Becker's Spine Review

61 HEALTHCARE NEWS Pain physician's alleged billing fraud not covered under anti-SLAPP statute, court rules By Alan Condon A California appellate court rejected an anti-SLAPP motion filed by Sonny Rubin, MD, aer Allstate Insurance alleged that the physician prepared fraudu- lent medical reports and billing statements to support insurance claims, according to a court opinion posted on Justia. Six notes: 1. Dr. Rubin controls two medical compa- nies — Sonny Rubin, MD, Inc., and Coastal Spine and Orthopedic Specialists in Newport Beach, Calif. — with a portion of lien pa- tients referred to him by attorneys, according to court documents. 2. In filing his anti-SLAPP motion, intended to curb frivolous lawsuits against people who are exercising their First Amendment rights, Dr. Rubin argued that the preparation and submission of the medical reports and bills to insurance were protected litigation activities. 3. However, Dr. Rubin's practice failed to pro- vide evidence establishing the written medical reports or billing statements for its lien pa- tients were made "in anticipation of litigation contemplated in good faith and under serious consideration," according to court documents. 4. e court said that filing alleged false insurance claims is a generally not protected right-to-petition activity under the statute. 5. e court ruled that Dr. Rubin's reports and bills were not protected activity because they expressly reference settlement, which acknowledges the possibility that Dr. Rubin's patients will resolve claims outside of the court; there was no evidence the reports and bills were intended to be evidence of dam- ages in litigation; and physicians regularly prepare notes or reports and bill for their treatment. 6. e court concluded that the documents were prepared in the regular course of busi- ness and therefore are not protected activity. n Top 15 nonmedical side gigs for physicians By Laura Dyrda T he most common nonmedical side gig for physi- cians is real estate, according to a July 14 report in Medscape. The publication conducted an online survey of 1,804 phy- sicians who had side gigs beyond their medical practices. The top 15 nonmedical side gigs are: 1. Real estate: 21 percent 2. Investing and/or investing advice: 19 percent 3. Advice or consulting: 12 percent 4. Teaching: 11 percent 5. Writing: 8 percent 6. Sports: 5 percent 7. Business consultant: 5 percent 8. Social media influencer or blogger: 4 percent 9. Cooking or food preparation: 3 percent 10. Playing music or singing: 3 percent 11. Life or career coaching: 3 percent 12. Photography: 3 percent 13. Podcasting and blogging: 2 percent 14. Software and electronics: 2 percent 15. Raising, breeding or training animals: 2 percent n Most common bad workplace behaviors from physicians By Patsy Newitt S eventy-nine percent of surveyed physicians have witnessed another physician making fun of or dispar- aging patients without their knowledge, according to Medscape's new report, "Physicians Behaving Badly: Has It Gotten Worse?" Medscape surveyed more than 2,000 physicians for a re- port on the extent and nature of bad behavior among phy- sicians in the past five years. Here's the bad behavior physicians have witnessed most in the workplace: 1. Bullying or harassing clinicians/staff: 80 percent 2. Making fun of or disparaging patients unbeknownst to the patient: 79 percent 3. Using racist language: 54 percent 4. Becoming physically aggressive with patients, or clini- cians or staff: 40 percent 5. Bullying or harassing patients: 38 percent 6. Lying about credentials: 30 percent 7. Trying to date a patient: 29 percent 8. Committing a crime: 19 percent n

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