Is treating patients criminal?

 FBI search the office           Dr. Memar’s side of the story        Outline-of-Dr Memar Conviction            Motion to dismiss conviction

My story: How my case can add $29 Billion to the treatment of pre-cancers in the U.S.A.

A new standard of care has been established by the U.S. Government and this can break the bank.
Blue Cross and Blue Shield (BS/BC) wields great power over how medicine is to be practiced. They managed to disagree with a physician on January 2013 over the diagnosis and treatment method of pre-cancers in a 52 year old proven cancer patient. Instead of requesting the funds back, they turned to the Department of Justice, which led to a criminal conviction without proof of intent.Outline-of-Dr Memar Conviction
Therefore, the record is devoid of any evidence to show Dr. Memar had the “intent” to commit healthcare fraud or “willfully” made false statements, yet he was convicted. Conviction is a game changer and affects medical care by most specialties, whether they realize it or not.
More importantly, an act of the U.S. Congress was disregarded in this case. The government’s witness disagreed with the effectiveness of the tool Dr. Memar used to treat precancers. The government presented this as a sign of Dr. Memar’s guilt. Dr. Memar presented five scientific publications supporting his claim that the tool has been shown effective in treating precancers. The government attempted to use the differing opinion of physicians to prove guilt. This cuts directly against the underlying purpose of The United States Congress’18 U.S.C. § 1347. The U.S. Congress states that it was never its intent with 18 U.S.C. § 1347 “to penalize the exercise of medical judgment of healthcare treatment choices made in good faith and which are supported by significant evidence or held by a respectable minority of those providers who customarily provide similar methods of treatment.” H.R. Conf. Rep. No. 104-736, at 255 (July 31, 1996). The case went up for appeal before the 7th U.S. Circuit of Appeal on May 23, 2018. Results are pending.
The new standard of care has been established by the U.S. Government:
1. Before treatment, a biopsy is needed for every premalignant lesion, including actinic keratosis (58 million Americans have actinic keratosis and currently physicians diagnose this visually; a biopsy would add an extra $29 billion dollars to AK treatments alone). Any diagnosis that is not backed up by secondary independent evidence (like a biopsy or CT scan) can be questioned as a criminal misdiagnosis. Therefore the clinical diagnosis of a physician is not good enough.
2. Any delegated procedure needs physician examination before and after treatment to avoid criminality. A patient being treated for a brain tumor with radiation will need a visual examination of the tumor, most likely in the form of an MRI or CT scan, before and after each session; so if a patient is receiving 30 sessions of radiation, that would be an extra 60 scans with physician reading every time. This will create immense cost and unnecessary exposure to the patient, i.e., the worst of defensive medicine. Otherwise, a criminal act might have been committed.
3. If an insurance company does not agree with a doctor’s diagnosis or treatment, no longer will they need to request reimbursement. They can go straight to the Department of Justice, and have the doctor investigated for criminal conduct. Then the government may charge the practitioner with a crime without ever having the patient examined by another physician. This will create an immense cost burden on an already stressed health care system. This is exactly what happened to Dr. Memar.
4. Providers (like surgeons, radiation oncologists, etc) that use devices that destroy tissue (like tumors or blood vessels, etc) need verification of destruction (like scans, biopsies, etc), otherwise the destruction code used is a criminal offense.
This is an attack on medicine and affects multiple specialties in medicine that deal with insurance companies. We need to act now.


Comment ( 1 )

  • Dr Ghassan Abboud

    Dr Memar is the best dermatologist and ethical physician we referred all our patients at 1st family dental to his clinics we never got one complain

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