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NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC., SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS, MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., M.B.A., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA, AISHA GARDNER, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
The year is 2004
The provided documents from the Association of Black Physicians (ABP) outline the organization’s concerns regarding systemic attacks against Black physicians, often under the guise of peer review or credentialing processes.
They assert that these attacks are disproportionately aimed at Black medical professionals, usually stemming from economic competition rather than legitimate quality-of-care issues.
The ABP highlights specific cases where Black physicians faced professional setbacks despite strong evidence in their favor, suggesting a need for reform in how medical boards and review processes operate to prevent biased and unfair treatment.
The documents also reference the Health Care Quality Improvement Act of 1986 (HCQIA), arguing its intended purpose has been corrupted to allow for “punitive acts” against physicians through the application of its immunity clause.
SYSTEMIC ATTACKS AGAINST BLACK PHYSICIANS, OFTEN UNDER THE GUISE OF PEER REVIEW OR CREDENTIALING PROCESSES.
Joe Webster, MD, Alpha Phi Alpha (ABP Coalition) Protecting Black Physicians from Malicious Attacks
I’m beyond proud to share a powerful piece of our legacy. My father, Dr. Joseph Webster, MD, MBA—former FAMU National Alumni President—has just released his new book, “Mud’dah: A Tapestry of Strength and Resilience.”
This isn’t just a story—it’s our story. Rooted in the woods of Monticello, FL, my grandmother—armed with nothing but love and faith—raised a family that produced 2 MDs, a master’s degree, and 2 PhDs.
“Mud’dah” is a celebration of Black motherhood, grit, and the kind of strength that turns humble beginnings into generational greatness. It’s the kind of story that makes you proud to say: We are FAMU.
“..Let’s support this powerful narrative and honor the women who built us..”
Detailed Timeline
Pre-approximately 18 months prior to the document’s date:
The Health Care Quality Improvement Act of 1986 (HCQIA) is, in effect, intended to encourage self-policing in healthcare through meaningful peer review to improve the quality of care.
The National Physician Data Bank (NPDB) is in operation. It is designed to prevent incompetent physicians who have been revealed through malpractice claims or other issues from moving from state to state without disclosure.
regulatory racism
The practice of medicine has become economically competitive, with credentialing processes becoming more rigorous, discriminatory, and eliminating.
“Sham Peer Review” becomes a common tactic, where peer review immunity is used as a defense for accusers and credentialing organizations, often with economic competition as an underlying motive.
Some black physicians are already facing challenges related to peer review, credentialing, and actions by state medical boards.
Approximately 18 months before the document’s date:
The Association of Black Physicians (ABP) was formed with the idea that black physicians are coming under attack more than their white counterparts and should be held to the same standard.
Period leading up to the document’s date (attacks on black physicians are ongoing):
Cases of individual black physicians being targeted become prevalent: Dr. Cyril Ovuworie (Nevada): A nephrologist accused of bad faith peer review at Sunrise Hospital in Las Vegas. He faces a fiercely competitive rival nephrology group, and his spouse is also a competing nephrologist. He is forced to spend significant legal fees despite winning his case, as the judge denies his attorney’s fees.
His case highlights the issue of Medicare fraud accusations and the need to compel US attorneys involved in Medicare fraud cases to provide details. The situation has been resolved locally with the assistance of the ABP.
Nelson MandelaIt: It is not our diversity that divides us; it is not our ethnicity, religion, or culture that divides us. Since we have achieved our freedom, there can only be one division amongst us: between those who cherish democracy and those who do not.
Nelson Mandela
Dr. Ezeanolue (Nevada): Attacked by the Nevada State Board of Medical Examiners, accused of Medicare fraud. He is forced to pay a $7500 fine and reverse a finding based on a 7-1 vote by the board despite the majority finding no wrongdoing. The ABP refers to this as the “Unholy Inquisition.”
The Chube brothers,
The Chube brothers, Craig and David (Indiana): Accused of writing prescriptions without seeing the patients, and a false accusation on appeal. The judge dismisses the case as a civil standard instead of a criminal standard. The situation has been resolved locally with the assistance of ABP.
Dr. D.C. (California): Accused of Medicare fraud, but nurses’ notes confirm he saw all the patients he billed for.
Dr. W.C. (Maryland): Accused of Medicare fraud.
Dr. D.E. (Nevada): Attacked by the Unholy Inquisition.
Dr. A.J. (Georgia – Resident in Mississippi): Faces complications of surgery and has privileges revoked but reinstated with the NPDB report still issued. The situation has been resolved locally with the assistance of ABP.
Dr. O.J. (Georgia): Privileges suspended at one hospital because he was doing so well that his competitor decided to remove him. No due process, no ability to face his accusers. The situation has been resolved locally with the assistance of ABP.
Dr. J.P. (Texas): An 82-year-old diabetic with heart failure. Accused of delaying surgery, but a preeminent surgeon (Mark Walker, MD) finds no fault and no merit to the hospital’s charges.
Dr. K.W. (Georgia): When asked by his hospital to cover the emergency room (ER) for general surgery, he does so. A white surgical group decides they want him back in the ER, and he is dismissed using bad-faith peer review.
Dr. M.G. (Nevada): Privileges suspended at University Medical Center in Las Vegas. The intervention of the local chapter, with the national assistance of ABP, resolved the situation.
TULSAFICATION
Dr. I.G. (California – Resident in Kansas): Falsely accused by California of missing a C-spine injury, when in fact he is the one who discovered it. California disregards its own expert, who told it Dr. I.G. was correct.
Dr. A.J. (North Carolina): Editor of SNMA news, subject to a long-time SNMA & NMA member. Under attack because of her reporting on anesthesia Medicare fraud. Defended by ABP.
Drs. H.M. (Georgia – Resident in Florida): Cases in question reviewed by Doctors Callender, Organ, and Kirton, as well as Doctors Hoover and Weaver. No fault found. The hospital refuses to reinstate.
Dr. C.M. (Nevada): Las Vegas urologist accused of inappropriate behavior in the emergency room. The investigation reveals that charges were brought to prevent him from being named Chief of Urology at one of the sister hospitals.
Dr. B.R. (Hawaii): Kaiser Healthcare Group attempts to renege on pension and profit-sharing plans. Accused of patient mismanagement, but no merit in the claims is found.
Dr. R.A. (Georgia – Resident in Mississippi): Urologist. The patient faces post-operative bleeding. Blame is shifted from the nursing staff to the physician for adverse morbidity, not mortality.
Dr. O.K. (New York): Interventional cardiologist. Attacked simply for economic reasons.
Dr. M.A. (New York): License suspended over Ob/Gyn issues. Reviewed by Vernon Smith, MD; issues do not rise to the level of license suspension.
Dr. L.B. (Florida): Information gathering in process regarding his situation.
Dr. K.M. (Kansas): Accused of placing an emergency vascular access subclavian catheter in a subclavian artery. This is often done inadvertently, and in cases of emergency is acceptable for a limited amount of time.
Dr. G.M. (Washington D.C.): Privileges suspended from Washington Hospital Center for three cases. Summaries reviewed show them as examples of Sham Peer Review.
Dr. N.N. (Maryland): Accused regarding the use of pericardial windows versus aspiration of the pericardial (both acceptable).
Dr. C.P. (New York – Resident in Georgia): Radiologist in Kentucky accused of using “boiler plate” dictation technique. Every radiologist practices. No fault found. ABP involved.
Dr. F.W. (California): Accused by the State of Kentucky of illegally writing controlled substance prescriptions (unverified). ABP is beginning to look into the circumstances.
Dr. M.D. (Louisiana): The most recent black orthopaedic surgeon in Shreveport, LA. Suspended by the hospital (Lane Regional Medical Center). Had to be reinstated due to lack of evidence. Lawsuit in progress documented by sworn testimony, nurses making racial epithets, and plotting to sabotage his surgical cases. Recently referred to the ABP, and will be followed up.
Studies on physician discipline emerge: A recent article in Hartford Current indicates that graduates of Howard, Meharry, and Morehouse (historically black colleges/universities) are more often disciplined by state boards than any other schools, including those in Mexico and the Philippines. This study is later found to be flawed and wrong by Meharry.
A “pipeline” that needs to be addressed.
Document’s Date (Speech/Presentation by the Association of Black Physicians):
The ABP is actively representing black physicians and advocating on their behalf to Congress and other stakeholders.
They highlight that these attacks are a “slaughterhouse” for black physicians, serving as a “pipeline” that needs to be addressed.
The ABP argues that peer review immunity under HCQIA has been misapplied and weaponized against black physicians, becoming a “punitive act” instead of an “improvement act.”
They advocate for an amendment to the 1986 HCQIA to restore its original intention and for judicial review of peer review decisions.
The ABP calls for reforms to the National Physician Data Bank (NPDB), recommending relevant entries, accessible entries for physicians, and a methodology for countermanding false entries, as well as penalties for improper use of the NPDB.
They address “Medicare Fraud” as a second point of attack on black physicians, particularly through cases like Dr. Ovuworie’s and Dr. Ezeanolue’s.
The third attack level involves state medical, DENTAL, AND PHARMACY boards
The third attack level involves state medical boards, often accusing black physicians of malpractice when the individual is doing well and is a competitive threat.
The ABP emphasizes that black physicians are subjected to “double jeopardy” through peer review, de-credentialing, and National Physician Data Bank reporting, leading to restrictions on their licensure.
They conclude by requesting a broader and more detailed meeting to discuss the issue of attacks on black physicians.
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A mural I captured in Cape Town, during a visit to South Africa, featuring a quote from Nelson Mandela written in black spray paint on a blue wall, reading: ‘The Greatest Glory in Living Lies not in never Falling, but in Rising every time we Fall.’
