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February 26, 2021
The Third Circuit denied an appeal on Thursday by four physicians, who originally sued the American Board of Internal Medicine (ABIM) over allegations of unjust enrichment, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), and violations of Sections 1 and 2 of the Sherman Act.
The essential argument of internal medicine physicians Gerard Kenney, Alexa Joshua, Glen Dela Cruz Manalo, and Katherine Murray-Leisure was that “ABIM forces internists who purchase an initial certification to also purchase ABIM’s maintenance of certification product,” the court explained.
Nonprofit ABIM is one of 24 members of the American Board of Medical Specialties (ABMS) that offers certifications for medical specialties. Since 1990, ABIM has offered time-limited certifications that require internists to pass an exam and complete other requirements every 10 years in order to renew their certification, known as a maintenance of certification (MOC). The requirements have changed over time, and now, ABIM-certified physicians must pay an annual fee plus an MOC exam fee in order to test for recertification, the filing noted.