Guest guest Posted January 1, 2002 Report Share Posted January 1, 2002 From the NY State OPMC: " Happy New Years Lymies " . Understandably so, during the Holiday season (Thanksgiving- New Year's) i= nvolvement in lyme issues by all of us winds down, since we are busy shoping,visiting family, celebrating, etc.. Well, for those who m= issed the bad news- Dr. B is NOT off the hook. So, it's time to get back to= business and get back to work. The 4 activist matters before us: Lobbying NY Legislators to stop OPMC pe= rsecution of LLMDs (ongoing), upcoming NIH meeting on Lyme in Washington (st= ill indefinately postponed-we must show up and refute the lies), lobbying fo= r the Lyme bills before Congress in Washington LIFT & LDI (ongoing, you must= educate yourself and decide which to support), LDF Annual Convention in the= spring in Connecticut, and a big Lyme Disease Conference in August by the S= teere Camp to be held in NYC (we must plan a response to refute the propagan= da- a protest? a " teach out " ?). Other issues may surface as the year comes = in. Well, for those who missed the news from Dr. B, read below: From: " ph Burrascano " Sent: Thursday, December 27, 2001 9:17 AM Subject: OPMC update from Dr. B Hello! I hope you have been able to get some rest and be with loved ones over the holidays, and at least spend some time not thinking about Lyme, politics, and all that stuff. As many of you know, shortly after I heard of the favorable outcome of my OPMC hearing, the attorney for OPMC filed an appeal against me! An appeal to reopen the case, with the goal (as previously) to remove my license, or make some other kind of severe penalty. I learned of this ONE DAY before the Albany hearings were scheduled to take place. Interesting timing. Needless to say, I was very angry! It was good, in retrospect, that I did not tell everyone at that time, because in my anger I probably would have said things that I would regret later. Now I've calmed down a bit. To me, this appeal, which I and my attorney have to address with our own counter appeal, is a form of harassment. They know they have unlimited resources and can try to wear me down and/or force me into bankruptcy. Truly, these legal expenses, more than the actual legal action, is what causes MDs to leave practice- they cannot afford to continue doing this. Many have asked me what they can do. To properly answer this, I need to explain how OPMC works: The hearings are " closed " . NO outside information, other than the charts themselves, can be admitted. No testimony, no letters from patients, no witnesses are allowed at the appeal, no new scientific articles, NOTHING. For this appeal process, I have to rely on the results of the OPMC hearing I just completed, plus written briefs prepared by my attorney. Again, this brief cannot refer to any new or outside information- just what was already in the first hearing. The final decision of this appeals board is 100% binding. There is no possibility for further appeal, or to go to the civil courts, or to any higher power within the system. Because of these grim realities, my push has been for reform of the system, and fundraising. My briefs have to be submitted within the next two weeks. The decision will be announced sometime in March or April 2002. Until then, I can continue to practice as usual, with no restrictions or changes in my methods of patient care. I have been able to see new patients now that I have more help in the office, and my patients continue to get the best treatment I can give them. Treatment wise, I believe we are making progress, and more of my patients and those of other LLMDs are finally getting well. There is so much for all to be gained if we are allowed to continue to treat Lyme as the chronic infection that it is. Politically, inroads are being made too. The Albany hearing apparently was of tremendous benefit, and all those involved in it deserve major thanks and congratulations. Plans must continue to move forward and maintain the momentum. As we enter the new year, we can look forward to more progress and successes in treating our patients, as long as we are not restricted from doing so by the uninformed or those with other, perhaps secret agendas. To quote once again, one of my friends and mentors- " we will not go away " . Peace and strength to all of you, and best wishes for a happy new year. Dr. B..................! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 1, 2002 Report Share Posted January 1, 2002 My apologies for not reading your post more closely to see what we can do. How will we find out when the NIH meeting in Washington on Lyme will be postposed to? i.e. where do we find the date BEFORE it occurs. It seemes to me that lobbying for the bills before Congress would be most crucial. Thank you for supplying this information. Living in Faith (and some Fog) > > From the NY State OPMC: " Happy New Years Lymies " . > Understandably so, during the Holiday season (Thanksgiving- New Year's) i= > nvolvement in lyme issues by all of us winds down, since we > are busy shoping,visiting family, celebrating, etc.. Well, for those who m= > issed the bad news- Dr. B is NOT off the hook. So, it's time to get back to= > business > and get back to work. > The 4 activist matters before us: Lobbying NY Legislators to stop OPMC pe= > rsecution of LLMDs (ongoing), upcoming NIH meeting on Lyme in Washington (st= > ill indefinately postponed-we must show up and refute the lies), lobbying fo= > r the Lyme bills before Congress in Washington LIFT & LDI (ongoing, you must= > educate yourself and decide which to support), LDF Annual Convention in the= > spring in Connecticut, and a big Lyme Disease Conference in August by the S= > teere Camp to be held in NYC (we must plan a response to refute the propagan= > da- a protest? a " teach out " ?). Other issues may surface as the year comes = > in. Well, for those who missed the news from Dr. B, read below: > From: " ph Burrascano " > Sent: Thursday, December 27, 2001 9:17 AM > Subject: OPMC update from Dr. B > Hello! > I hope you have been able to get some rest and be with loved ones over > the holidays, and at least spend some time not thinking about Lyme, > politics, and all that stuff. > As many of you know, shortly after I heard of the favorable outcome of > my OPMC hearing, the attorney for OPMC filed an appeal against me! An > appeal to reopen the case, with the goal (as previously) to remove my > license, or make some other kind of severe penalty. I learned of this > ONE DAY before the Albany hearings were scheduled to take place. > Interesting timing. > Needless to say, I was very angry! It was good, in retrospect, that I > did not tell everyone at that time, because in my anger I probably would > have said things that I would regret later. Now I've calmed down a bit. > To me, this appeal, which I and my attorney have to address with our own > counter appeal, is a form of harassment. They know they have unlimited > resources and can try to wear me down and/or force me into bankruptcy. > Truly, these legal expenses, more than the actual legal action, is what > causes MDs to leave practice- they cannot afford to continue doing this. > > Many have asked me what they can do. To properly answer this, I need to > explain how OPMC works: The hearings are " closed " . NO outside > information, other than the charts themselves, can be admitted. No > testimony, no letters from patients, no witnesses are allowed at the > appeal, no new scientific articles, NOTHING. For this appeal process, I > have to rely on the results of the OPMC hearing I just completed, plus > written briefs prepared by my attorney. Again, this brief cannot refer > to any new or outside information- just what was already in the first > hearing. The final decision of this appeals board is 100% binding. There > is no possibility for further appeal, or to go to the civil courts, or > to any higher power within the system. > Because of these grim realities, my push has been for reform of the > system, and fundraising. > My briefs have to be submitted within the next two weeks. The decision > will be announced sometime in March or April 2002. Until then, I can > continue to practice as usual, with no restrictions or changes in my > methods of patient care. I have been able to see new patients now that I > have more help in the office, and my patients continue to get the best > treatment I can give them. > Treatment wise, I believe we are making progress, and more of my > patients and those of other LLMDs are finally getting well. There is so > much for all to be gained if we are allowed to continue to treat Lyme as > the chronic infection that it is. Politically, inroads are being made > too. > The Albany hearing apparently was of tremendous benefit, and all those > involved in it deserve major thanks and congratulations. Plans must > continue to move forward and maintain the momentum. > As we enter the new year, we can look forward to more progress and > successes in treating our patients, as long as we are not restricted > from doing so by the uninformed or those with other, perhaps secret > agendas. To quote once again, one of my friends and mentors- " we will > not go away " . > Peace and strength to all of you, and best wishes for a happy new year. > Dr. B..................! > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 1, 2002 Report Share Posted January 1, 2002 The title of this thread is inaccurate and irresponsible. Whether Dr. B. looses his license or has other sanctions imposed by the OPMC remains to be decided. Exaggerations and misstatements are harmful to our cause. This is not the first time that lymeactivist has posted wrong information here. I hope that it will be the last. Please read Ellen's letter carefully for information about what actions are being called for at this time and keep an eye out for updates from her. Thank you. cws > > From the NY State OPMC: " Happy New Years Lymies " . > Understandably so, during the Holiday season (Thanksgiving- New Year's) i= > nvolvement in lyme issues by all of us winds down, since we > are busy shoping,visiting family, celebrating, etc.. Well, for those who m= > issed the bad news- Dr. B is NOT off the hook. So, it's time to get back to= > business > and get back to work. > The 4 activist matters before us: Lobbying NY Legislators to stop OPMC pe= > rsecution of LLMDs (ongoing), upcoming NIH meeting on Lyme in Washington (st= > ill indefinately postponed-we must show up and refute the lies), lobbying fo= > r the Lyme bills before Congress in Washington LIFT & LDI (ongoing, you must= > educate yourself and decide which to support), LDF Annual Convention in the= > spring in Connecticut, and a big Lyme Disease Conference in August by the S= > teere Camp to be held in NYC (we must plan a response to refute the propagan= > da- a protest? a " teach out " ?). Other issues may surface as the year comes = > in. Well, for those who missed the news from Dr. B, read below: > From: " ph Burrascano " > Sent: Thursday, December 27, 2001 9:17 AM > Subject: OPMC update from Dr. B > Hello! > I hope you have been able to get some rest and be with loved ones over > the holidays, and at least spend some time not thinking about Lyme, > politics, and all that stuff. > As many of you know, shortly after I heard of the favorable outcome of > my OPMC hearing, the attorney for OPMC filed an appeal against me! An > appeal to reopen the case, with the goal (as previously) to remove my > license, or make some other kind of severe penalty. I learned of this > ONE DAY before the Albany hearings were scheduled to take place. > Interesting timing. > Needless to say, I was very angry! It was good, in retrospect, that I > did not tell everyone at that time, because in my anger I probably would > have said things that I would regret later. Now I've calmed down a bit. > To me, this appeal, which I and my attorney have to address with our own > counter appeal, is a form of harassment. They know they have unlimited > resources and can try to wear me down and/or force me into bankruptcy. > Truly, these legal expenses, more than the actual legal action, is what > causes MDs to leave practice- they cannot afford to continue doing this. > > Many have asked me what they can do. To properly answer this, I need to > explain how OPMC works: The hearings are " closed " . NO outside > information, other than the charts themselves, can be admitted. No > testimony, no letters from patients, no witnesses are allowed at the > appeal, no new scientific articles, NOTHING. For this appeal process, I > have to rely on the results of the OPMC hearing I just completed, plus > written briefs prepared by my attorney. Again, this brief cannot refer > to any new or outside information- just what was already in the first > hearing. The final decision of this appeals board is 100% binding. There > is no possibility for further appeal, or to go to the civil courts, or > to any higher power within the system. > Because of these grim realities, my push has been for reform of the > system, and fundraising. > My briefs have to be submitted within the next two weeks. The decision > will be announced sometime in March or April 2002. Until then, I can > continue to practice as usual, with no restrictions or changes in my > methods of patient care. I have been able to see new patients now that I > have more help in the office, and my patients continue to get the best > treatment I can give them. > Treatment wise, I believe we are making progress, and more of my > patients and those of other LLMDs are finally getting well. There is so > much for all to be gained if we are allowed to continue to treat Lyme as > the chronic infection that it is. Politically, inroads are being made > too. > The Albany hearing apparently was of tremendous benefit, and all those > involved in it deserve major thanks and congratulations. Plans must > continue to move forward and maintain the momentum. > As we enter the new year, we can look forward to more progress and > successes in treating our patients, as long as we are not restricted > from doing so by the uninformed or those with other, perhaps secret > agendas. To quote once again, one of my friends and mentors- " we will > not go away " . > Peace and strength to all of you, and best wishes for a happy new year. > Dr. B..................! > > > Quote Link to comment Share on other sites More sharing options...
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