Judge Dismisses Lawsuit Against ABIM's Maintenance-of-Certification Process

Becker's ASC Review (09/19) Oliver, Eric

A U.S. district court judge has dismissed a class-action lawsuit against the American Board of Internal Medicine (ABIM) alleging the board engaged in monopolization related to its maintenance of certification (MOC) exams. Judge Robert Kelly wrote in his decision "that ABIM's initial certification and MOC products are part of a single product and do not occupy distinct markets. Not only are we unconvinced by plaintiffs' arguments, we find that plaintiffs' entire framing of the ABIM certification to be flawed." Kelly further indicated that the complaint "failed to set forth a claim as a matter of law." ABIM President and CEO Richard Baron, MD, said the dismissal was warranted. The organization's board, meanwhile, recently announced its development of an alternative MOC pathway.

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