time, like, "Why the heck does ABIM charge so much and keeps increasing like every year?" ... or... "They've got the biggest scam going on ... but what can I do? I have no choice" ... or... "I've always thought there was something fishy going on between ABIM and ACP...just couldn't put my finger on it... I just thought they were the same company or partners or something...aren't they?" ... or... "Now that I've read up on this, I totally get it. What the F@#!"... or... "I never really thought about it. I just sort of accepted that they were working together."... or... "I never really thought about it, but now that you mention it, it is an uncanny relationship" ... or... Why do I keep failing my exam with ACP?"... or... "How does it benefit ABIM if I fail using ACP?"... or... "You mean they're not partners? I always thought they were the same company or joined at the hip in some way?" ... or... "Wait a minute! if they REALLY wanted me to pass, then why don't they just send me a BOOK and I guarantee (!) I will learn that book cold! So, why don't they do that?" >>> You know why: it's not at all about ABIM's bogus "mission statement" and fake "ethics" mantra or their bs that they believe certification/recertification leads to "better patient care" or any of that nonsense. It's about money of course. The whole system crashes if they don't keep a step ahead of you. They'd give you a booklet and you'd learn it...but then... how could they justify charging you thousands of bucks every time you cert or recert (we're talking the whole process) if they made it that easy?! Their partner...-in-crime, the ACP would definitely be out of business. Us? yeah, it's true, we'd probably be out of business too, lol. But who cares, it's not about us. Not at all. This is way bigger than that. It's about money. That's the same reason they guard their "copyright" and are trying to sue everyone from here to kingdom come...as if they're a publisher or something...but if they published board review materials (like FRONTRUNNERS®), it would obviously be unethical because it's an glaring conflict of interest (since they're writing the exam and grading it). So! How do they pull it off? Their "silent partner" (ok, that would be illegal) or "educational division" (hmm, that's illegal too), that is, the ACP, does the publishing (ACP produces the MKSAP (which competes with FRONTRUNNERS Q&A), board review courses (which compete with FRONTRUNNERS courses), SEP modules, SEP module courses, Board Basics (which compete with FRONTRUNNERS syllabus or core review, etc), and so ABIM has "clean hands". THEREFORE, ABIM actually has a LOT to protect when it comes to copyright!! (even though it's not "theirs"). To them this is the ULTIMATE arrangement because suckers THINK that,
Why do
you think ABIM decided to file their cases against the board review companies
just before Well, that's a funny question because, if you're like me, and you're very visual, you first have to imagine their face. Can you? That's right, there is none. Their new "face" (have you noticed?) is the photos of you guys they plaster on their home page in the upper left...um, does anyone know if doctors actually sign a photo release to be included on ABIM's homepage? Hmmm, one wonders if they sneak that into the written cert/recert exam contract, along with the pledge, lol, as in "I pledge allegiance" *smiles*. The photos fiendishly IMPLY (some would say intentionally misrepresent) that "doctors everywhere support ABIM", when in fact every doctor we've ever spoken to hates their guts but often doesn't know what difference they can make and often feel consigned to their fate. They feel that ABIM essentially has them constantly by the neck and controls their future. The photos, then, are not unlike Nazi "feel good" propaganda films. How funny (not really) if you imagine the ABIM Foundation and trustees as the fascist regime. If you hadn't noticed, those photos started magically appearing after ABIM's public opinion was at no-doubt an all-time low following their fear-mongering campaign, i.e. their "letters of reprimand" they'd sent to physicians who had attended private board reviews. So, "Are ACP & ABIM truly "happier" when you pass or when you fail?" Most people already know that any faceless conglomerate only looks at its NET PROFIT (their bottom line) at the end of the year to gauge how well they did; because it's certainly not "public opinion", "public satisfaction", "unbiased consumer polls" that keeps them in business. Who cares anyway?! "The customers don't have a choice. We REQUIRE that they recertify every 10 years; it's no longer an option." Think about it, if there's a finite number of physicians certifying and recertifying, how do you increase your bottom line? You can't increase the number of physicians taking the exam (well, not anymore; remember, ABIM did do that when they suddenly changed the game requiring recert every 10 years for physicians certifying after 2000 which led to their income practically doubling overnight). So, if you can't increase the actual # of people, what do ya do? You make them (albeit unwilling) repeat customers! Hey, you did it before, what are you gonna do, make recert every 5 years now? Why not do something with the certification pool? Hmmm, I could see the wheels turning...with all this "non-profit stuff going on (see below!), it's easy to see how doctors could start visualizing your thought process, "We could make it harder for them to pass. That will increase our customer base!" ABIM, what's the maximum percent decrease in pass rate that you need to achieve before anyone notices anything, because, I'm betting that there's some calculation that for every percent drop in pass rate per year (it's an easy calculation I'm sure), there's a commensurately and predictably noticeable sum of money that lands directly in your pockets. I don't know. Call me crazy. Incidentally, Christine Cassel, MD, the President & CEO of ABIM, is a geriatrician who, last time we checked, last took her internal medicine boards in 1979, or 32 YEARS ago. Now, I personally have no problem with that. However, SHE DOES! The comment section at abim.org on her results page, reads "Certificates awarded in Internal Medicine prior to 1990 do not require renewal. However, ABIM encourages all diplomats voluntarily to renew certificates relevant to their practice." ... which she OBVIOUSLY stands behind, right? If they put that comment next to everyone who's grandfathered in, then, of ALLLL the doctors in the country, wouldn't she think SHE should set an example?? Hypocrisy at its best. Make everyone else suffer thru the exam so you can make the bucks, but can't take your own medicine? Hmm, let's talk some numbers. In ABIM’s 2005-2006 Tax Returns / 990s, she was paid, from these "NON-PROFIT" companies approximately $700,000 a year. But that was some years ago....so we were fascinated to see "how business is coming along for her". We just checked back at www.guidestar.com , since these are open to public inspection. All you need is a login. It's easy. Here's some more stuff we found, just sitting around in the attic, collecting dust:
"Mmmm, business is gooooooood baby!!" Interesting Educational Tidbits: And don't forget, nonprofit organizations (NPOs), which are usually funded by donations from the private or public sector, are typically exempt from income taxation. In short, a 990 filing means a company is tax-exempt. On the other hand, a tax-exempt organization must pay income tax on income that is unrelated to their exempt purpose. A tax-exempt organization's 990 forms must be available for public scrutiny. So I'm assuming that the ABIM Foundation's officers' ("O") and ABIM executives's ("E") salaries are tax-exempt too. [Incidentally, just so you got the lingo down, a 501(c) organization or simply "a 501(c)" refers to the tax-exempt, nonprofit corporation or association. The 990 is the federal tax form they submit, ie Form 990 (Return of Organization Exempt From Income Tax)].
"AND DID YOU KNOW... ?" We wanted to take a moment to share with you something we bet you didn't know, again, in keeping with our theme of keeping you educated on how ABIM works, is governed, etc. The following statement, describing the relationship between the ABIM and the ABIM FOUNDATION is straight from one of ABIM's 990 Taxes:
So, wait a minute...where did all that money come from?? It came from us, guys. Proof of the amazing things we're capable of doing when we work together to contribute to (someone else's) cause! *wink*. Come'on, we're not talking about IBM or Exxon-Mobile, where the CEOs represent millions of investors (at least they're held accountable to their investors!!!). And we're not voting in these guys, RIGHT?? ...but they're representing our interests??? Ummm, I kind of doubt that. And we sure as heck can't vote'em out either! It's like a self-fulfilling prophecy; or more like a self-fulfilling profit. So, if we were able to create all this..."without even trying"...imagine how much more we'll be able to do when the right time comes ...and you'll hardly have to lift a finger! What's more, you'll already be familiar with all of the key issues by that time. And imagine that we'll be contributing to our own cause, and not someone else's... business strategy. Doctors are pretty focused, everyone knows that. Our drive is our strength. However, our independence is our only weakness that our enemies always capitalize on. Every physician I know almost always achieves what he or she sets out to do. Do you ever imagine what we'd be capable of if you put even a few/10/20/50/200/10000/100,000 of us together? But it never happens. Why not? Think about that. And I'm not talking about physicians coming together to form a group practice. Heck, if you can do that, you KNOW you can conquer the world! Right? Indeed we've achieved so much without even trying. Now imagine that without us, there would be no: HMOs, no ABIM and no ABIM Foundation. It's not just there because of us. We built ABIM! Imagine ABIM as a pyramid with Christine Cassel, Richard Barron, and the rest of this small group of 14 ABIM trustees) on top of this pyramid. Now think of yourself as an Egyptian slave, first building the ramps to the pyramid (the foundation of medicine), and then having to haul 2 1/2-ton stones up that ramp you just built for yourself, one stone- that is, one board certification- at a time. Now imagine there were 590,000 of those blocks. We doubt that ABIM or ACP are using your pass rates as their criteria for classifying "a successful year" when tallying up their numbers at year-end. It's almost ludicrous to think so, right? Now here's a little humor to lighten that load you're constantly hauling all these years. The following few paragraphs in italics are merely political satire. Take from it what you will. Here we go. Imagine ABIM's accountant (it can be anyone), at fiscal year-end, telling the following to Christine Cassel (President & CEO of ABIM and formerly President/CEO of ACP... *eh-hem!*) ...
By the way, those 990 tax filing numbers above were just from the ABIM Foundation's tax filings. Don't be fooled. That's not the ABIM. It's a "separate organization" (translation: excuse for self-appointed foundation members to pay themselves additional salaries). We could NOT find the recent 990 (taxes) for ABIM which are also supposed to be open to public inspection. If anyone can locate the recent ABIM 990, it would be great if you can share it with us. Million dollar incomes aside, let's not forget the other costs we foot, namely the tens of thousands of dollars physicians lose every time we have to put our PRACTICES ON HOLD, typically for months at-a-time, to study for an exam, or cut down your hours seeing patients considerably. We're not even talking about the extra time and humiliation handing out patient surveys which they submit directly to ABIM. Nope, we're not even talking about the MASSIVE number of hours you put into taking the SEP MODULES. We're not even talking about the countless hours we spend flying around the country to various board review courses.And, by the way, is there ONE of us who hasn't LAUGHED (to themselves or outloud), "ARE YOU KIDDING??" when you see their questions? Yeah, when's the last time you saw a case of X (every doctor has his or her own favorite to fill in here). Nice try ABIM. So, no matter how you slice it, it comes up bologna. How many ways have we looked at this so far in this one article alone? Let's look at it yet another way. ABIM represents NONE OF US. They don't represent OUR agenda; they represent their own, and we're just supporting their pipe-dream. Who REALLY benefits when you take your cert and MOC/Recert? Well...think about it. Who is the TOP decision-maker at, say, ABIM? It's Christine Cassel, and something tells me, by looking at her million dollar income above, that it's not your patients that drives her every decision. Does ABIM really represent what PHYSICIANS actually want (even remotely)??? Please. We'd wager that if 100 physicians were asked whether they'd sign up for ABIM's Cert & Recert torture "voluntarily" (if it wasn't required and their decision wouldn't negatively impact their practice), at least 95% of us would say "F#@! that. Thanks anyway! SEE ya bitches!!!" and get back to our JOBS, right? Hey, we all know self-learning is PART of our jobs. We're not 2 years old. The first thing we learned about this profession was that "you never stop learning" and "you're always going to be studying" and keeping yourselves up to date. It's part of our job description. We knew it going in. Any layperson even knows that doctors are constantly learning. Our very practice requires it. It's common knowledge. Yeah, sure, it's obvious that studying your ass-off for months will help you recognize and treat more diseases, but all of us already know that, if we're not sure of something or want to know more, we look it up or we read the stuff that's RELEVANT to our patients! If not, who suffers? We do and our patients do. I'll bet most of us would agree that, ACTUALLY, we learn best "in vivo", ie from the every day lookups between / for our patients. That's when our adrenaline is really pumping and we have a faces and storeis to go with the disease. That's way more memorable and we don't have to turn our backs on our patients for months to do so. And, if not the love of medicine or the desire to see others smile or just because we want to provide the best care possible, well, there's nothing that will motive you more than the ever-present threat of malpractice. That alone keeps that rare, less-scrupulous doctor on his toes. So, no matter who you are, we're all self-motivated and we would NEVER have gotten here were we not. What's more, we already have a thousand different ways to keep up to date, from journals to review courses to CME to morning rounds/grand rounds/M&M...the list goes on forever. We don't need a private company (did you know ABIM is just a private company?) that appoints its own members and mythologizes the significance of its own man-made exam...to "get us studying"? I think not! Imagine how many more patients you could actually help with that extra 100 to a 1000 hours you put into all of this every year / every 10 years. Do you REALLY think ABIM's Trustees or its Foundation members' primary / secondary / even tertiary concern is your patients' welfare? I'm not talking about the bobbleheads or pawns they put on their dashboard (I mean their "directors")...not yet at least. Are we expected to BELIEVE that think that THEY care more about our patients that WE do??? Isn't that like when someone else tells you how you should parent your child? No one knows your children like you do, and no one has their best interests in heart as much as you. We weren't born yesterday. Just because we don't REACT doesn't mean we AGREE. However, just like life, people will walk all over you as long as you let them. If you step up, and punch'em in the face (or best equivalent), they always stop bothering you, usually develop a healthy respect for you, and often end up standing their with shock on their face. Do you really think they doubt that your patients would STILL get excellent care without their costly (lucrative) exams, costly MOC process and profitable "silent" partnership with ACP? Even before one understoods what antitrust law is, we think you'll agree that it's obviously (to us, ridiculously so) UNETHICAL and overtly ILLEGAL (conspiracy to monopolize, violation of restraint of trade & interstate commerce) for ABIM, a ("non-profit") company that oversees all aspects of a board exam they write, to be engaging in the types of behaviors we discuss in this article. And here's yet another perspective you may not have considered. Remember that, just because ABIM built their system for "non-profit" tax-filing status, it doesn't mean they aren't just a private company that appoints its own members, assigns its own salaries, etc. Remember this perspective every time you read their corny mission statement(s). Who said a non-profit company can't be a private company? Any private company with a "public mission" statement can apply for non-profit status. Also, non-private companies are often perceived to hide behind their corporate veil, while private companies are perceived as more accessible. Naturally, it's extremely hard for any ONE physician to effectively take down ABIM for Antitrust Violations on his or her own. Individual physicians' lawsuits, no doubt, can make a HUGE difference, but, at best, it can only make whole THAT ONE PHYSICIAN. No one else benefits. Sure, it's true, if perfectly coordinated across multiple legitimate lawsuits, we could do it. But then that's what class actions are for, so each person doesn't HAVE to file their own individual lawsuit, which is WAYYYY too much work and obviously redundant. Instead of each physician struggling on his/her own with 100,000 lawsuits, we just fill out some form the designated firm sends us documenting our experiences and related losses. Indeed, few people even know that multiple physician lawsuits were recently filed against ABIM for a long laundry list of injuries to their careers that, actually, so many of us have experienced. These cases are not hard to find online. Having a PACER account can also help if you want to read or printoff the actual cases (if the cases aren't yet sealed). Others have talked about the power of each of these lawsuits in assisting one another independently, where each physician's lawsuit, in pursuit of his or her own damages by ABIM, improves the position of the NEXT / co-occurring cases by virtue of ABIM having had to defend themselves (and throw more money at the problem), which in turn forces concessions / settlements they would otherwise not have to have made on other concurrent cases. Who knows if physicians are working together to achieve maximal effect. Maximal effect can also mean that one case LEVERAGES off the next (or co-occuring) case (this is exactly how lawyers make their money), where each one ratchets the next one up (think precedents, requests for judicial notice and the like), where, for example, you ask the Judge to "Take Notice" of a significant finding or order etc from the other case or inform the Judge of the results of OTHER SIMILAR cases to yours. Further the mere financial burden of having to defend (and indeed later payout) these lawsuits over a short period could bring ABIM to its knees- where physicians effectively "pack hunt" not unlike how hyenas might bring down a larger wildebeast or any of a hundred other examples in nature. But, to achieve a true victory for ALL PHYSICIANS, the only REAL way, the SIMPLEST way, and the most efficient way to get rid of the butt-ugly monster is to file class action litigation vs. ABIM led by a few physicians who easily recognize and understand the issues we've discussed here, including things like: a) the careers that have been lost or devastated because of these schemes and ABIM's fear-mongering and over-reaching tactics (like sending out threatening "letters" to those who've taken certain board review courses for not reporting/ "policing" the proctors? Are we all now special deputies for ABIM...what a joke!). Why did ABIM REALLY send out those letters? The short and honest answer is they think you're pussies. Yep, they think that everyone's suddenly going to freak out in ABIM's attempt to manipulate the market by channeling, or redirecting, the market- one competitor at a time- or en masse, thru lame attempts at fear tactics under the guise of "ethics". Don't be fooled. b) the serious financial injuries physicians have incurred (who doesn't think ABIM's registration prices are R-I-D-I-C-U-L-O-U-S??? Who is their competitor? Oh yeah, they have none...and they know it ...and they don't care that you know it or not). c) how physicians have been intentionally misled by ABIM to feel (*wink wink*) that ABIM is somehow AFFILIATED &/or exclusively ENDORSES the ACP and their line of "internal medicine board review products"...and no others....that's not just bad for us...that's bad for EVERYONE. When you limit the available or perceived available options to the market, you're obviously doing something highly unethical and you're screwing physicians who might otherwise want to invest in alternative, private board review resources. These types of activities ultimately seriously impact physicians' individual pass-rates. Why? Isn't it obvious? Because when you feel afraid to attend a board review for fear that you might get a "letter" from ABIM, that negatively impacts your ability to pass the exam. When you don't pass the exam for this reason (there are numerous other arguments too), your career is negatively impacted (that's a HUGE financial injury to physicians). d) And similarly, how ACP has intentionally misled (thru innumerable methods) physicians to believe that they are somehow AFFILIATED with ABIM...hmmm, is FRONTRUNNERS affiliated with ABIM? Not outside of our Antitrust lawsuit! Is MedStudy affiliated with ABIM? Nah, of course not. We're private board reviews who have a vested interest in your PASSING the exam. Many have argued (interesting thought) that ABIM and their "silent partner" or "educational division" actually have a vested interest in your NOT passing the exam ... so that you can REregister for the Certification /Recertification Exams / MOC each time you fail. They make more money that way. See recent Certification Exam enrollment fees here: http://www.abim.org/exam/cert-cost.aspx or you can REregister for the MOC (Maintenance of Recertification aka "Recertification") when you fail again. See the fees here: http://www.abim.org/moc/policies.aspx#enrollCost The beauty of this scheme, as we see it, is that ACP can pay ABIM back for the referral when physicians have to reregister/reenroll. "Thanks buddy!" Of course it's cyclical because no sooner have you reregistered than their conjoined twin (ACP) has its hands in your pocket again for thousands more. ABIM is the proverbial "fox guarding the hen house". By the way, we're not EVEN talking about how ABIM ties ACP's products (MKSAP) into your Recert point system!! We're not EVEN talking about how, when ABIM first started doing this tying, they also basically simultaneously decided that the Recert is no longer optional. We're not EVEN talking about how they decided you have to go thru this crap EVERY 10 years (unless you're grandfathered...which is a whole 'nother article)! We're not even talking about...we could go on forever (but you might want to catch up on what physicians throughout the country actually feel about these issues and more by checking out all the links at the top of this article). Click here to return to those links to the Wall Street Journal blogs, changeboardrecert.com & more (immediately after the first paragraph in green at the start of this webpage). Then don't forget to come back here and finish reading if you like.
Many people wonder whether Dr Mittman, had he not proceeded pro se
(self-represented), would ever have survived this long in Federal Court. When
asked about this, Dr Mittman recently stated that,
“There are numerous invaluable lessons here, one of which is to stand up for
yourself and face the butt-ugly monster. Another is that all of us individually
and/or collectively, can make a HUGE difference in bringing down the beast.
Another is that a little inspiration never hurts, especially in light of recent
inappropriate actions against thousands of physicians. Lastly, you can hire a
bevy of lawyers, and “win”, but you’ll end up losing everything to the lawyers
who billed you. Never be afraid to stand on your own, if you have truth on your
side. And, oh yeah, don’t forget to always claim your 7th Amendment Right to
Jury Trial, which makes it next-to-impossible for a ruling against you without
an opportunity to argue the merits of the case.”
Really weird things like: 8. And how, soon after her transition from ACP to ABIM, they conveniently built ACP's MKSAP and modules INTO the VERY requirements of ABIM's brand-new "100-point system" (created from a new & self-appointed "Liaison Committe on Recertification". And then, yes, simultaneously and magically CONVERTED what HAD been previously optional (recertifying) into MANDATORY for physicians who'd certified on or after 1990 (just as good a year as any other, you're right). Talk about a captive audience, right? This tying of products, unfair competition, restraint of trade, and market manipulation is by no means "procompetitive". In the financial world, it's called "insider trading".
A friend of mine recently shared a little bit of history with me I was unaware of. Allow me to share it with you, because it's one paragraph, and it's oddly-similar to ABIM's incessantly-touted "setting standards" and "standards of care" nonsense. The concept of "standard of care" is entirely founded on the pharmaceutical industry when Randolph Hearst and his buddies, who owned Standard Oil, decided there were big bucks to be made in pharmaceuticals. At the time, they were petroleum-based so they created the famed "Flexner Report" which basically shut down any educational institution that could not afford to upgrade to their self-serving "standard". Many therefore argue that our entire health system's "standards of care" are founded not only on the oil industry, but on seed money these guys made from factories in Nazi Germany. Things haven't changed much. Today "standard of care" is increasingly used as a "weapon of terror" to gain increasing control over physicians who, along with their patients, were previously doing JUST fine without them. Just take a look at ABIM's propaganda campaign for "ethics" and "standards of care".... then look at the ridiculous salaries ABIM, the ABIM Foundation, and its trustees make. I guess the more they can masquerade as an "ethical" company, the more they know they can sell their newfangled "standard of care" to insurance companies and HMOs....our other mortal enemy. Antitrust is antitrust. Unfair competition doesn't just hurt competitors like FRONTRUNNERS, MedStudy, Arora, etc. It also increases the barriers to market entry for new companies who would otherwise bring new products to the market, improving your chances at passing the exam. Antitrust, thru pricing structures, and by increasing barriers for market entry, then, makes LESS competition for ACP and hurts individuals who would otherwise have more board review products to choose from and better prices. Amazingly, a LOT of physicians who visit ABIM's website, and decide to register for the cert or MOC, DON'T EVEN KNOW about this illegal, creepy and incestuous arrangement between the ACP and ABIM. They also don't know that every time they see ACP's products (some are "in your face", like when you see them built into the MOC 100 point system of requirements), ABIM is essentially plugging their undisclosed "educational division" and "silent partner", to the detriment of the market at large, FRONTRUNNERS contends. Major money machines, ABIM and ABIM Foundation, then, have a VESTED INTEREST in plugging ACP's products (mind you, they don't actually care if they work or they don't....better if they don't so that you keep having to reregister and pay another $2000 or whatever it's up to as of this hour)... in my opinion. THEREFORE, you're kind of conned (see the "Eight Steps" in FRONTRUNNERS® Cross-Complaint for Antitrust Violations atop this page) and ultimately cattleherded, thru subtle and less-subtle ways, into thinking that ACP is the "only sanctioned" (I mean protected this time, or "safe") board review company WHEN YOU REALLY JUST WISHED you could choose whatever company's products you want (WITHOUT fear of reprisal thru such market manipulation tactics as ABIM's "letters of reprimand" etc). For those of you who do purchase ACP products (courses, MKSAP, modules, modules courses, etc) ask yourself WHY you ultimately choose them and what factors play in to your decision. Is it because of the "UNIQUE" yet undisclosed relationship between ACP and ABIM? Is it because you remain "slightly" worried about REPRISAL (eg receiving some "letter" in your file) if you physically attended another/private board review? Is it because you feel ABIM EXCLUSIVELY ENDORSES ACP's products, i.e. NO OTHER companies' products? If, any of these factors played into your purchase decision and then you went on to FAIL your Cert or Recert, what were some of losses you experienced for having lost your board certification? And do you think, had there been proper disclosures, that you MIGHT have made a different choice in your board review products, availing yourself of other awesome products with your limited budget? Had you read the article you're reading now BEFORE your purchased ACP products, would knowing all of this have affected your thinking patterns and decision-making? Our board certification is what's called a "valuable property-right" we've earned. Ongoing lawsuits against ABIM use this type of language. When you fail your boards, what happens? Any or ALL of the following: You lose your partnerships (or chance at partnership); you lose your hospital priviledges; you lose HMO contracts (new or renewals); you lose potential income; you lose your reputation (yeah, it's quantifiable); you lose potential career income (job offers, raises, etc). And don't forget that little asterisk the HMO provider directories put next to anyone's name who is "not yet boarded" or just "board-eligible". If a patient sees that, do you really think they're gonna feel that lovin' feeling and circle your name? That's more lost income. Board certification is a valuable property-right you've earned. Many people LOST that property following ABIM's letters of reprimand charade, and that property was taken away from them illegally, it seems, as there was no formal adjudicatory hearing (ie "NO DUE PROCESS" of formally evaluating the evidence, statements, etc) PRIOR to that, and then once one was put in place, it was, as many have called it, their own "kangaroo court" (their own people deciding on it). Those are examples of your actual damages or injuries. See below for the U.S. Code of law regarding reimbursement for these losses. Most internists are (understandably) too busy to think about these things because they're already on the HMO treadmill (CPT reimbursements fall X% each year requiring you to see X% more patients just to keep pace). Physicians are definitely affected. It's precisely because these injuries are "so difficult to see". The average busy physician doesn't think about these things---they don't have the time to adequately reflect on these issues, because they're we're busy spinning their wheels (precisely because of such activities). Most physicians don't know, for example, that U.S.C. (U.S. Code of law) imposes fines of up to $100 to 200 MILLION PER VIOLATION to CORPORATIONS (eg ABIM) who engage in these types of activities; plus U.S.C. Title 15 § 15 ("Suits by persons injured") provides for what's called "treble damages" (that means three times the damages/injuries individusals can document having suffered) as a result OF such violations PLUS the costs of your suit including your attorneys fees (ie they want to encourage people to come forward). This is what's supposed to keep companies from going corrupt and keep them in check, and is why antitrust violations are held in such contempt by the government, as they completely disrupt what should be a free market. The United States Department of Justice Antitrust Division and the U.S. government itself have found these types of acts in restraint of trade and monopolization of trade so egregious, due to the significant, destructive financial impact on the economy, that fines were actually increased 10-fold in 1990 from $1,000,000 to $10,000,000, and then again, another 10-fold in 2004 from $10,000,000 to $100,000,000 for corporations (like ABIM & ACP). These statutory damages or fines are protected, in every instance by the US government, and are reflected in U.S.C. 15 §§ (sections) 1 & 2, as shown below. Here's the exact wording of these laws and what companies engaging in these types of behaviors can look forward to: U.S.C. Title 15 Sections 1 & 2 of the SHERMAN ANTITRUST ACT:
§ 1. Trusts, etc., In Restraint Of Trade Illegal; Penalty Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. and ... § 2. Monopolizing trade a felony; penalty Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. plus... 15 § 15. Suits by persons injured (a) Amount of recovery; prejudgment interest “… any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States …and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. {emphasis added} Incidentally, these & related items were pulled from our own page 2 of FRONTRUNNERS® 3-page settlement 'offer' to ABIM, found here: Apparently, in addition to the statutory fines, it seems that it's actually a felony to be involved in these types of collusion.
THE RELATIONSHIP BETWEEN THE ABIM & ABIM FOUNDATION & THE SETUP FIRST things first: There are 2 bodies: the ABIM and the ABIM FOUNDATION. SECOND, we established earlier that: The [ABIM] Foundation is the sole voting member of ABIM. As such the two organizations share a common president, a common CFO, and a common senior vice president whose salaries are allocated between the ABIM and the Foundation..." {emphasis added}. (Find the new ABIM 990 disclosure statement for any revision to this.) This is important for physicians to understand (you didn't actually think YOU had a say in the matter, did you?? ...and for that matter, who do you think votes in the foundation members?) THIRD, from what we can see, the ABIM Foundation is just 14 foundation members (next) along with the President (Christine Cassel), Senior VP and CFO. The Senior VP is currently Eric Holmboe, and the current CFO is Vincent Mandes (previously Marc Feldman 2004-2009). FOURTH, the ABIM consists of just 2 things: it's Board of Directors (4 officers listed below plus directors) and its "Executives" (see 10 executives below) Here's who's who: With so many lawsuits on the horizon, none of this probably bodes well for ABIM's 14 Foundation trustees, conveniently found HERE, nor for its board of directors (equals officers and directors) whose 4 officers are, simply: Catherine R. Lucey, MD, Chair or may be conveniently found HERE, nor for the ABIM executives found HERE or:
Mr Cary Sennett had previously been the Senior VP from 2004-2008. You might think of these 3 classes of individuals as different parts of the same gangrenous T.O.E., where T = ABIM Foundation Trustees, O = ABIM's own board of director's 4 Officers, and E = ABIM's own Executives, which is poisoning the body of physicians at large. Chop here.
While there are many ways this could play out, FRONTRUNNERS® Board Review encourages other physicians who are presently seeking action against the ABIM for such damages to consider saving resources by pooling their resources &/or merging cases. Through numerous complex mechanisms (that all boil down to greed), it is FRONTRUNNERS® position that Internists everywhere unknowingly lost thousands of dollars each, indirectly, thru this unethical and illegal arrangement; ABIM's willful misconduct; ABIM's $30,000,000 / year income and ridiculous foundation members' salaries; the undisclosed nature of their business relationship, as most physicians STILL have no idea that when ABIM was exclusively endorsing ACP, it had a LOT to gain in return. and ABIM's flagrant violation of the antitrust laws, which are there to save the market and keep greedy corporations in check, ie from scheming with one another in the ways that we've discussed. We believe that, in ABIM's most recent blunder over the Arora scandel, ABIM acted both recklessly and negligently, in utter disregard physicians careers, essentially "shooting first and asking questions later" (which was exactly the same as their methods in their sham suit against FRONTRUNNERS®, where we estimated ABIM LOST 5-10 MILLION dollars suing FRONTRUNNERS over questions they ultimately failed to prove were copied from any exam). As for the recent or "New and independent act" (letters of reprimand charade), FRONTRUNNERS® believes that ABIM did so in an effort to artificially INDUCE an environment of "panic" among physicians who, they predicted, would be driven, away from the private board review companies with the higher pass rates, and more modern "this is what you have to know" board reviews, and into the belly of the beast, that is, ACP's competing line of products with which ABIM, no doubt, ultimately splits the booty. In closing, remember, a vote for FRONTRUNNERS® is a vote against the ABIM. Your order is your vote and, if you're unable or too busy to take up the fight, your order makes all the difference, shows your support, and of course is so genuinely appreciated. While registration deadline has past, all the 2012 materials (only better quality and a LOT cheaper) are now available thru our home-study packages (simply click the longer link below). And you'll get it months before anyone. You'll find all of FRONTRUNNERS® latest home study packages and generous-sized samples by checking out our Product Vault anytime. And, by the way, we doggedly protect the privacy of all our customers on numerous levels. That means, when you interact with us, your identity and your information are SECURE. Our purchase pages and order forms are SSL encrypted for your added peace of mind. We also maintain privacy policies. Remember to choose FRONTRUNNERS® first, "When all you wanna know is what you gotta know!"™ Thanks for your time and support.
1 The information contained herein largely represents our opinions and also our best efforts to update you on the real issues, and is not meant, by any means, to serve as legal advice, nor real-time legal updates. We provide it for these simple reasons: 1) we love educating you on the issues that truly underlie board certification and board recertification as relates to a) ABIM and ACP and b) our careers; 2) we enjoy keeping you up to date and informed; 3) we think you'll agree with us that information is ultimately power, the power to make a difference. The more information you have, the easier it is for you to assume that power; 4) to remind internists that you hold all the power, and that the difference between being in power and not is a combination of information, understanding, caring, and ultimately initiative; 5) way too many people think ABIM and their methods are just completely unethical and likely unethical in so many ways; 6) to remind physicians to keep interested, and that even a handful of physicians can change the field of medicine forever; and the most important one of all 7) to inspire physicians to come together.Bradley D Mittman, MD FRONTRUNNERS® BOARD REVIEW www.gofrontrunners.com/Internal-Medicine-Board-Review.htm 2 Also, from Wikipedia on 501(c) or tax-exempt organizations (found here: http://en.wikipedia.org/wiki/501%28c%29_organization): "The two exempt classifications of 501(c)(3) organizations are as follows:[15] A public charity, identified by the Internal Revenue Service (IRS) as "not a private foundation," normally receives a substantial part of its income, directly or indirectly, from the general public or from the government. The public support must be fairly broad, not limited to a few individuals or families. Public charities are defined in the Internal Revenue Code under sections 509(a)(1) through 509(a)(4). A private foundation, sometimes called a non-operating foundation, receives most of its income from investments and endowments. This income is used to make grants to other organizations, rather than being dispersed directly for charitable activities. Private foundations are defined in the Internal Revenue Code under section 509(a) as 501(c)(3) organizations, which do not qualify as public charities." Seems to me that, as ABIM and ABIM Foundation are tax-exempt, non-profit organizations, with the "Foundation" being defined as a supporting organization, then "private foundation" is an obvious choice. However, it also seems that "a substantial part of its income, directly or indirectly, from the general public" (since all of us contribute by way of registrations, etc), due to our "public charity", if you will. Given that, wouldn't there also be some fiduciary duty or accountability to all of its contributors? Something to think about. |