Survey indicating same patterns across the country–Looking for attorneys familiar with (or more importantly willing to learn about) professional health program legal issues who can file similar suits including Here in Massachusetts.
The issues are the same and include:
1. False assessments and diagnoses.
2. Forensic fraud and falsified drug and alcohol tests.
3. Collusion with third party commercial labs to commit fraud.
4. Establishment clause violations.
5. HIPAA Violations.
6. Anti-trust violations.
7. Ultra vires acts as non-profit agencies including the unlawful practice of medicine.
Please click on the links above to see detailed examples and discussions of these issues. It is an open area as my survey has revealed an additional factor stacking the deck and removing accountability from PHPs.
The attorneys ostensibly representing doctors are also part of the racket.
A doctor referred to a PHP will be given a list of 3 or 4 attorneys by the PHP who are “experienced in working with the medical board.” What they do not tell you is that theses attorneys are hand-picked or cultivated to abide by the rules dictated by the PHP.
They will not “bite the hand that feeds” and any procedural, ethical or criminal misconduct by the PHP will not be addressed.
See “Competent, Ethical and Fair Legal Representation for Doctors–A Possible New Niche Area for Lawyers.”
My survey also indicates some states are worse than others and North Carolina, Washington, Florida and Massachusetts are over-represented as far as misconduct and ethical violations.
A Federal class action lawsuit has been filed in the Eastern District of Michigan against the state PHP program alleging constitutional violations related to the forced medical treatment of health care professionals involved in the State’s “Professionals Health Program” (PHP) and the “callous and reckless termination of professional licenses without due process.” According to the complaint:
“The Health Professional Recovery Program (HPRP) was established by the Michigan Legislature as a confidential, non-disciplinary approach to support recovery from substance use or mental health disorders. The program was designed to encourage impaired health professionals to seek a recovery program before their impairment harms a patient or damages their careers through disciplinary action. Unfortunately, a once well-meaning program, HPRP, has turned into a highly punitive and involuntary program where health professionals are forced into extensive and unnecessary substance abuse/dependence treatment under the threat of the arbitrary application of pre-hearing deprivations (Summary Suspension) by LARA.filed…
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The highest court in Massachusetts today provided a safe harbor for thousands of people with tainted convictions stemming from Annie Dookhan’s misconduct at the Hinton state drug lab. In a case brought by the American Civil Liberties Union of Massachusetts, the ACLU’s Criminal Law Reform Project, and Foley Hoag LLP on behalf of three individuals affected by the lab scandal, the Supreme Judicial Court issued a sweeping defense of due process, ruling that people may challenge their wrongful convictions without fear of retaliation by prosecutors.
“Today’s decision is a profound victory for tens of thousands of people who were denied due process by misconduct at the Hinton Lab, and for anyone who has a stake in the integrity of the Commonwealth’s criminal justice system. For years, many of Annie Dookhan’s victims have worried that challenging their tainted convictions could subject them to even harsher convictions and sentences. Many others did not even know that they could challenge their convictions in court, because public officials neither identified all of Dookhan’s cases nor directly notified her victims.
“In a sense, many people did not know how to find the courthouse doors, and many others were too afraid to knock.
“The Supreme Judicial Court has now outlined a path for addressing these massive violations of due process and for restoring integrity to the justice system. Under the Court’s landmark legal ruling, defendants can now challenge their tainted convictions without fear that prosecutors will respond by seeking to revive harsher charges or potentially harsher sentences that the prosecution had relinquished in a plea bargain. And, although prosecutors were unwilling to help identify defendants before we filed this lawsuit, the Court has now called upon prosecutors to identify the thousands upon thousands of victims of this scandal. We look forward to working with the courts, district attorney’s offices, and other stakeholders to implement this solution.”
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