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AAPS Sues The American Board Of Medical Specialties For Restraining Trade Through Its Burdensome Recertification Program

TUCSON, Ariz., April 24, 2013 /PRNewswire-USNewswire/ -- The Association of American Physicians & Surgeons (AAPS) has filed suit today in federal court against the American Board of Medical Specialties (ABMS) for restraining trade and causing a reduction in access by patients to their physicians. The ABMS has entered into agreements with 24 other corporations to impose enormous "recertification" burdens on physicians, which are not justified by any significant improvements in patient care.

ABMS has a proprietary, trademarked program of recertification, called the "ABMS Maintenance of Certification®" or "ABMS MOC®," which brings in many tens of millions of dollars in revenue to ABMS and the 24 allied corporations. Though ostensibly non-profit, these corporations then pay prodigious salaries to their executives, often in excess of $700,000 per year. But their recertification demands take physicians away from their patients, and result in hospitals denying access by patients to their physicians.

In a case cited in this lawsuit, a first-rate physician in New Jersey was excluded from the medical staff at a hospital in New Jersey simply because he had not paid for and spent time on recertification with one of these private corporations. He runs a charity clinic that has logged more than 30,000 visits, but now none of those patients can see him at the local hospital because of the money-making scheme of recertification.

There is a worsening doctor shortage in the United States, such that the average physician has the time to spend only 7 minutes with each patient. Roughly half the counties in our nation lack a single OB/GYN physician to care for women. There are long delays to see primary care physicians in Massachusetts, and about half of them are not even taking new patients.

Money-making schemes that reduce access by patients to patients, as "maintenance of certification" does, are against public policy and harmful to the timely delivery of medical care. AAPS's lawsuit states, "There is no justification for requiring the purchase of Defendant's product as a condition of practicing medicine or being on hospital medical staffs, yet ABMS has agreed with others to cause exclusion of physicians who do not purchase or comply with Defendant's program." AAPS adds that ABMS's "program is a moneymaking, self-enrichment scheme that reduces the supply of hospital-based physicians and decreases the time physicians have available for patients, in violation of Section 1 of the Sherman Act."

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