Thursday, October 08, 2015

Every 10-year ABIM MOC Exam On It's Way Out? Careful What You Wish For

According to MedScape:
The American Board of Internal Medicine (ABIM) has announced that it will consider replacing its 10-year maintenance of certification (MOC) exam with shorter, more frequent testing that physicians could take home or in the office.

The proposal to eliminate the 10-year examination is one of several recommendations issued today by ABIM's "Assessment 2020 Task Force," convened in 2013 to improve its controversial MOC progam for internal medicine (IM) physicians and IM subspecialists. ABIM released the task force report less than a week after the American Board of Anesthesiology (ABA) announced that it would replace its 10-year MOC exam with continuous online testing next year.

"The results of the smaller, more frequent lower-stakes assessments would provide insight into performance and accumulate in a high-stakes pass/fail decision," the task force said in its report. "A failure at this point may necessitate taking a longer exam or another form of assessment in order to maintain certification."
Let's think about this a moment.

ABIM's Task Force 2020 wants to replace MOC with MORE testing, more often, and still reserve the right to force a physician to take a "longer exam or another form of assessment in order to maintain certification?"

This isn't better, it's worse. Much worse. Instead of every 10-years, it will be daily or weekly MOC-minutes!

More MOC distraction pushing physicians away from their patients and toward even more computer time.

What are these "Task Force 2020" members smoking?

Of course the money can't be denied. Pharmaceutical companies are licking their chops. Think how many MOC® questions we'll soon have to answer on novel oral anticoagulant use instead of that old, cheap, outdated warfarin! Pushed to our iPhones, these new MOC-minute® questions are sure to turn your head away from patient care toward an easy payment plan! I wouldn't be surprised that thanks to the ABMS stumping for Big Tobacco in the sixties, we'll all be answering questions on the praises of e-cigarettes and pharmaceutical aids for smoking cessation, too!

It's truly fascinating to watch these attempts at social engineering of practicing physicians by the ABIM. But the ABIM has already tried voluntary re-certification and knows it failed miserably. They had to make it mandatory by veiled threats over what the loss of Board certification might mean or no one would pay into their scheme.

Want proof that the ABIM isn't serious about ending their MOC® exam?  Read the contract physicians must sign before entering into the ABIM MOC® program. Read about "trade secrets" and "federal Copyright Act, 17 U.S.C. § 101, et seq." and "forensic techniques" they use to protect their products. And let's not forget that "disclosure or any other use of ABIM examination content constitutes professional misconduct and may expose me to criminal as well as civil liability, and may also result in ABIM's imposition of penalties against me, including but not limited to, invalidation of examination results, exclusion from future examinations, suspension, revocation of certification, and other sanctions."

These guys and gals of the ABIM mean, er, BUSINESS!

All this for a costly and completely unproven metric foisted on physicians to assure the ABIM's cash flow.

MOC® isn't about physician education or patient welfare, it's about intimidation, $2.3 million condominiums, $1.7 million golden parachutes, and secret transfers of millions upon millions of physician testing fee dollars to the ABIM Foundation in the name of "social justice."

It's about an organization that has allowed itself to sink $47 million in the hole (Fiscal Year 2014 Form 990 line 22) and balances its financials on a whopping $94 million in deferred revenue (Form 990 Page 11 of the pdf, Form X, line 19).  

That $94 million will be coming from somewhere (can you say "ACA?") and since the ABIM gets 98% of is fees from practicing physicians, you can bet your last silver dollar that these totally  unproven MOC® programs will be paid for by practicing physicians, one MOC® exam or MOC-minute® at a time.

And the ABIM is SERIOUS. Recently, despite all that has been uncovered about the ABIM, they continue to sue doctors over their intellectual property, just as before, this time in Puerto Rico (case 3:15-cv-01016). Oh, golly, what's a few more million dollars in legal fees to protect your income stream, right?

If you believe there will be no MOC® exam of any type, ever, and given the honesty and integrity the ABIM has demonstrated over its finances over the past 30 years, I've got some ocean-front property in Arizona I'd like to sell you.

-Wes

9 Oct 2015 06:00AM Link to ABIM's Puerto Rico case fixed.



32 comments:

Blog Administrator said...

Love this!

ABIM President Christine Cassel, MD, told Courthouse News it has "spent millions of dollars defending the integrity of the ABIM examination process."

What a joke! I think she got integrity and MOC revenue streams confused!

Anonymous said...

So insatiable is this vampire's lust for our money that it has seized the opportunity afforded by our discontent and created a fistula over the fang marks.





















james gaulte said...

Yeah, the committee of foxes has devised another fool proof plan for hen house protection.

Buyer Beware. Subject to Change at any Time. said...


Assessment 2020 Task Force egregious conflicts of interest should have been disclosed.

Naomi O'Grady, while serving in her official capacity at the ABIM on what is known as "the Panel" is currently in litigation regarding the persecution of a young physician who attended an ABR course in 2009.

O'Grady is being sued by the physician for breach of ABIM policy and disregard of legal facts in the case. The ABIM has been accused of ignoring or withholding exculpatory evidence in a time-barred case, with no jurisdiction--which Lynn Langdon initiated about three years ago.

In our assessment this is malicious vengeance resulting from Ms. Langdon's sheer frustration and guilt for squandering so much of the ABIM's legal fund, which spilled over into operations. Langdon was COO last time I checked and has quite a bit of lead in many of the operations. I believe she should be put on notice.

Why should O'Grady step down and recuse herself?

O'Grady is in litigation for God's sake. Why did ABIM not inform us of this egregious conflict.

By not expressing any dissent while on "the Panel", the 2020 chair is clearly in the wrong from what we can readily tell from the legal documents and exhibits. Why did Naomi not sound the alarm or advise Rich Baron or Ms. Langdon to leave well enough alone. Therefore O'Grady has become complicit in opening up yet another can of bad legal worms for the ABIM. Another public image nightmare!

O'Grady, has shown that her objectivity and rational judgment is not in keeping with the responsibilities and obligations she has pledged to fulfill serving the ABIM and its Foundation. Nor does her complicity in persecuting yet another young phycians who was sent and compensated by his residency program to attend ABR.

ABR was accredited by the ACCME and recommended by the ABIM and ACGME. It came with a gold rank like the ABIM and money back guarantee. The ABR physician was highly respected and liked.

In sum, all this demonstrates that O'Grady cannot possibly be free of emotion and subjective responses. She cannot do her job representing physicians on Assessment 2020, while she is being sued by a physician. Naomi may or may not have been part of the physician persecutions, but the connection and association with the past misjudgments and harms inflicted on so many physicians will make her ineffectual, tarnish ABIM's image further, and will not muster confidence from the public.

The ABIM snap judgment, public defamation, bullying, and quickness to litigate has harmed more than just this current young man. There have been thousands.

What else is the ABIM totally subjective about that has obfuscated reality for them? Has anyone told them that they lost nearly a million dollars persecuting and demoralizing Sarah von Muller. Is that known? Where is the fiduciary duty!

This case is bound for trial and under the circumstances Naomi O'Grady is not an objective party and must recuse herself from any committee, which will affect the ABIM's welfare or affect rank and file physicians to their detriment by being allowed to remain on Assessment 2020.

I would like to ask for full disclosure of all of the parties involved in this sick game of retribution against, from what I can tell, an exemplary physician.

I have read the court documents and can clearly state that Lynn Langdon is not the right person to be advising Rich Baron. Lynn deserves her money, but Langdon needs to be placed in another position where she can not harm the ABIM or the clients it serves.

Over-reach? No it is worse. Langdon is overstepping her job description in a display of personal animosity and frustration that I cannot put into words; and the clouded judgment of Ms. Langdon sheds a great deal of light on the past.

I have tried to reach Richard Baron to discuss this matter, but it is impossible to reach him. I would like a statement and full disclosure about this from the ABIM on their website.

2700 Club said...

Dear Ms. Christine Cassel:

cc Baron, Langdon, Holmboe

Request to remove all letters of concern dated 00/00/0000:

We did not witness any irregular behavior during, before or after our ABIM exam, which we sat for on 00/00/0000.

We have been totally unaware of any activity that could be deemed suspicious, and have had no prior knowledge of any investigation into questionable behavior as ABIM describes, until we received this written communication and subsequently looked at the pertinent news announcements on the ABIM website.

We can state with absolute certainty we have never compromised the integrity of the ABIM examination process, nor would it ever be in our interest to do so. Moreover, we refrain from sharing scores.

Professionalism and ethical conduct should be core principles at the heart of every physician’s practice and life. I believe this is the case today and will remain so in the future.

I believe my statements have adequately expressed my firm opposition to “test cheating” or so-called “brain dumping” in any form.

My response, as instructed by ABIM personnel, should satisfy removal of the letter of concern from my file.

Sincerely,

John/Jane Doe, MD
ABIM # XXXXXX

PS
Dr. Cassel,
I am a retired reporter from a time when there was a great deal of integrity in journalism.

Why were physicians not warned of ABR twenty years ago? Some of the letters or reprimands go back twenty years. Why did you calculate your plan to persecute physicians at that point in time--2009? Please explain to the public and the president of the United States.

What right did you have to break into citizens homes and destroy civil liberties, faith in you, the government, the judicial system, and the ABIM by creating what appears to have been a police action against your client base.

You call yourself a democrat, but where is your democratic process. How many board members were appraised of your plans to attack and ruin so many?

Intimate, bully, and coerce the rest. Why? This should be of personal and national interest. Let's bring it out into the open. Were you mostly a highly paid lobbyist during your excruciatingly long tenure at the ABIM. ABIM admits you were not vetted and that you were paid just for the position and not the work that was required of serving our clients and the public. You are a fraud in the full sense of the word.

You used a well calculated clever plan of attack not unlike what our professional government officials are capable of. Where were you trained for such destabilizing and divisive operations? We would like to know, please.

First you demonized an old man at ABR who served you for years. You were ready to attack in advance using reporters with the NY Times and other MSM media sources. Who has the power for that! You mustered all the medical publications and opinion writers. You had the judicial system armed and ready to go. How?

In honor of Senator Teddy Kennedy and with thanks to Chuck Grassley said...

Putting Physicians to the Question. The Test of Political Will

As a reporter, I would like to know how an Iowa-based not-for-profit test company had ammunition and manpower in PA to wage such a major offensive on physicians who's main efforts, concern and activity was serving you, Dr. Cassel, and the ABIM's good reputation.

Did any think of you as ethical or like a mother. I shudder at the thought. I cringe from your hypocrisy.

You utilized a Federal Judge and attorneys associated with the governor of the state of PA. Federal marshals were ready to batter the doors down of a gentle and vulnerable old man who believed he served the ABIM helping candidates and diplomates pass your tests. You threatened him, intimidated him into submission. I believe you understood your targets well and how to destroy them.

But it backfired. The plan only generated loathing at the McCarthy era tactics of tribunals and you went way too far. Any sane observer could see you went mad. Your judgment was clouded by power and political agenda. You have never really seen any of the clients as human beings. Only objects of control and a means to an end. Plus the big money it takes to live that large life. You just could not control yourself. That was your downfall. Conflicts of interest, recklessness and negligence too glaring to ignore.

Regarding the continued persecution of physicians and draining of their bank accounts for Cassel and company's outlandishly selfish and insane political desires:

Dr. Cassel, as an advisor to the president of the United States, which I am sure you have advised him many times on healthcare and ACA, you should have known better as to be so obvious as to show such lethal force to physicians, especially as such vulnerable people to your outward control, who believed they were studying materials that you approved yourself. The ABIM stamp of approval. Where have I seen this kind of activity. In carrying out foreign policy? (Yes your actions are foreign to me.) In sting operations where you place your spies, yet at the same time instigating the violations. I ask again, who and what are you, Ms Cassel?

This was devious on your part. To approve of materials and board review courses, which you may have secretly been plotting to overthrow for years. How would we know without a confession or a complete federal investigation. I believe personally, Dr. Cassel, you may have severely crippled the United States health care system and gave very poor advice to our president. Any visit back to town hall meetings, which I attended or watched will show how ill-informed our good president was for your foreign policy on health reform.

I am a democrat, by the way. And how dare you ever call yourself by that name again. I am in the tradition of FDR, JFK, MLK, Bobby and Ted. I believe you are an imposter. You know very little about the treatment of patients and have made an utter mess of the way health is delivered in the United States.

Saddest moment in my life when Bobby Kennedy said his last words. Now it's on to Chicago. He was shot to death before he had a chance to clean up the graft you represent in this country, Dr. Cassel. Get behind me, Cassel and get out of the White House forever. You have ruined our country enough.

This is not what Teddy had in mind! This is something else. You are something else.

I'll leave it for informed citizens/patients/physicians to sue you for the controversial and lethal Choosing Wisely campaign that "sweeps" the nation.

No sane physician can trust you, the ABIM or this ABIM Foundation propaganda campaign.

Anonymous said...

" Langdon is overstepping her job description in a display of personal animosity and frustration that I cannot put into words; and the clouded judgment of Ms. Langdon sheds a great deal of light on the past."

Lynn Langdon... the ABIM "HIT-MAN".

Gee, I hope she's proud of herself.

You can leave a path of destruction , Ms. Langdon, but I doubt you can run from the truth.

Anonymous said...

Cassel-Gate. What a classic performance, Christine. Who else was plotting, listening, working behind the scenes?

The ABIM Plumbers? Who were they?

Langdon, Holmboe, Baron?

Who else?

It's a good thing we have the 990 tax filings to peruse for names.

Anonymous said...

Dear Dr. Wes:

As part of the Affordable Care Act, websites discussing ABIM and MOC must be certified. All websites not in compliance with our newly formed ad hoc committee requirements must submit to the quality inspector general for mandatory training. All stakeholders will be represented as approved by the transparent selection process.

Please submit your application along with the $2500 fee. In the meantime, all further posts demeaning to the ABIM must be curtailed. Furthermore, please turnover all information of the commenters so they can also be re-educated. Once your application has been deemed suitable to standards codified in the ACA, the secretary will respond as outlined in section 7 according to regulation 9.

Sincerely,

Very Rich Baron

Alicia said...

Rich Baron,

Should I read this out loud - hand outstretched or over my heart?

I tried it both ways, but ran out of breath.

Maybe if I memorize it.

It's only one sentence,
but it's growing longer all the time -

"subject to change at any time."

Oh my!

Wes, help I'm going down the $$$ rabbit hole!

ABIM testing policies don't all fit on the page...help...

**********
$$$$$$$$
******
$$$$
**

"I agree to indemnify, release, and hold harmless ABIM, its employees, officers, directors, members, agents, and those furnishing information about me to ABIM from any claims, liability, or damage by reason of any of their acts or omissions, done in good faith, in connection with: this application; information furnished to or by ABIM; the evaluation of my qualifications; ABIM examinations; the enforcement of ABIM's Policies and Procedures for Certification, and the policies for recertification outlined on ABIM's website, as well as all terms, conditions, and rules set forth in this website, as they may be amended from time to time; and any other action taken with respect to any certification or recertification granted by ABIM.

I understand that all ABIM materials are protected by the federal Copyright Act, 17 U.S.C. § 101, et seq. I further understand that ABIM examinations are trade secrets and are the property of ABIM. Access to all such materials, as further detailed below, is strictly conditioned upon agreement to abide by ABIM's rights under the Copyright Act and to maintain examination confidentiality.

I understand that ABIM examinations are confidential, in addition to being protected by federal copyright and trade secret laws. I agree that I will not copy, reproduce, adapt, disclose, solicit, use, review, consult or transmit ABIM examinations, in whole or in part, before or after taking my examination, by any means now known or hereafter invented. I further agree that I will not reconstruct examination content from memory, by dictation, or by any other means or otherwise discuss examination content with others. I further acknowledge that disclosure or any other use of ABIM examination content constitutes professional misconduct and may expose me to criminal as well as civil liability, and may also result in ABIM's imposition of penalties against me, including but not limited to, invalidation of examination results, exclusion from future examinations, suspension, revocation of certification, and other sanctions.

With respect to ABIM's Medical Knowledge Modules and ABIM PIMs Practice Improvement Modules®, I agree that I will not copy, reproduce or make any adaptations of such materials in any manner; and will not assist someone else in the infringement or misuse of these ABIM-copyrighted works.

I understand that ABIM utilizes data forensic techniques that use statistical analyses of test-response data to identify patterns of test fraud, including cheating and piracy."

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

I'm feeling strangely small in this ABMS underworld.

And so powerless to get back home.

I wonder if these things are safe to eat?

Synth 3 said...

Twelve-Step Plan for Specialty Boards to Reform. Getting Started.
Being More Relevant and Up-to-date. Reducing Costs Significantly.

ABMS and ABIM

1. End MOC completely.

2. Return to lifetime certification. Or name certification something entirely new and neutral.

3. Embrace ABPS, AAPS and explore creating similar new boards to inspire shared learning and innovation; ABMS should help fund these new specialty boards.

4. Cut costs by becoming voluntary organizations. Historically, the most responsive, relevant and up-to-date specialty boards have been the ones with the lowest costs. Traditionally such specialty boards have been voluntary non-profit organizations.

5. Reduction in operational costs equals an increase in quality. There is an inverse ratio of quality to cost. (Confer Medicare studies and histories of early specialty boards.) This time-proven model only works operating in the spirit of true charity.)

6. Create online CME programs that are, not just attractive, but something one can be proud of that are relevant, current and free.

7. Make the organizations democratic and open. No high stakes tests. Focus on enjoyable assistive programs that enhance learning capacities not just content. Include recreational retreats with themes of wellness and renewing. Study programs for mind, body and spirit to prevent burnout and increase awareness of self and shared (sharing)values of what it is or what it means to be a medical community.

8. Focus on providing support for preventive medicine and healthy lifestyle campaigns.

9. Strive to make America as tobacco (and alcohol) free as possible. (Excessive alcohol.) Marijuana use must be studied objectively and not just by social innovators that "believe" it does little harm. Common sense, observation, experience and wisdom tell us that it is not without harm and unique side effects.

10. Encourage exercise and healthy diets to reduce obesity and related illnesses in America.

11. Work to keep evidence-based medicine and everything else free of any conflicts of interest.

12. Fund and grant new powers to a democratically elected surgeon general, who can troubleshoot problems in healthcare systems and delivery, especially those problems which prevent access to providers and inhibit complete care. Give the ability to motivate companies to recall bad products and provide technology that works intuitively and speeds up document generation(EHR). Efficient error-free speech recognition programs linked to digital record creation. Seamless chart and lab generation and inclusion. Surgeon General can be given the power to appoint people and common people to adjudicate, mediate in medical, health related conflicts.

If America put men on the moon in a few years, or plans on going to Mars we can certainly do this successively and even more. We may have to relinquish some ingrained habits and problematic attitudes.

Subject to real change, innovation and improvement at any time. These are just thoughts not stone tablets.

Anonymous said...

The ABIM continues to live rent-free inside the heads of American internists. Like those suffering from Stockholm Syndrome, though we sense something is wrong, most of us still identify with our captor. Even the NBPAS can't quite let go- it still requires initial ABIM certification.

Our captor fits the typical profile of a hostage taker:
Tends to lack empathy
Cold, cynical, and arrogant
Charming, well groomed, and articulate
Impulsive
Irresponsible and exploitative in personal relationships

We have lived so long in this hostage situation that it is hard to imagine a world without the ABIM.

Anonymous said...

American Board of Internal Medicine v. Salas-Rutherford
Court Puerto Rico District Court
Judge Jay A Garcia-Gregory
Nature of Suit 820 Property Rights - Copyrights
Cause 28:1338 Copyright Infringement
Case # 3:15-cv-01016
Filed Jan 11, 2015
Terminated Oct 05, 2015
Docket
Parties

last updated: Saturday Oct 10, 2015 12:25 AM AST
Monday, October 05, 2015
55 JUDGMENT. Case dismissed WITHOUT PREJUDICE. Signed by Judge Jay A. Garcia-Gregory on 10/5/2015. (MAC)
Monday, September 28, 2015
53 ORDER noted49 Motion for Joinder. Signed by Judge Jay A. Garcia-Gregory on 9/28/2015. (MAC)
52 ORDER granting50 Motion for Leave to File. Signed by Judge Jay A. Garcia-Gregory on 9/28/2015. (MAC)

Anonymous said...

What Does the Real Fox Say? Toward an ABIM-Free World

Make Fluffy Fox Work At Least One Day Per Week to Maintain Licensure and Certification.

The only reason left to keep the ABIM doors open is for the most egregious offenders: the professional medical bureaucrats who continue to cheat and break the rules.

But how do you catch a tricky offender fox? Here's how. You lure them.

NEW YORK TIMES FULL PAGE AD.

ABMS Top executive position available.
Must have lobbying/political experience,
even though you will not be a lobbyist/politician at all.
This lobbying/political experience is required
so you will be able to recognize what you should not be doing
on the job according to IRS rules.

WANTED

An ABIM/NQF experienced officer. 35 hour work week for a humanitarian non-profit executive with oodles of experience. Looking for a terrific politically-charged lobbyist-type person. But no political activism or lobbying will be listed on 990 forms. We have a strict confidentiality agreement. No vetting only ego-petting.

Must be willing to make up to a million $ per annum plus be in a position to receive deferred compensation! Purchasing real estate as an investment vehicle is a plus. If you have ever created big piggy banks for non-profit organizations you are and ideal candidate regardless of other human skills and political experience.

Must have unemployed husband for spontaneous caretaking of penthouse properties upon occasion. Will pay travel and entertainment expenses for caretaking.
No squatting for more than six-months in any given tax year.

Fluffy-nose said: "This is ideal and will not conflict with my 'other' day-job at all. It sounds like the perfect non-lobbying job for me. And hubby fox will love the travel perks."

Rank-n-file physician said: "Make that lobbyist-physician with the feathery nose the designated PC/Geriatrician to all her henhouse cronies.
Make clinical work mandatory to maintain licensure and make it tied to certification as well."

Let them all eat Metamucil cake with Mary Jane tea!

Assessment 2020 Announcement. "After careful deliberation...
Recertification should only be applied to the most egregious offenders. Reserved for those who are most deserving of their own "eat bran" attitude and punishment."

Rank-n-file doc said: "And make the professional medical bureaucrats like Ms. Fluffy-Nose pay for it through the nose."

ctSentinel said...

San Juan Courthouse News 10/10/15

Salas-Rushford, first responder to the Haiti earthquake crisis, versus the ABIM's Ugly War Chest and Legal Might of Ballard-Spahr.

David versus Goliath will go back to New Jersey. Dismissed in Puerto Rico.

Reason: Duplicative. Automatic "earlier forum" ruling.

Explanation for the move back to New Jersey Federal Court:

ABIM's Puerto Rico filing was a duplicative case dismissed (10/10/15)due to a prior filing in New Jersey several months before.

Salas-Rushford claimed jurisdiction should be Puerto Rico, but the San Juan judge sent the case back to the New Jersey judge for due to the technical ruling of prior filing, which takes precedent.

ABIM's Puerto Rican suit was defensive in nature filed just in case the New Jersey Judge ruled that there was no jurisdiction and that the case was indeed time-barred, i.e., statue of limitations on alleged communicating with study partners was beyond the legal time threshold.

The Legal Journal 10/10/15

Salas-Rushford's counterclaim suing ABIM, and third party defendants Christine Cassel, Lynn Langdon, Rich Baron, Eric Holmboe, David Cole, Naomi O'Grady and others involved in damaging him professionally and personally will remain in place. The content of the case remains virtually the same.
Salas-Rushford will sue the ABIM, three insurers, John Doe & Jane Roe and the above named third parties.

New Jersey Testimonial Times 10/11/15

They’re moving it back to New Jersey, for God’s sake.

Salas-Rushford, first responder to the Haiti earthquake crisis, versus the ABIM's ugly war chest and legal might of the unprincipled ubiquitous Ballard-Spahr:

The battle of David versus Goliath will go back to New Jersey. Dismissed in Puerto Rico.

Reason: Duplicative. Automatic “earlier forum” ruling.

Explanation for the move back to New Jersey Federal Court:

ABIM's Puerto Rico filing was a duplicative case dismissed (10/10/15). Due to a prior filing in New Jersey, the case goes back to New Jersey where the ABIM claims that Salas-Rushford exercised his first amendments rights from Puerto Rican soil allegedly communicating with study partners in New Jersey electronically.

Yes, you guessed it. The pledge one is coerced to sign. The fleeting electronic document that once signed you can never retrieve.

Yes, you have to report irregular behavior and know all the policies involved in taking their test — subject to change at any time — was allegedly violated, so ABIM claims.


ccndpt said...

Dr. Cole

I read the New Jersey Judges opinion on the ABIM vs Salas-Rushford case. It is troublesome, because the San Juan court documents, and even the ABIM exhibits - Langdon's harsh letter and letter from "the Panel" - contradict the New Jersey judge's opinion paper. His timeline is grossly inaccurate. Before is now after?

Ms. Langdon's blatant snap-judgments have created another legal mess for the ABIM attorneys Ballard-Spahr to make a great deal of money from. At the expense of physicians who will pay higher annual premiums.

ABIM's "the Panel" was comprised of three ABIM members. The Panel was led by the ABIM's current secretary.

In the name of fairness. Dr. Cole would be advised to correct the New Jersey judges opinion page. Check San Juan filings and ABIM "the Panel" documents to bring the NJ judge.

Question for Dr. Cole of the ABIM Assessment 2020. Are you currently active in Assessment 2020?

Please respond on your ABIM website or on this forum.

I would like to know if there are any other ABIM members other than you that were part of the Panel that has violated the rights of Salas-Rushford.

If you are still a part of the Assessment 2020 Task Force. Please seek a replacement for yourself. I consider this participation to be an undisclosed conflict of interest to the clients you are supposed to serve not threaten and persecute.

I am deeply disappointed in the ABIM for failure to follow the simple rule of decency toward people. I cannot fathom it.

Anonymous said...


The Internet is amazing....the things you learn.

Like...the ABIM loves to make peoples lives miserable.

https://www.rfcexpress.com/lawsuits/copyright-lawsuits/puerto-rico-district-court/946537/american-board-of-internal-medicine-v-jaime-salas-rutherford/related-cases/


---------------------------------------------------------------------------------
American Board of Internal Medicine v. Frontrunners et al

Copyright Infringement – California Central District Court Filed: 8/15/2008
-----------------------------------------------------------------------------------

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American Board of Internal Medicine v. Monica Mukherjee

Copyright Infringement – Pennsylvania Eastern District Court Filed: 6/4/2010
--------------------------------------------------------------------------------

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American Board of Internal Medicine v. Pedram Salehi

Copyright Infringement – Pennsylvania Eastern District Court Filed: 6/4/2010
----------------------------------------------------------------------------------

------------------------------------------------------------------------------
American Board of Internal Medicine v. Anastassia Todor

Copyright Infringement – Pennsylvania Eastern District Court Filed: 6/4/2010
---------------------------------------------------------------------------------

----------------------------------------------------------------------------------
American Board of Internal Medicine v. Frederick ONi, M.D.

Copyright Infringement – Pennsylvania Eastern District Court Filed: 6/4/2010
------------------------------------------------------------------------------------

----------------------------------------------------------------------------------
American Board of Internal Medicine v. Von Sarah Muller, M.D.

Copyright Infringement – Pennsylvania Eastern District Court Filed: 6/4/2010
----------------------------------------------------------------------------------

---------------------------------------------------------------------------------
American Board of Internal Medicine v. Jamie Salas Rushford, M.D.

Copyright Infringement – New Jersey District Court
-------------------------------------------------------------------------------

cltbrkr said...

Dr. Fisher,
I investigated over a dozen cults in my life. Serious ones where it is very difficult to leave. Parents or friends have to intercede.

Frightening really how we can be manipulated and controlled. I got too involved in the story and ended up rescuing people - young people.

The ABIM is appearing more and more to me like a cult, but without a leader and surprisingly without believers - only followers.

Can anyone in this forum tell me what the force is that keeps physicians from leaving?

I think the lawsuits posted above answers this question in part and gets at the heart of it.

There are investigators for these kinds of cults to help people escape, and counseling, but this just mystifies me who to call for this for help...

...it is on such a massive scale!

Paul Drake said...

Patently Deceptive, Controlling and Greedy

And it is not without merit to mention that the ABIM Foundation completed its (illegal?) transfer of money in 2008 around the same time. What was it all about really? There's so much more to it than restraint of trade and malicious COO's and vicious CEO's.

If there is one consistent thing in the whole ABIM scandal/investigation it is their timing. A judge would deem this conscious and deliberate.

Starting with the late eighties: Kroll's graph of the Foundation's financial growth fits this timeline and is revealing.

1.MOC
2.Money
3.Foundation
4.Transfers
5.Completion of transfers
6.Copyright and trade wars
7.Change in payment (pay upon demand) and MOC requirements
8.Lobbying to make policy law
9.Dissent
10. New vicious legal distraction/vindication using a vulnerable physician from Puerto Rico using him and his life as though he were just a political pawn
11. What happened to America in the meantime?!
12. What did we miss?

I will share one more piece in the puzzle which corroborate your suspicions and evidence that the ABIM Foundation was a deliberate, consciously designed scheme - the executives and CFO keeping everyone in the dark.

Consider the patents on their trademarks. They have always been proud of their trademarks. You can link to them below. Enter American Board of Internal Medicine
http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4806:k0wq6z.1.1

The patent for the ABIM Foundation was only unveiled in 2008. (filed in 2006 and tested for opposition in 2007. It is a two year cycle.)

Here's the proof they wanted the Foundation kept a secret even though they created it in 1989. Why so many years to be proud of it. Only deception and greed. The answer lies with 1848 Investment Advisors and the ABIM officers who planned to keep it that way - secret money and secret speculative equity trades.

77058185
Filing Date December 6, 2006
Current Basis 1A
Original Filing Basis 1B
Published for Opposition November 27, 2007
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 3415154
Registration Date April 22, 2008
Owner (REGISTRANT) ABIM Foundation NON-PROFIT CORPORATION PENNSYLVANIA Suite 1700 510 Walnut Street Philadelphia PENNSYLVANIA 191063699
Attorney of Record Sharon H. Schick

http://tess2.uspto.gov/bin/showfield?f=doc&state=4809:26lpvq.2.5

This is in keeping with your theory that the public, the taxpayer and physicians were defrauded by the ABIM.

Anonymous said...

Concerning ABIM versus Salas-Rushford versus the ABIM:

The ABIM is on thin legal ice in presenting its copyright case in court. Any IRS audit or DOJ probe, or even a letter of concern from legislators, reporters, bloggers, should go far to catch the ABIM in creating false testimony.

Let me ask you this. Can Lynn Langdon's words be trusted? I think not. I have read her statements. She accused Dr. Salas Rushford of hiding his identity with a pseudonym, which actually was his real name. Her statement was totally false.

I think the organization will open itself up for an onslaught of questions about its own veracity in presenting itself to the IRS and Wes Fisher's claim of the 4 deceptions.

PaulH@madashell.org said...

A Bill of Rights for Healthcare Consumers?

"Now For the Rest of the Story"...

''Legislation is not the way to practice medicine. These decisions ought to be made by doctors and patients, not by Congress. When Congress prescribes the practice of medicine, it doesn't help the quality of care at all.''

Christine K. Cassel, 1997 Newly appointed to the Clinton Administration

Read the whole NY Times Article.

http://www.nytimes.com/1997/03/27/us/clinton-names-panel-to-draft-health-consumer-bill-of-rights.html

HobokenGazette said...

District Judge Judy Instructing Magistrate Trudy on Legal Issues.
Case: Goliath versus David versus Goliath. Newark, New Jersey 2015
Subject: Copyright Law.

Honorable Judge Judy: Ok, Trudy, (appointed magistrate to the case) first thing you need to know about copyright law is the difference between and Article III Courts and an Article I Courts.

1stQuestion: Which court does Goliath versus David belong in?

Magistrate Trudy: Uh, this was the copyright case right?

Judy: Yes, it is Goliath. versus David. case no. 1007BC-ABIM

Trudy: It's not a trick question is it?

Judy: For, God's sake, it's not a trick question.

Trudy: Praise God, everybody knows physicians always get trick questions. Judge have you those nasty ABIM psychometrician folks invent and shove down the docs throats and make them pay like 1000 bucks or something, then 200 MOC dollars per year or more, plus, travel, plus more board review courses to dread, time away from work, stress, burnout, no time with family, no time for patients, no time to study what I need to do the job, electronic record failure. I can tell you I'm glad I not in medicine.

Then it's an easy question, Judge Judy. Patent law belongs in a Constitutional Court.

Judge Judy: That is technically correct, but I asked specifically if it was an Article I or Article III court.

Trudy: But you said it was not a trick question.

Judy: Yes, but in law you must listen to the words very carefully. We must adhere to strict language and understand everything about our subject keeping up all the time or there could be consequences. You know like if a law changed or if a new precedent setting case was just settled by the high court.

Trudy: Wow, when you put it that way, I'm doubly and triply glad I'm not a doc doing MOC! I'd never have any time for anything involving my job, which is so much fun with you, Judy.

Judy: Answer?

Trudy: Yes, this case belongs in an Article III court.

Judy: Next question for your Trudy. Where does this case belong. New Jersey or San Juan?

Hint they have Article III courts in both locals.

HobokenTribunal said...

Goliath versus David versus Goliath (testing the magistrates biases)

Trudy: Well, from everything I've heard Goliath is very big and a heavy hitter and David is small and an admirable first responder to the Haiti earthquake crisis, is well loved and valued in his community and knows lots of people in all walks of life in Puerto Rico. He even was working volunteering at many other things. Believes in fitness and disease prevention. He's one of the few doctors in the United States and its Territories to have actually got patients to lose weight naturally through diet and exercise.

Given all of the above, and that it would cost him lots of money and huge inconvenience to travel from Puerto Rico to lonely New Jersey, I'd say that the little guy should be given a break. You know, we don't want to look like we are prejudiced toward that big giant that will just eat anybody alive without blinking and then his legal team "Sparring and Hitting unlimited" will send you the biggest bill you ever saw!

Definitely the case should be worked out in Puerto Rico. It will be more fair even if it means I will miss all the fun with you here in Newark with you teaching me behind the scenes when I get stuck.

Judy: Mmm. Ok. And final question. What court should the countersuit David versus Goliath take place in.

Trudy: Well if it's not a trick question, then it belongs in an Article I court.

Judy: What! Why do you contradict yourself? I thought you just said in an Article III court.

Trudy: Well, Article I courts are for tax related issues and I hear the IRS has some problems with Goliath not paying his taxes cause he's big and cheats on his filings. I heard there are glaring omissions. Goliath even outright lies. He reports no lobbying, when we know he is wielding his club all over the place making everyone in the country miserable with his "lobbying". And the financial misstatements, the negligence, recklessness in failing one in five physicians is heinous. There's the dereliction of fiduciary duty like suing David, Saul, Samuel, eight brothers, and anybody else that does not want to bend over for him. Goliath never shows up for work but prefers to lobby. Goliath wants to get paid even though he does not work one iota of time at the ABIM estates. He prefers travel and to just watch reruns of C-span of himself clubbing everyone, you know in that nice cozy condo with Mercedes and chauffeur.

And even though IRS rules say that if you take so much money from people with your club and hide it in a cave, you are in violation of rule no 1010BC, Goliath is just ignored cause he is just such a big monster with that legal team and connections everywhere.

Judy: Alright. Trudy, I taking you off of this case. I'm afraid something's come up with the Democratic National Committee and I'll have to help Hillary. Would you like to come along? I really do have another case for you that would challenge you more.

Trudy: Great, I'm excited, what is it? I can hardly wait.

Judy: I can't tell you much about the case, but I'll tell you it's a powerful fella named Joe that may be involved in unethical activities to hurt Hillary.

Trudy: What about the case against...

Judy: I think we'll try to move it to Philadelphia. I know some good folks there...

DrearyTimes said...

ABIM: The Race to the Top. A Trail of Money a Trail of Lies

NQF Headquarters, Washington DC, USA

Act I, Scene I...CEO's office overlooking a splendid view of Capitol Hill

Chris: Hillary it is wonderful to see you again. You are looking quite radiant and ruddy...

Hillary: Chris always charming me. But you know things have been going horribly lately with that State Department job - the aftermath of that and the stupid e-mails. Darn it, Chris, they were always spying on me, I had to have my own account. They spy on everybody. They got into my electronic health records. They will use it to...

Chris: What went wrong at the State Dep...

Hillary: Joe would never let me do a thing. Always a gentleman with me. Finally I begged him for anything, anywhere. He gave me Libya.

Chris: I'm sorry to hear. Does it mean...

Hillary: No, honey everything is still on the table with us and...

Chris: Do you think we can pull it off? We are so close.

Hillary: I hope so, I have some gals from New Jersey driving in today. I want you to meet...

Chris: I already spoke with Trudy and her mentor Judy. I think it will be smoother after the next round. We'll throw some punches where it hurts...

Hillary: What did you do this time, Chris! You have more strings to pull than a sitar.

Chris: What's that I hear about you and Bill and the Foundation... I hear you are going to...

Hillary: What's that on the HD. C-span? The good old days when we were young and...

Chris: No, it's Elton John performing live in Las Vegas in front a bunch of hospitalists at the Hotel... O I forget the one that's right next to the Luxor, starts with an M. Mandy? No, that's a song. Oh my, I am getting forg...

Hillary: Me too! I think it comes with the jobs we do. I even forget about Bill sometimes...

Chris: You mean the shoe shine gir...

Hillary: Yes, you were there in the white house...you knew the drill...the burning smell of cigars...

Chris: How'd you put up with it...I hate the smell of stale tobacco in my face...

Hillary: Only one thing kept me going...the aims I had for the white house... someday, and what we, you and I, are going to do to make health care even more...

Chris: You can count on my...

ClearWater said...

A Simple Creed. True Democracy and the Sharing of Real Equity

From General Principles to Guiding Insight

Unless a truly human dialogue is established where we stop lying and hiding reality from one another we are doomed.

What is wrong with the ABIM is what is wrong with the current state of affairs we witness in our society. I am speaking of the rampant corruption and cheating.

For this we are all partly to blame. But from where I stand, the ABIM is in the lowest position with which to point its crooked fingers.

They deal with dirty hands.

For the thousands you have called villain, victimized, or failed to recognize their worth, you have recklessly harmed your base of support.

This is policy that has run amok leading the organization to spin out of control.

This includes the persecution of physicians, producing failures out of your failed test, and victimizing test takers for studying too hard.

Every physician, patient and taxpayer knows the ABIM is guilty of even far greater offences and crimes. We all know them by now. What a ride and we did not even see the zealous politics guiding it all from he sidelines.

Pay your fair share to the IRS, you cheaters, and take some of the burden off US taxpayers.

*** *** *** *** ***

Impartial reason and conscience guides too infrequently to make any difference. This must change.

If an ethical society of doctors at the ABIM cannot lead us out of our present morass, it is only because they try to autocratically decide our present course.

How do they miss the mark?

By holding firmly on to control and bowing only to their own self-reinforced ideas, which are only a fa├žade of ever-changing excuses. These habits of defense and pretense in turn are used to maintain their ever-growing levels of mutual greed.

Most physicians cannot follow such people of false images selling themselves for a bagful of silver. The ABIM's pretentious ideological principles - with fresh streams of ever-changing policy! NOW COMES the political instinct to notice ethical physicians rebelling.

Why do physicians, patients and taxpayers rebel? They dissent because they feel they have been had from behind.

You secretly codify policy for the your partisan special interests and the benefit of your own stock options, which you have invested in the self-same society of corporate greed.

We simply do not wish to be corrupted by the ABIM and assist them in creating a world in their mythological medical image any longer. It is a horrendous thought that no mature human being or even a child could accept.

Such cheating! ABIM executives consuming the bulk of the pie.

Taking away physicians' right to a democratic process where all can discuss and decide; to determine the right course for medicine and the maintenance of measure. All that you have done is reprehensible.

We've seen and heard enough of your clever offensive fluff.

The sun that shines on all humankind is the one that sees and unifies.
No man or woman with a dollar's worth would try to pretend otherwise.

Greed and politics has no place here. Let it go.

Conscience flees where greed intercedes.

That is what the ABIM culture must change. The culture of control and greed .

ABIM heal yourself first and put the measure where it is most needed!


Anonymous said...

Once, a long time ago in England, King John (brother of Richard I) found himself in a fix. He was short on cash and had lots of expenses, including a pricey castle and costly wars to finance. So he taxed his nobles. Really laid it on them. It didn't take long for the nobles, never big fans of John anyway, to rebel. Something good, called the Magna Carta, was actually a result of this rebellion.

Fast forward to our present day Kingdom of American Medicine. Prince ABIM sits on the throne in this, our unhappy land. We, the nobles, find ourselves heavily taxed and manipulated by this prince, one whom we have never really liked anyway. After all, who died and made this machiavellian lord and master anyway? Life for us has never been easy, but we do remember happier times before Prince ABIM came on the scene.

Now, the Prince uses every means to oppress us (uneasy sits the head that wears the crown) through treaties and alliances with the dark lords of the realm: insurance companies, hospital systems, and regulatory agencies.

Then there's the Prince's seal of approval. Nobles can be stripped of their title if they fail to earn the seal by enduring the Prince's Trial by Ordeal, which can be whatever the Prince decides it must be on any given day. We have no say in this matter, which only fuels our resentment. After all, everyone knows that the seal itself really has no value and yields no benefit to us other than sparing us the Prince's wrath.

This story has not yet reached its end. No sign of good Richard the Lionheart's return. But perhaps the Prince senses that his days are numbered as more and more nobles join the nascent rebellion.

ABIM Bathroom Graffiti said...


I'm not afraid of "Choosing Wisely".
I just don't want to be there when it happens!

-Woody Allen was here

ABIM Screen Savers said...



"Rich ain't nothin' but a poor man with money."

ABIM phone-person's screen saver.

POTHUS MUSE said...

A message regarding the 'run amok' quality assessment bureaucracy.

Dear ABMS Diplomates and Candidates:

I have received thousands of letters expressing concern about the sad state of our medical delivery system. I have heard from patient/citizens and taxpayers of this great nation.

They complain also about the vast medical bureaucracy that has come between the patient and physician.

They complain that the quality of care has diminished while the costs keep rising. And they find that a good US dollar does not cover what they thought should be covered in order to manage their medical conditions.

This is important news to receive.

However, I have not heard enough from the ones who's opinion I value the most. I have not heard from the physicians in sufficient numbers to get a clear picture and to do something.

If I don't hear the complaints, how can I diagnose properly. My hands are tied with out your important input. I am writing to request a consultation about the grave problems we face in fixing what is broken in the medical system.

Here's what we know so far. After an initial probe into the ABIM, I have discovered it is surprisingly reckless and negligent at the 'command and control' center.

What's worse the officers all seem to be egregious fact-stretchers. I have put their words and policies to the litmus and even discovered many of them to be blatant liars.

Of, course this comes as no surprise as they are all familiar insiders here in Washington.

The Foundation concerns me the most. It may be illegal. Plus the professionalism they profess and the initiative called "Choosing Wisely" concerns me. I say this because after putting the data through my "fact detector" I keep receiving a warning telling me the entire organization is heavily endowed, but the programs are entirely "fact-free".

Please contact me soon regarding these concerns, before I move on to other matters that need my diagnosis and remedial action as such issues come to my attention and overwhelm us constantly.

Sincerely,
xxxx xxxx
Your president

P.S. I do have some legal background and understand where you are coming from on the MOC issue. We do the bar exam once and that is it. It's for life.

Here's what we know. Based on all I've heard, I am opposed to MOC completely.

Call me to discuss. I am waiting. My good name and legacy are on the line. I do want to serve you. If I don't hear from you what I have done to reform medicine is at risk. But more importantly, I want to get it right. It's the patient that counts not the system. I may have been ill advised.

Call me, write, email now.

Anonymous said...

Medical specialty boards should be more like state bars.

Like physicians, attorneys are regulated and certified, but the process for attorneys is more transparent, predictable, and democratic.

For example, unlike our private corporation specialty medical boards, the State Bar of California was created by the state legislature. Its website history describes it as "a public corporation within the judicial branch of government, serving as an arm of the California Supreme Court. All State Bar members are officers of the court [ie, elected officials, hence accountable to the public]." California's Bar also maintains committee slots for attorneys from throughout the State, and these committees advise on a variety of matters including Bar membership and specialty certification.

Attorneys who pass the Bar are certified for life, provided they maintain CLE hours, and though they are entitled to practice as generalists, if they like, they can choose to seek additional specialty certifications, also governed by the Bar.

Through this structure and accountability, the State Bar is governed and monitored by both the public and the practicing attorneys it represents. The result is a reasonable, straightforward certification system that is transparent and responsive, and protects the both the public and the integrity of the legal system within the State. No games, no meddling, no funny business with fees, no lobbying for politically biased pet projects, no "bad optic" perks.

The ABIM seeks to justify its existence by whispering to us that if we don't allow it to regulate us by proxy, then the government will swoop in and regulate us. Wow, that IS scary, isn't it? Scarier than what we are already enduring at the hands of our medical specialty boards? Scarier than the pages and pages of new regulations generated by CMS and other agencies? Frankly, the ABIM is no longer "one of us." Given the ABIM's behavior, perhaps we should take something so important as physician certification out of the hands of a private corporation subject to no public oversight and place it in a public corporation- similar in structure to a state bar-that truly responds to and represents physicians and the public we serve.

Under such governance, certification should be simple, straightforward, and for life (find me one attorney who would stand for the recert tedium foisted on us...anybody? anybody?). Like CLE, CME should be encouraged and strictly enforced. The governing board would also have easy access to a new wealth of quality and performance data so that issues of physician competency could be assessed accurately and remedial action could be recommended and tracked.

The state bar system has worked well for attorneys, why not adapt the model to fit our needs?

OverBurdenedTaxpayer said...

The ABIM Should Shutter Its Doors. Potential Violations Need Investigating

The ABIM should shutter it's doors. It is an institution that has lost trust completely.

Reasons.

Decades of political and financial fraud. Repeated questionable money transfers - secretive. Cheating on IRS filings. Failure to report lobbying. Intentional domicile misstatements. Negligence, recklessness in fiduciary responsibilities .
Failure to properly inform the federal, state and local governments, remiss in exercising good faith communications with authorities, taxpayers, patients and physician-clients.

Running a political action committee pushing democratic party healthcare platforms - paying for it off the over-burdened backs of taxpayers and physicians.

Potential money laundering to pay for extraneous activities not in keeping with their job description, but conducted during normal hours of operation in Philadelphia's ABIM offices, Washington DC and elsewhere.

Reckless investment practices risking principal with momentum trading and stock jockeying to increase revenues and bottom-line profits in order to increase personal wealth of executives and political power.

Physicians and taxpayers demand an investigation.

Anonymous said...

Yes, the state boards work. The specialty boards do not.