OCA recently won a matter against a Dr. Cupo, and thoughtfully posted it on their blog.  (www.orthodon.com, and click the "look who's blogging" tab.)  It seems like they are always happy to post any victories against unhappy doctors, but fail to note significant instances where they lose a relevant case?

 

OCA signed a BSA with Drs. Meader and Hassel in Washington State in the 1990s.  According to the recent written decision by Judge Vance, they were charged 50% of profits, plus $22.22 per patient hour for management services by OCA.  The doctors challenged the BSA in the New Orleans bankruptcy court.  As previous courts had found in the Engst and Nicholson cases, Judge Brown agreed that the BSA was illegal under Washington law.  Not being happy with the ruling, OCA appealed to the New Orleans District Court of Judge Vance.  On March 11 (the same day as the Cupo ruling,) Judge Vance rejected OCA's appeal and affirmed the ruling by the bankruptcy court.

 

At least some attorneys feel that this ruling could be applied to other states and perhaps to the current appeal in the Fifth Circuit regarding the legality of the OCA contract under Texas law?

 

For anyone interested, I've attempted to attach the ruling by Judge Vance in its entirety.  Don't hold your breath waiting for OCA to post it on their blog with accopanying link to the actual ruling.

 

The forgoing is entirely my own, personal opinion.  For legal advice, consult a licensed attorney.

 

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