Editorial for the Houston Community Newspapers

Opposition Increases to Texas Medical Board’s Actions

Steven F. Hotze, M.D.

August 7, 2007

Opposition to the Texas Medical Board (TMB) for permitting insurance companies to influence its investigations of physicians is growing.

The TMB has been accepting anonymous complaints from insurance companies and competing physicians.  The patients named in the anonymous complaints were unaware of them.

The TMB conducts its activities behind closed doors.  Only the physicians who have been brought before its courts of inquisition understand the injustices which the board has been perpetrating.

Dr. Keith Miller, who has served as a member of the TMB’s disciplinary committee, has also served for Blue Cross Blue Shield on the Texas Medical Advisory Committee.  Dr. Miller has been accused of using his position to discipline physicians with whom Blue Cross Blue Shield was displeased.  This appears to be unethical at best, and corrupt at worst.

Anonymous “experts” are used by the board to discredit physicians accused of not following the insurance companies’ self-serving views of medical care.  In its secret hearings, where the accused physician is interrogated, neither recordings nor documentation of the proceedings are permitted.  The TMB acts as prosecutor, judge, jury and executioner.  The decision is predetermined.  Scores of physicians’ reputations and livelihoods have been ruined and their patients left holding the bag.  There appears to be collusion between the insurance companies and the TMB.

The outrageous case against Dr. Bill Rea, a prominent Dallas physician, founder of the Environmental Health Center in Dallas and leader in the field of Environmental Medicine, has catalyzed the opposition of patients and legislators to the TMB’s Star Chamber tactics. Dr. Rea has treated over 30,000 patients at his center since 1974.

In 2005 an anonymous complaint was filed with the TMB regarding Dr. Rea’s treatment of five patients, all of whom lived in Manhattan, and who had experienced illnesses due to chemical exposure after the 9/11 attack.  All the patients were pleased with Dr. Rea’s care, as were their referring physicians.  The only common thread in the anonymous complaint was that all five patients carried Oxford Medical Insurance.  Apparently, Oxford had filed the anonymous complaint in order to keep from reimbursing the patients’ medical bills.

The TMB’s attorney informed Dr. Rea’s attorney that it didn’t matter what was said or what evidence was presented, Dr. Rea’s license would be revoked.  Despite the fact that 18 physicians evaluated and approved of Dr. Rea’s treatment, one hired board expert denigrated it. At the end of the sham review hearing, Dr. Miller recommended that Dr. Rea’s license be revoked.

Upon learning about this injustice, several prominent Texas state senators and representatives have called for an investigation of the TMB. These legislators were aware of numerous cases of doctors who had been railroaded by the TMB.

An organized effort to inform the public of the TMB’s close relationship with insurance companies has created an outcry. 

Despite the immunity afforded TMB members, several prominent Texas attorneys have indicated that if the TMB members have acted with malicious intent, then they may be held personally liable for their actions and the damages which they have caused.  They should be.

Actions You Can Take Today to Protect Your Patient-Doctor Relationship from the Insurance Companies and Their Agents on the Texas Medical Board.  The Texas Medical Board is made up of 19 unelected members who are appointed by the governor. Their activities are poorly monitored. This is the first organized action to protest the TMB’s unconstitutional and un-American actions which deny due process to physicians. The TMB is targeting physicians who oppose the insurance companies’ standards of care which limit treatment options, deny claims and increase insurance companies’ profits. It is unconscionable that the TMB would be working for the insurance companies’ agenda at the expense of the patient-doctor relationship.

Today, contact Dr. Don Patrick, Executive Director of the Texas Medical Board, at 512.305.7010.  Calling is the most immediate and effective method to let Patrick and the TMB know that we are oppose their tactics. You may also e-mail him at donald.patrick@tmb.state.tx.us and copy all the TMB members below. Cut and paste their e-mail addresses in the CC: of your e-mail to Dr. Don Patrick.

(This list can be copied and pasted into the CC or BCC field of your email message.)
Roberta.kalafut@tmb.state.tx.us; Lawrence.anderson@tmb.state.tx.us; Michael.arambula@tmb.state.tx.us; Julie.attebury@tmb.state.tx.us; jose.benavides@tmb.state.tx.us; patricia.blackwell@tmb.state.tx.us; Melinda.fredricks@tmb.state.tx.us; Manuel.Guajardo@tmb.state.tx.us; Amanullah.khan@tmb.state.tx.us; Melinda.mcmichael@tmb.state.tx.us; Margaret.mcneese@tmb.state.tx.us;                       keith.miller@tmb.state.tx.us;
charles.oswalt@tmb.state.tx.us; larry.price@tmb.state.tx.us; Annette.raggette@tmb.state.tx.us; paulette.southard@tmb.state.tx.us; Timothy.turner@tmb.state.tx.us; Timothy.webb@tmb.state.tx.us; Irvin.zeitler@tmb.state.tx.us;

Communicate to him that a) the anonymous complaint against Dr. Bill Rea should be dismissed, b) the TMB should prohibit anonymous complaints, anonymous witnesses and sham reviews of physicians, and c) you oppose the influence which insurance companies have on the actions of the TMB.

2.      Today, contact Texas Senator Jane Nelson, Chair of the Senate Health and Human Services Committee, at 512.463.0112 and by e-mail, jane.nelson@senate.state.tx.us.

You should also contact your Texas State Representative and State Senator by going to www.projectfans.org and entering your zip code. This website will give you the phone numbers and e-mail addresses of your legislators in Austin.

Ask Senator Nelson to convene a Special Senate Hearing to investigate the actions of the Texas Medical Board.

Communicate to them that a) the anonymous complaint against Dr. Bill Rea should be dismissed, b) the TMB should prohibit anonymous complaints, anonymous witnesses and sham reviews of physicians, and c) you oppose the influence which insurance companies have on the actions of the TMB.

You need to act immediately to protect your rights. 

Go to www.projectfans.org and use the link on the Project FANS home page to contact your State Representative and Senator by phone, e-mail and fax today info@projectfans.org.

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