Battle Over Maintenance of Certification Continues in the Courts

MedPage Today (12/30/19) Frieden, Joyce

Plaintiffs in a federal lawsuit against the American Board of Internal Medicine (ABIM) involving maintenance of certification (MOC) requirements have filed a notice of appeal following a district judge's ruling to dismiss. In late September, Judge Robert Kelly said the plaintiffs failed to prove that ABIM's initial certification and MOC products were not part of a single product and occupied distinct markets, and contradicted their contention that ABIM waged a successful campaign to fool the public into thinking that MOC "benefits physicians, patients, and the public and constitutes self-regulation by internists." A separate lawsuit against the American Board of Radiology (ABR) that made identical allegations had the same outcome, with District Judge Jorge Alonso ruling that "ABR sells only one product: certification of radiologists as having 'acquired the requisite standard of knowledge, skill, and understanding essential' to the practice of medicine in their particular specialty or subspecialty."

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