Psychologist Medea Woods scheduled for November ’11 Medicaid fraud trial

On or about April 15, 2011, psychologist Medea Woods, who formerly practiced in Madison, Indiana, had a pretrial hearing in Jefferson County Circuit Court on criminal charges of Medicaid fraud.

Woods, who currently lives in Wyoming, is accused of billing the Medicaid program more than $350,000 for patient therapy sessions that prosecutors say never took place.

From 2002 to 2007, Wood offered psychologist services from her business, Burnham Woods Counseling North, Inc. and from her home.

According to a court affidavit, an audit of Wood’s Medicaid claims found that Wood submitted and inordinately high amount of claims.  She was unable to produce 15 of the 41 records sought by auditors.

The Attorney General Medicaid Fraud Control Unit’s (MFCU) investigation found that Woods bills for multiple therapy sessions for the same patient taking place on a single day or during the same week—more frequently than her patients reported receiving services—and that she allegedly billed multiple claims for patients she only saw once.

She also is alleged to have billed for weekend therapy sessions that either did not occur or involved activities such as riding or care for her horses that don’t qualify as psychotherapy under Medicaid.

Finally, the MFCU found that the majority of claims Woods submitted lacked evidence that she legitimately provided services, constituting a loss to the Medicaid program of more than $350,000.

She is scheduled for trial November 15, 2011.

Source: Evan Shields, “Hearing held for psychologist charged with Medicaid fraud,” The Madison Courier, April 15, 2011.

Psychologist Matthew Israel, founder of autism shock treatment school, forced to quit

The founder of a controversial school that treats severely autistic and emotionally disturbed children by shocking them into submission with the use of electrodes has been forced to quit the institution and serve five years’ probation.

Matthew Israel, a Harvard-trained psychologist, has created a treatment that is unique to the US and possibly the world. The Judge Rotenberg Center, just outside Boston, disciplines its students using a punishment machine that Israel invented called the GED, which gives a two-second electric shock to the skin of up to 90 milliamps.

At the centre, which was profiled by the Guardian earlier this year, students wear backpacks around the clock with the GED electric generators inside them, and are zapped using remote control devices controlled by their carers. In some cases, they are shocked as often as 30 times a day as a means of dissuading them from behaviour deemed dangerous to themselves or others.

The criminal charges brought against Israel relate to an incident in August 2007 at one of the school’s residential homes where students sleep at night. A call came in from someone posing as an authorised supervisor, who informed the carers on duty that two teenagers had misbehaved and should be given shock treatment.

At 2am, the boys were strapped on boards and given multiple shocks. One of the boys, aged 18, was shocked 77 times over a three-hour period and the other boy, aged 16, was shocked 29 times. It was later discovered that the initial call had been a hoax.

The Massachusetts attorney general, Martha Coakley, indicted Israel over allegations that he ordered his staff to destroy video evidence that revealed exactly what happened that night. Prosecutors had previously ordered that the video recordings from the home were preserved.

“Dr Israel then attempted to destroy evidence of the events and mislead investigators, and that conduct led to his indictments today. Today’s action removes Dr Israel from the school and should ensure better protection for students in the future,” Coakley said.

The conviction is a substantial blow to Israel, who has weathered a storm of protest about his controversial methods for 40 years. He announced his retirement from the school on 2 May, without referring to the pending criminal case. He said he was moving to California, where his wife Judy lives.

“I am now almost 78 years old, and it is time for me to move over and let others take the reins,” he said in a resignation letter.

But his departure will not materially change the way the school operates, crucially its technique of disciplining children by meting out electric shocks as a form of supposedly therapeutic punishment. Of the school’s 225 students, 97 are currently on the electric shock regime.

The terms of the plea deal struck between Israel and the prosecutors require the school to introduce additional monitoring to prevent a similar lapse of security happening again. But the shocks themselves can continue.

“The case was only about Israel’s conduct, it did not address the way the school is run,” a spokesman for the attorney general’s office said.

Laurie Ahern of Disability Rights International, which has been a persistent critic of the school, said that without an end to the shocks, Israel’s departure would be irrelevant. “I don’t see any radical change at the moment.”

Hillary Cook, who spent three years at the school until 2009, and who was regularly shocked, said that whatever happened to Israel, she wanted to see the regime of shocks abolished. “I’m just worried about the kids who live there, because I know what it’s like. They say the shocks are like a bee sting, and believe me they are not. It should be illegal to physically harm children and disabled people in this country.”

The school has been a subject of huge controversy over past decades, with regular attempts to shut it down. Last year its use of electric shocks was attacked as a form of torture by the UN rapporteur on torture.

In February, the justice department opened an investigation into the school after it received a complaint alleging the centre had violated disability laws.

Despite the negative publicity directed at him, Israel managed to keep operating for so long partly because he had the vociferous support of parents of severely autistic children at the school.

The centre rarely uses drugs on its students, in contrast to many other homes for autistic people where heavy doses of psychotropic drugs are prescribed. At the time of Israel’s resignation, Louisa Goldberg, whose son has been on the shock regime for the past 11 years, said that “Dr Israel’s pioneering efforts have given our child back his life and we are extremely grateful for all that he has done for our family.”

Source: Ed Pilkington, “Founder of electric shock autism treatment school forced to quit,” www.guardian.co.uk, May 25, 2011.

UK psych professor’s “research” belittles black women; Students, activists call for his removal

AN ACADEMIC at one of Britain’s most reputable universities has come under fire over his ‘research’ supporting the idea that black women are less attractive than other races.

An inflammatory blog from London School of Economics (LSE) psychologist Satoshi Kanazawa was hurriedly removed from the US-based Psychology Today website on Monday (May 16) just hours after it was posted. Kanazawa has a history of racially-charged research and has been attacked for using flawed science to promote racist stereotypes, including the claim that sub-Saharan Africans have poor health because of low IQ and not poverty.

Fed-up students, graduates and academic contemporaries are now demanding that the LSE reconsider his position at the institution. Professor Paul Gilroy, a sociology lecturer at the LSE and author of seminal text There Ain’t No Black in the Union Jack, said: “Kanazawa’s persistent provocations raise the issue of whether he can do his job effectively in a multi-ethnic, diverse and international institution. “If he announces that he thinks sub-Saharan Africans are less intelligent than other people, what happens when they arrive in his classroom? What happens when they feel that they cannot take his classes because of his widely publicised opinions?” He added: “The LSE risks disrepute if it fails to take a view of these problems.”

Kanazawa based his piece on the findings of a survey of men and women across the races who were asked to rate each other’s attractiveness. Black women scored the least, even though they marked themselves highly.

Among the criticisms was his motivation for the research, the lack of scientific grounding and a lack of context. He did not explore the idea that women were measured against the dominant European ideals of beauty. Kanazawa, whose website carries the slogan ‘prepare to be offended’, was himself unable to draw any serious conclusion. After musing it had nothing to do with black women’s ‘lower IQs’, or because they were ‘much heavier on average’ than women of other races, he added: ‘The only thing I can think of that might potentially explain the lower average level of physical attractiveness among black women is testosterone. ‘Africans on average have higher levels of testosterone than other races… Women with higher levels of testosterone have more masculine features and are therefore less physically attractive.’

A campaign group has been formed calling for an end to Kanazawa’s tenure at the leading institution.

Women’s rights activist Rukayah Sarumi, who co-founded LSE: Home of the Racist Academic. Say No, said: “This kind of pseudo science is not only dangerous for black women, but society as a whole. When racism is given legitimacy through the power of science, it emboldens racist and prejudiced organisations and adversely affects the confidence and esteem of young black people. This is not the kind of thing that can be allowed to fester in a progressive society.”

The group is now preparing a petition and an open letter to Psychology Today to deman an apology for publishing the article.

Source: Elizabeth Pears, “Academic slammed over ‘black women less attractive’ research,” Voice Online, May 16, 2011.

Spaulding University psychologist James Cooksey suspended for violation with supervisee

On March 7, 2011, the Commonwealth of Kentucky Board of Examiners in Psychology suspended James J. Cooksey for one year with nine months of the suspension probated for three years.

According to the Board’s Final Order, Cooksey was found to have exercised undue influence in such a manner as to exploit a student or supervisee and to have committed incompetence or negligence in the practice of psychology.

Specifically, the Board found that Cooksey engaged in inappropriate personal discussions with a supervisee, as well as inappropriate physical contact (a massage) with the supervisee, to gratify his own personal emotional needs.

Following his three-month suspension, he is not permitted to supervise any student or anyone providing psychological services and must be supervised in his own practice for at least two years by a Board-appointed psychologist supervisor.

He is also required to pay penalties to the Board totaling $1,250 for his violations and must also pay the Board its costs for the disciplinary proceedings against him.

Source: Final Order of the Board, Kentucky Board of Examiners of Psychology vs. James J. Cooksey, Ph.D., License Psychologist No. 309, Agency Case No. 09-08, Administrative Action No. 10-KBEP-0143.

Tennessee psychologist Lorne Semrau sentenced to 18 months prison for fraud

On March 21, 2011, Tennessee psychologist Lorne Allan Semrau was sentenced in federal court to 18 months in prison.

Semrau was convicted last June 17, 2010 of three counts of submitting false and fraudulent claims to the Tennessee and Mississippi Medicaid and Medicare programs.

Semrau is the former owner, president and CEO of businesses called Superior Life Care Services and Foundation Life Care Services.

The 2007 indictment against him states that he contacted with nursing homes in Mississippi and Tennessee to provide medication and mental health services and then contracted with psychiatrists to perform the services.  He implemented a billing scheme to defraud Medicaid, Medicare and others by submitting claims for $3 million in services that were not provided and claims he knew were false.

Terms of his sentence include restitution to Medicaid and Medicare of $254,435.

Source: “Psychologist convicted of false billings,” The Jackson Sun, June 29, 2010 and “United States District Court Sentences Psychologist for False Billings to Medicare/Medicaid,” press release of the U.S. Department of Justice, Federal Bureau of Investigation, Memphis, Tennessee, March 21, 2011.

Texas will not discipline CIA psychologist despite “thousands of pages of evidence”

DALLAS — The Texas agency that licenses and oversees psychologists has dismissed a complaint against a major figure in the CIA’s post-Sept. 11 interrogations.

The Texas State Board of Examiners of Psychologists dismissed the complaint against Jim Mitchell after considering the matter at a meeting Feb. 10, according to documents obtained Friday by The Associated Press.

The board said there wasn’t enough evidence to prove Mitchell violated its rules. Former U.S. intelligence officials have said he was involved in waterboarding two suspected terror suspects in overseas prisons.

Mitchell, a retired Air Force psychologist, lives in Florida but is licensed to practice in Texas.

The complaint against Mitchell contended he tortured prisoners in U.S. custody, including Abu Zubaydah, a suspected al-Qaida facilitator who was badly wounded after his 2002 capture in Pakistan. Zubaydah was waterboarded at least 83 times, sometimes as much as three times per interrogation session, according to the complaint.

Sherry Lee, the agency’s executive director, said Texas law prohibits the board from disclosing anything about a complaint unless it results in disciplinary action.

Henry Schuelke, an attorney representing Mitchell, said neither he nor his client could comment. He also cited the confidentiality of the proceedings.

The board’s ruling was made two days after a hearing closed to the public in which three board members considered the complaint as well as Mitchell’s response.

Jim Cox, a San Antonio psychologist who was one of the complainants, said Friday that the board made its decision despite thousands of pages of evidence, including sworn testimony, tying Mitchell to practices that violate professional ethics.

“I don’t know what to make of it,” Cox said. “The board is empowered to protect citizens from the misdeeds of psychologists. That’s their only function. And as far as I can tell, they dropped the ball on this one.”

The other complainants were Dicky Grigg, an Austin attorney who represented three terror suspects imprisoned at Guantanamo Bay, and Joseph Margulies, a Northwestern University law professor who served as Zubaydah’s civilian attorney.

In dismissing the complaint, Texas falls into line with other states that have determined they won’t pursue cases against psychologists linked to questionable interrogation methods in the post-Sept. 11 era.

Boards in Ohio and Louisiana have decided not to take action against Larry James, a retired Army psychologist who has been accused of observing abusive interrogations of detainees at Guantanamo without doing anything to stop them.  And New York’s Office of Professional discipline has declined to pursue an investigation of John Leso, an Army psychologist accused of developing abusive tactics used at Guantanamo.

The Texas case had particular significance because the American Psychological Association wrote a letter to the board saying Mitchell’s conduct, as detailed in the complaint and media reports, was “unique in the scope of misperception and harm” it caused the profession.

Representatives of the organization didn’t immediately respond to messages from the AP seeking comment on the board’s decision.

Source: Danny Robbins, “Texas board won’t discipline CIA psychologist,” Houston Chronicle, February 25, 2011.

State puts psychologist Laura Jean Petracek on probation for false billings

On August 23, 2010, the California Board of Psychology placed psychologist Laura Jean Petracek’s license on probation with terms and conditions.

The Board’s document states that in March 2006, Petracek was contracted as a member of the provider network of the Alameda County Behavioral Health Plan (ACBHP) of Alameda County Behavioral Health Care Services (ACBHCS) to provide services to their clients.

In October 2006, an auditor from ACBHP/ACBHCS visited Petracek’s office and requested she make all of her charts available but she did not comply.  Later that month she produced her complete charts.

In January 2007, the ACBHCS sent Petracek written notice of its intent to revoke her privileges with the provider network.  In March 2007, the Board received a Health Facility Reporting Form from ACBHP/ACBHCS in which it was reported that Petracek’s membership in their network was terminated or revoked March 13, 2007 due to non-compliance, as evidenced by their audit finding.

The ACBHP/ACBHCS audit of Petracek’s claims over a five-month period between April 14, 2006 and September 14, 2007 revealed that she’d billed for clinical services for seven clients that were not actually provided.

It was also found that during that period, Petracek had created false records of therapy sessions for five clients that were not provided, among other things.

Source: Stipulated Settlement and Disciplinary Order in the Matter of the Accusation Against Laura Jean Petracek, Ph.D., Psychologist License No. PSY 20033, Case No. 1F 2007 185290, OAH No. 2010 060910, California Board of Psychology.

State disciplines psychologist Alane Miller Howell for failing to deliver reports parents paid for

On March 27, 2010, The California Psychology Board placed Alane Miller Howell, Ph.D. on probation for five years with terms and conditions after finding she had committed unprofessional conduct, repeated negligent acts and multiple counts of gross negligence.

According to the Board’s document, Howell accepted fees to conduct psychoeducational assessments of students and to provide written final reports but failed to provide the reports and failed to respond to repeated requests for the reports, providing only after the client’s had filed complaints with the Board of Psychology.

Specifically, the document details three occasions with three different sets of parents in which Howell agreed to conduct the assessment and provide a written report, accepted timely payment of $2,500 for each assessment, conducted the assessments but then continuously failed to provide the report and failed to communicate professionally with the parents, despite their repeated requests.

Further, the document states that reports Howell did provide (only after a Board investigation was started) contained inconsistencies or were provided so late as to be useless for the purpose for which they were intended (such as with regard to making accommodations for students taking the SAT).

Terms of Howell’s probation include the monitoring of her practice by a Board-approved monitor about which Howell is required to notify patients (as the monitor will review patient files), restitution of $2,500 to each of two sets of parents and $10,000 to the Board for the costs of its investigation.

Source: Stipulated Settlement and Disciplinary Order and First Amended Accusation in the Matter of the Accusation Against Alane Miller Howell, Ph.D., Psychologist License No. PSY 12102, Case No. 1F 2006 176054, California Board of Psychology.

Story used with permission of Citizens Commission on Human Rights International.

State places psychologist Christopher M. Saindon’s license on probation following DUI-collision conviction

On June 23, 2010, the California Psychology Board placed Christopher M. Saindon, Ph.D. on probation for five years based on having been criminally convicted of driving with a blood alcohol content of 0.08% and inflicting great bodily injury to another.

The Board’s document explains that the police officer at the scene of a collision involving Saindon determined that “Due to [his] level of intoxication, [he] was driving [his vehicle] northbound in the southbound traffic lane and the front end of [his vehicle] collided into the front end of [the other driver’s vehicle].”

He was sentenced in January 2009 to three years in prison, with imposition of sentenced suspended, and was placed on a three-year formal probation with terms including enrollment in a live-in sober living program for 365 days and payment of a fine of $1,565.

Source: Stipulated Settlement and Disciplinary Order in the Matter of the Accusation Against Chris Saindon, Ph.D., Psychologist Certificate No. PSY20141, Case No. 1F 2007 186395, California Board of Psychology.

Story used with permission of Citizens Commission Human Rights International.

California psychologist Barton Rubin placed on license probation for five years

On June 8, 2010, the California Board of Psychology placed Barton H. Rubin, Ph.D. on probation for five years for the charges of dishonesty, corruption, fraud, unprofessional conduct, and gross negligence.

According to the Board’s Accusation, the California Victim Compensation and Government Claims Board (“VCGCB”) filed a complaint with the Psychology against Rubin, alleging that he had billed and was paid for 36 therapy sessions in the amount of $3,240.

VCGCB initiated its investigation after being contacted by three claimants with concerns that Rubin was billing VCGCB for sessions which they did not attend.

All sessions in question were purportedly delivered by one of Rubin’s psychology interns.

VCGCB requested documents from Rubin to substantiate the 30 treatments delivered to “Patient D.”  On subsequent contact Rubin represented that he mailed them but after two months VCGCB had not received anything.  VCGCB then filed a complaint with the Psychology Board.

When VCGCB finally did received the requested treatment notes, their staff unanimously found them to not be original notes, but reconstructed ones, insufficient to overcome the allegations of the claimants.

VCGCB sent the Psychology Board a copy of the “notes.”  However, the Psychology Board made a new request to Rubin, requesting the therapy notes for Patient D.  Rubin responded to the Psychology Board that he had repaid the VCGCB the full amount for services provided to “D” but did not provide the treatment notes to the Psychology Board.  The Psychology Board engaged the investigative services of the California Medical Board.

An investigator from that Board made a request for certified copies, Rubin responded with a declaration that did not have the requested records, representing that he was unable to locate them; that his intern would have been responsible for keeping the records and she would have had no motive to overbill since she worked for free (as interns do), among other things.

In an investigative interview with Medical Board investigators, Rubin admitted that his supervision of interns was not done according to the standard of practice.

When confronted with the “notes” he’d provided VCGCB (after advising the investigator that he did not have any records for “D” or was unable to locate them), he admitted he had fabricated the notes—notes for sessions he had not even been present at because, as the document states, “Patient D did not have any counseling sessions by Dr. Rubin or through a psychological assistant” during most or all of the dates that Rubin billed for.

Terms of Rubin’s probation include repayment to the Board of $24,331 for its costs of investigation and the imposition of a billing monitor and must notify current and potential patients of any term or condition of probation which will affect their therapy or confidentiality of their records (such as having a billing monitor).

Source: Stipulated Settlement and Disciplinary Order in the Matter of the Accusation Against Barton Harris Rubin, Ph.D., Psychologist’s License No. PSY 11017, Case No. 1F 2007 183054, California Board of Psychology.

Story used with permission of Citizens Commission on Human Rights International.