Louisiana Voice

Physicians Health Foundation (PHF), which for years has abetted the Louisiana Board of Medical Examiners in targeting vulnerable medical practitioners in a manner reminiscent of the tactics employed by the Louisiana State Board of Dentistry, now finds itself in the crosshairs of State Sen. John Milkovich (D-Shreveport).

Both boards have for years flown under the radar of governors, legislators and the media but more and more, attention is being given to their near-autonomous rule by intimidation and extortion.

PHF, also known as the Healthcare Professionals’ Foundation of Louisiana (HPFL), is located on Bluebonnet Boulevard in Baton Rouge and it currently is about halfway through a three-year, $1.35 million contract with the Board of Medical Examiners to run a “Statewide Operations of Physicians Health Program.”

And, since the Board of Dentistry has been mentioned, it might be worth noting that PHF also is just over a year into a three-year, $287,000 contract with that board to “develop, create and administer the Dental Health Professional Monitoring Program.”

By its own admission in a lawsuit to be discussed later in this post, it is not a treatment facility. So, just what does PHF (or HPFL) do to earn its money?

Well, for the Board of Medical Examiners, it appears to extract huge fees from medical professionals (which includes doctors, physician assistants, podiatrists, medical psychologists, dentists and dental hygienists) who are found to have addiction problems or who the board deems to have committed other transgressions.

And since its contract with the Board of Medical Examiners includes dentists, it is unclear why there is a need for a separate $287,000 contract with the Dentistry Board.

But like the Dental Board, the Board of Medical Examiners has set itself up as accuser, prosecutor, judge and jury in investigating complaints and handing down its decisions. Again, like the Dental Board, the Board of Medical Examiners even conducts its own hearings whenever a doctor appeals one of its decisions.

And the board remains a stellar undefeated record in 20 years of reviews of its decisions that are appealed.

Which probably is the reason Sen. Milkovich feels the need for his SB 286, which would establish a Physicians’ Bill of Rights designed to protect their rights whenever they are brought under the scrutiny of the board. More about that shortly.

In addition to its ability to suspend licenses of medical professionals, the board wields a big stick in its ability to coerce licensees into signing consent agreements to enter into rehab.

And those consent agreements often come with large price tags in the form of fees and penalties. Many state regulatory boards, the Board of Medical Examiners and the Dentistry Board included, receive their budgets not from legislative appropriations but from membership fees and financial penalties assessed against members accused and convicted of violations, some of which, though minor, still carry large fines.

Doctors and other medical practitioners apparently are referred to the rehab centers by PHF (or HPFL) whose spokesperson indicated to LouisianaVoice that it has a list of approved facilities in Louisiana, Mississippi and Alabama, among others.

PHF’s $1.35 million contract with the Medical Board runs from Aug. 1, 2016 through July 31, 2019.

One of those rehab centers is PALMETTO Addiction Recovery Center in Rayville.

That facility became involved in a lawsuit in 2009 after one of its staff members. Dr. Douglas Wayne Cook became sexually involved with one of the center’s patients. The husband of the victim sued Cook, who is no longer with Palmetto but who does continue to have a private practice in Richland Parish.

Milkovich’s bill, already reported out of committee favorably, is scheduled to be brought before the entire Senate on Monday.

“Under Louisiana’s current board system, physicians often face an uneven playing field, rigged proceedings, and a stacked deck,” Milkovich said. “Licensed, dedicated and highly qualified professionals may have their licenses threatened, suspended, or revoked, based on false accusations, anonymous complaints, and spurious charges. Doctors are often administratively charged by the board without even being informed of the identity of their accusers, the evidence against them, or even the substance of the accusations brought against them. This injustice is compounded by the heavy-handed and inequitable tactics employed by some Board staff.

“We understand that there must be a fair and sound disciplinary process for physicians, to protect the public. However, the goal of board proceedings for physicians should be impartiality, fairness, and integrity—not intimidation, falsification, and inequity.

“The aim of SB 286 is to level the playing field, un-stack the deck and render the Board’s adjudication of doctors more transparent. Everyone deserves Due Process. And that includes doctors.”

The bill, according to the BATON ROUGE ADVOCATE, would require stricter communication requirements during board investigations and would require that the board provide physicians under investigation written notice of complaints within 10 days or receipt. Moreover, the bill would require that the board reveal the identity of the complainant and would prohibit ex parte communications by board members prior to a hearing on the pending investigation.

One critic of the board, Dr. Greg Stephens said criminals and terrorists receive “more due process than we give doctors.” He and his former boss, Dr. John Gianforte, said they were coerced into consenting to voluntary license suspensions and mandated substance abuse treatment without either being allowed to give their side of the story.

They were suspended following claims that Stephens allowed unqualified staff members to write and sign prescriptions in his name while serving as medical director at a clinic in Shreveport when in fact, the prescription pad was stolen by two employees and Stephens’ name forged. Gianforte said the two employees were fired and one was later charged by law enforcement authorities.

Milkovich even cited a case where a New Orleans physician practicing at Tulane Medical Center committed suicide last November. His license was summarily suspended in June following an investigation but was reinstated in October. By then, however, the doctor had lost privileges, positions and future opportunities as a result of the investigation, the senator said.

In another case, the family of another doctor filed suit against PFL when the doctor, informed that he had had tested positive for drug use, committed suicide a few hours later. The doctor’s family was told by PFL that its programs and personnel had statutorily qualified immunity from legal liability regarding their activities and that they were further protected by a release and a hold-harmless agreement with the Physicians Health Program.

RAMEY V. DECAIRE

PHF was successful in getting the Louisiana Supreme Court to rule that it was exempt under the peremptory exception of no cause of action and the family’s lawsuit was dismissed. PHF, apparently not satisfied with merely winning, then went after the family for legal sanctions, claiming their suit was frivolous and without reasonable good faith. The trial court denied PHF’s motion and PHF appealed. The First Circuit Court of Appeal upheld the trial court and assessed costs against PHF.