Here are real life examples of how the ABMS MOC® program has been harmful to patients:
Example #1, Dr. J.E. of New Jersey
From antitrust legislation before the Northern District of Illinois Federal District Court, Case 1:14-cv-02705:
Association of American Physicians & Surgeons, Inc. v. American Board of Medical SpecialtiesExample #2 Megan Edison, MD of Michigan
Assigned to: Honorable Andrea R. Wood
Case in other court: New Jersey, 3:13-cv-02609
Cause: 15:1 Antitrust Litigation
Exclusion of an AAPS Member from Somerset Medical Center (SMC)
29. Defendant ABMS’s foregoing agreements and actions resulted in the unjustified exclusion of a physician member of Plaintiff AAPS (“J.E.”) from the medical staff at SMC, a hospital located in Somerville, New Jersey.
30. Physician J.E. had been on the SMC medical staff to treat patients there for twenty-nine (29) years.
31. J.E. had been board certified by The American Board of Family Practice, which subsequently changed its name to The American Board of Family Medicine (“ABFM”).
32. In 2011, SMC refused to allow J.E. to remain on its medical staff unless he complied with an extremely burdensome and impractical recertification procedure under the ABMS MOC®.
33. ABFM is one of the 24 corporations identified above that has agreed with Defendant ABMS to implement ABMS MOC®.
34. Although J.E. had been fully certified in good standing with the predecessor to ABFM, Defendant’s agreement with ABFM required imposing the following extremely burdensome requirements for recertification under ABMS MOC®:
35. The foregoing requirements demand far in excess of 100 hours for a typical physician, with the possibility of an unjustified rejection of recertification for reasons having no proven connection with patient care.
- Completion of fifty (50) MC-FP points (acquired by doing modules)
- Minimum of 1 Part II Module (SAM)
- Minimum of 1 Part IV Module (PPM or approved alternative)
- One (1) additional module of [his] choice (Part II or Part IV)
- Completion of one hundred fifty (150) credits of acceptable CME (minimum 50% Division I), acquired in last three (3) years
- Compliance with ABFM Guidelines for Professionalism, Licensure, and Personal Conduct which includes holding a currently valid, full and unrestricted license to practice medicine in the United States or Canada
- Submission of three (3) MC-FP Process Payments; one (1) payment at the start of each module
- Submission of application and accompanying full examination fee for the MC-FP Examination
- Successful completion of the MC-FP Examination (Viewed April 23, 2013)
36. The foregoing requirements further impose many thousands of dollars in fees and travel expenses.
37. The foregoing requirements take physicians away from providing care for patients.
38. In addition, the ABMS has entered into agreements with many of the above-referenced 24 specialty organizations to require even more expenditures of time and money by physicians. According to an email sent to physicians by the American Board of Internal Medicine (ABIM) on or about April 6, 2013, Defendant “ABMS is requiring more frequent participation in MOC of all board certified physicians.”
39. Like many other AAPS physician members, J.E. spends a substantial percentage of his time providing charity care to patients who would not otherwise have access to medical care.
40. J.E. manages and works in a standalone medical charity clinic for a substantial part of each week.
41. Requiring J.E. to spend hundreds of hours on requirements for recertification under ABMS MOC® would result in an hour-for-hour reduction in his availability to provide medical care to his many charity patients, who recently surpassed 30,000 patient visits in total number.
42. Patients of J.E. typically lack any alternate means of obtaining comparable medical care.
43. J.E. continued to serve his charity patients rather than comply with the foregoing burdens of recertification demanded by Defendant’s agreement with ABFM to implement ABMS MOC®.
44. Effective June 24, 2011, SMC excluded J.E. from its medical staff, as a result of Defendant ABMS’s agreements with other entities to require the ABMS MOC® program.
45. Patients are now denied the benefit of being evaluated and treated by J.E. when taken by emergency to SMC.
46. There is no value to patients in the completion of the above litany of onerous recertification requirements.
47. The lack of any genuine value of ABMS MOC® as a measure of professional skill or competence is demonstrated (viewed March 4, 2013) by how ABMS itself selected and appointed as its new President/CEO in 2012 someone who was “Not Meeting MOC Requirements,” but had an exemption not available to younger physicians.
48. J.E. is unquestionably a first-rate physician who continues to practice in good standing in New Jersey.
49. Whether J.E. purchases and complies with ABMS MOC®, as implemented by the ABFM, has no bearing on his medical skills as a physician.
50. Like J.E., other members of AAPS face imminent injury from Defendant’s agreements to impose ABMS MOC®, and Defendant’s concerted actions to require physicians to purchase and comply with its proprietary product.
51. Defendant’s agreements and concerted actions limit the supply of physicians available to hospitalized patients, thereby denying patients care by their choice of physicians."
"Regarding opting out (from MOC®), I can demonstrate harm to my patients. As you know, I did not pay the $1300 to the ABP. I have no educational requirements due until 2023. Within weeks of not paying, Blue Cross/Blue Shield of Michigan (BCBSM) sent me a letter dated 19 January 2017 (and received by my office 28 Feb 2017) telling me to pay by 20 March, 2017 or I would be kicked off their panel. I mailed my appeal letter 1 March 2017. When I did not pay, BCBSM did not contact me to initiate the appeal process detailed in my contract ( which involves two peer-to-peer hearings where I can explain by case). Instead, they sent letters directly to my patients telling them I was no longer a qualified in-network physician and they would be reassigned to another doctor. I was not allowed to see my patients without having another physician in the room with me. Even if my patients decided to pay cash to see me, any prescriptions or studies ordered would not be covered by BCBSM. On March 10, 2017, I received notice that my appeal hearing was granted for 5 April 2017.As seen in these examples above, the American Board of Medical Specialties' MOC® program is not a benign recurrent educational exercise for physicians. Rather, MOC® is a means of assuring a continuous cash flow to ABMS member boards using threats and intimidation by unaccountable ABMS member board members and insurers that adversely affects patients as well.
They refused to stop sending the letters pending my active appeal case. They said they would continue sending letters until I complied, or my appeal was done, whichever happened first. Obviously, this caused extreme distress for my patients and my staff. I contacted a lawyer with the Michigan State Medical Society, who told me to pay the money. I did.
Within seconds I had my board certificate in hand. Within hours BCBS re-instated me and never sent out another letter. Of course, they never sent letters to the hundreds of patients letting them know of their error. I am not the only one this has happened to, it happens all the time. To opt out of MOC®, docs are hiring NPs to see their BCBS patients because they will credential a NP...but not a MD opting out of MOC®. It's madness that MOC® is now more important than a MD."