ABIM Stumbles in Appellate Court Arguments
The oral arguments in the appeal of the dismissal at the District Court level of the Kenney et al vs American Board of Internal Medicine (ABIM)  class action antitrust, RICO, and unjust enrichment case were heard before the 3rd Circuit Court of Appeals today and are available via audio file here. The following interchange starting at 32:58 in the audio file was interesting (I have added a few (Source: Dr. Wes)
Source: Dr. Wes - October 23, 2020 Category: Cardiology Authors: Westby G. Fisher, MD Tags: ABIM American Board of Internal Medicine Antitrust lawsuit Maintenance of Certification MOC Source Type: blogs

ABIM Stumbles in Appellate Court Testimony
The oral arguments in the appeal of the dismissal at the District Court level of the Kenney et al vs American Board of Internal Medicine (ABIM)  class action antitrust, RICO, and unjust enrichment case were heard before the 3rd Circuit Court of Appeals today and are available via audio file here. The following interchange starting at 32:58 in the audio file was interesting (I have added a few (Source: Dr. Wes)
Source: Dr. Wes - October 23, 2020 Category: Cardiology Authors: Westby G. Fisher, MD Tags: ABIM American Board of Internal Medicine Antitrust lawsuit Maintenance of Certification MOC Source Type: blogs

Searching for Monopolies
Julian SanchezThe Justice Department announced Tuesday that itwas launching an antitrust lawsuit against Google alleging that the search giant ’s deals with browser and operating system developers to make Google a default search engine amounted to anticompetitive behavior. The suit bears all the hallmarks of a political stunt —an unnecessary government intervention in the online search market that has little chance of yielding any meaningful benefit to consumers.Oddly, the suit does not target Google ’s dominance in the online advertising space, which hasoften been the focus of critics, but Internet se...
Source: Cato-at-liberty - October 21, 2020 Category: American Health Authors: Julian Sanchez Source Type: blogs

#Healthin2Point00, Episode 160 | Lawsuits galore, and a faux IPO
The thing to do in health tech this week? Trademark infringement. Today on Health in 2 Point 00, we try to make sense of all the lawsuits right now with Teladoc suing Amwell, Allscripts suing CarePortMD, and whose side are we on for Zocdoc suing Zocdoc? On Episode 160, Jess asks me to make sense of Augmedix’s faux IPO in a reverse merger and publicly traded company Newtopia arising $75 million. Twentyeight Health raises $5.1 million in a Series C and TestCard raises $5.8 million for at-home mobile urine testing. —Matthew Holt (Source: The Health Care Blog)
Source: The Health Care Blog - October 20, 2020 Category: Consumer Health News Authors: Christina Liu Tags: Health in 2 Point 00 Health Tech Jessica DaMassa Matthew Holt AmWell Augmedix CarePortMD Teladoc Testcard Twentyeight Health Zocdoc Source Type: blogs

The Important Week Ahead
This Friday, 23 October 2020, oral arguments will be heard before the Third Circuit Court of Appeals regarding Kenney et al vs. the American Board of Internal Medicine (ABIM) class-action antitrust, racketeering, and unjust enrichment lawsuit (Case 20-1007). Some eyes of US physicians and all the eyes of the US certification industry will be on these arguments, even though the oral arguments are, (Source: Dr. Wes)
Source: Dr. Wes - October 20, 2020 Category: Cardiology Authors: Westby G. Fisher, MD Source Type: blogs

You Shouldn ’t Get Sued for Petitioning the Government
Ilya Shapiro andMichael CollinsIt is the right of all citizens to petition the government without fear of punishment or retaliation. This is not only an essential individual right, but often necessary for the government to remain informed and make better decisions. Yet, when Maggie Hurchalla reached out to her county commissioners about a development plan and expressed her environmental concerns about the project, she was hit with a lawsuit.Ms. Hurchalla is an environmental activist in Florida. She heard that the Lake Point development project may not be meeting environmental standards and emailed the county comm...
Source: Cato-at-liberty - October 11, 2020 Category: American Health Authors: Ilya Shapiro, Michael Collins Source Type: blogs

Blatant Misrepresentations of Qualified Immunity by Law Enforcement
In conclusion, a troubling proportion of the statements that the law enforcement lobby makes in support of qualified immunity are not just misguided or misleading, but outright false. Whether these misrepresentations are the product of bad faith or genuine ignorance, they show that the law enforcement lobby isn ’t a reliable source of information on qualified immunity. As members of Congress and state legislatures continue to debate policing reform, they ought to be highly skeptical of any such sources. (Source: Cato-at-liberty)
Source: Cato-at-liberty - October 6, 2020 Category: American Health Authors: Jay Schweikert Source Type: blogs

Five Problems with Democrats ’ “Preexisting Conditions” Strategy
Michael F. CannonDemocrats think preexisting conditions will once again carry them to electoral victory. Despite their own liabilities and callousness on the issue, they ’re probably right.In 2018, Democrats accused Republicans of wanting to deny health care to the sick. Exhibit A, they said, was the GOP ’s attempt to repeal ObamaCare’s popular preexisting‐​conditions provisions. The accusation worked. Democratsflipped a  net 41 House seats to take control of the chamber. Conventional wisdom considers the outcome to be proof that ObamaCare is (finally) popular with voters.In 2020, Democrats are deploying the sam...
Source: Cato-at-liberty - September 29, 2020 Category: American Health Authors: Michael F. Cannon Source Type: blogs

With MOC, Will Working Physicians Ever Get Their Day in Court?
For the past seven years, the American Board of Medical Specialties (ABMS) member boards have been under fire regarding their trademarked Maintenance of Certification ® (MOC) program that shifted lifetime ABMS board certification to a time-limited US physician credential in 1990. Physicians have long argued that before 1990, board certification was an independent and generally-accepted assessment (Source: Dr. Wes)
Source: Dr. Wes - September 29, 2020 Category: Cardiology Authors: Westby G. Fisher, MD Tags: AAPS American Board of Psychiatry and Neurology anti-trust lawsuit legal Maintenance of Certification MOC Source Type: blogs

Hospitals Must Give Up Power to Save Healthcare
By KEN TERRY (This is the sixth in a series of excerpts from Terry’s new book, Physician-Led Healthcare Reform: a New Approach to Medicare for All, published by the American Association for Physician Leadership.) As hospital systems become larger and employ more physicians, healthcare prices will continue to rise and independent doctors will find it harder to remain independent. Hospitals will never fully embrace value-based care as long as it threatens their primary business model, which is to fill beds and generate outpatient revenues. To create a viable, sustainable healthcare system, the market power of hospita...
Source: The Health Care Blog - September 16, 2020 Category: Consumer Health News Authors: Christina Liu Tags: Health Policy Costs healthcare reform Hospitals Ken Terry Source Type: blogs

More Lawsuits for End of Life Unwanted Medical Treatment
As I described in a series of articles, plaintiffs have been filing more lawsuits when hospitals administer treatment contrary to advance directives and other expressed instructions & wishes. And many of these cases are being resolved in their favo... (Source: blog.bioethics.net)
Source: blog.bioethics.net - September 15, 2020 Category: Medical Ethics Authors: Thaddeus Mason Pope, JD, PhD Tags: Health Care syndicated Source Type: blogs

The Latest Roundup of ABMS Antitrust Lawsuits
Since December 2018, a rash of antitrust lawsuits have been filed against the American Board of Medical Specialties (ABMS) and their member boards. While it might seem that little has transpired since then since there are rarely press releases about the court dealings underway, I thought it would be helpful to bring my physician colleagues up to date on the current status of the many lawsuits in (Source: Dr. Wes)
Source: Dr. Wes - September 12, 2020 Category: Cardiology Authors: Westby G. Fisher, MD Source Type: blogs