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IARP CONNECT Code of Conduct

  • 1.  Future Medical Care Analysis

    Posted 11-22-2016 16:06

    Here is a new one on me, so I am asking If I am missing something or not.

    I have run across another Life Care Planner who indicates he does not do LCP's, but does Future Medical Care Analysis studies.  Accordingly, he does not feel he needs to adhere to our Standards of Practice.  As you might guess, he has little training in LCP's.  He does not feel he has to have medical foundation if the recommendation is common sense i.e. If the physician feels PT, OT is needed, he feels trained to define frequency and duration.  Often, the recommendation is not in the medical records. 

    Thoughts please, with advanced thanks!

    At this time of the year, I wish to express my thanksgiving for this forum!!!!

    Bob Gisclair

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    Bob Gisclair
    Rehab Counselor, Certified Life Care Planner
    boba@gisclair.com
    Baton Rouge, LA United States
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  • 2.  RE: Future Medical Care Analysis

    Posted 11-22-2016 16:15
    Bob -

    My thought would be to ensure you delineate your methodology - which is generally accepted and peer reviewed and is also in adherence to Standards of Practice.

    The Future Medical Care Analysis should come from generally accepted and peer reviewed literature which can be routinely relied upon by experts in the subspecialty practice. I would wonder if they have outlined or can outline the methodology and cite its source.

    I would also be curious of this person's background, training and experience?  If not someone who prepares life care plans, are they any of the professionals cited in the literature who prepare and coordinate LCPs?

    My thought is to stay in your lane and make them stay in theirs.

    Happy Thanksgiving!

    Cloie

    Cloie B. Johnson, MEd
    cloie@osc-voc.com
    OSC Vocational Systems Inc.
    10132 NE 185th St.
    Bothell, WA 98011

    425-949-4406
    425-466-2733 direct dial
    425-486-8701 fax



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  • 3.  RE: Future Medical Care Analysis

    Posted 11-23-2016 06:49


    Alex Karras OTR,JD,CRC,CCM
    MSCC,CLCP
    Diplomat American Board of
    Disability Analyst

    Office 215-343-7868
    Fax 267-224-4486
    Cell 215-530-5041
    Sent from iPhone and likely dictated using Siri so please excuse typos.




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  • 4.  RE: Future Medical Care Analysis

    Posted 11-23-2016 11:04

    I am responding to both Bob and Cloie. Bob raises an excellent situation for discussion, and Cloie's response, in my opinion, is spot on.

     

    Having said that, while I strongly agree that a methodology, adequate foundation data, and the guidelines espoused by our professional association are critical in developing opinion, I am convinced as well that a "gatekeeper" has great latitude (i.e. Kumho & Joiner) on what he/she would admit in testimony in federal courts (state courts often follow the federal courts on issues and procedures). While we would prefer that all LCP'ers and "medical specialists" would adhere to our well-defined standards, methodologies, and procedures, this all doesn't make a hoot if a judge is so inclined to admit "unusual" testimony from any "expert." Of course, a judge always needs to be concerned about an appeal of his/her decision and being over-ruled, but that is the judge's problem – not ours.

     

    In the meantime, I can only affirm Cloie's recommendation, namely, "stay in your own lane" and continue the good work you have done over the years. Don't worry about that other fellow – not much you can do about in any event.

     

    Likewise, have a nice Thanksgiving to all.

     

    Tim Field




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  • 5.  RE: Future Medical Care Analysis

    Posted 11-23-2016 11:08

    Well said Tim!  I am thankful for you!

     

    Bob Gisclair

     




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  • 6.  RE: Future Medical Care Analysis

    Posted 11-24-2016 12:36

    WOW -- In Canada NO ONE can suggest a treatment regime of any kind outside their area of expertise. That being said what kind of training would this Future Medical Care Analysis person have.  Would they also suggest the kind, frequency and costing of direct medical care if is suggested by someone else as this person find fit to do for PT  OT or SLP???  In my professional mind this is really crossing the line!

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    Rhona Feldt-Stein, BSc. (OT), OT, Reg. Ont.
    Director/Owner
    rfstein@rogers.com
    Richmond Hill, ON Canada

    Original Message


  • 7.  RE: Future Medical Care Analysis

    Posted 11-24-2016 12:43

    Agree Rhonda!  Thanks a great deal!

     

    Happy Thanksgiving!

     

    Bob Gisclair

     




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  • 8.  RE: Future Medical Care Analysis

    Posted 11-23-2016 23:15
    I also agree with Cloie and Tim.  We see this in our practice, too.  We then grin and continue with our critique.  We must practice consistent with our expertise and training and this "expert" must do the same, Bob.

    When we see others recommending schedules of therapy, such as OT, ST PT, etc., our critique goes something like this: "Ms. Smith's CV fails to identify any training or expertise as a (occupational therapist, speech therapist or physical therapist). In fact, she also has no license as a therapist of any kind.  To make recommendations for such therapy with a frequency and/or duration would appear to be practicing (OT, ST or ST) without a license ."  It might also be necessary to report such an individual to the appropriate state licensing board. 

    The purpose of such an attack is to signal to the attorney that a Motion in Limine to limit or exclude is called for. My experience is that attorneys love stuff like this. I expect that the deposition of this "expert" would be brutal, to say the least.

    Sadly, I have seen too many of our life care planning colleagues try to practice in a similar manner and I scratch my head every time I see it. All we can do is work with our retaining attorney as necessary.  Look at your individual scope of practice for a guide for what you are actually qualified to do.  

    Bob

    Robert H. Taylor
    4745 Tanglewood Trail
    Boulder, CO 80301-3928
    (928) 713-6833
    Sent from my iPad



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  • 9.  RE: Future Medical Care Analysis

    Posted 11-24-2016 12:37

    Thanks Bob!  Happy Thanksgiving!

     

    Bob Gisclair

     




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