ADRI NEWS
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ADRI NEWS |
| Metabolic activation therapy (MAT) and Pulsatile Therapy are other names for chronic intermittent intravenous insulin therapy (CIIIT). | |
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Medicare Appeals rejected November 28, 2006 - This past year there were twelve Medicare Appeals Hearings seeking Medicare payment for MAT treatments provided by ADRI. Each hearing involved several different Appeals, making a total of 81 Appeals. Administrative Law Judges (ALJs) in each of these Appeals ruled that Medicare is not required to pay for MAT. This is a marked change from previous years. National Heritage Insurance, Medicare Part B contractor for California, has long denied payment for MAT. However, prior to July 2005, these denials were successfully appealed through the ALJ Medicare Appeal Hearings process, resulting in a total of 125 consecutive favorable decisions. Beginning in October 2005, ALJs in the Medicare Appeals Hearings began denying Medicare payment for MAT despite no change in the regulations or the therapy. Many cases are the very same patients approved in Medicare Appeal Hearings the year before. In response to the negative ALJ rulings, both patients and ADRI have forwarded appeals to the U.S. Department of Health and Human Services (HHS). A number of these further appeals have already been reviewed and rejected by HHS. These patients had severe diabetic complications which were becoming progressively worse despite the most intensive diabetes therapy recommended by the American Diabetes Association. In every case, their complications slowed, improved or stabilized while receiving weekly MAT treatments. With Medicare no longer paying for their MAT treatments, these patients are faced with a very difficult financial dilemma. |
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Lawsuit Ends
November 28, 2006 - - Three years ago, a lawsuit was filed in the Second Judicial District Court of Nevada against ADRI and others by Trinity Healthcare Systems, LLC. In September of this year, Trinity Healthcare Systems dropped all claims against ADRI. |
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Case Dismissed
January 5, 2006 - The Sacramento County Superior Court dismissed a lawsuit brought by Gregory F. Gilbert against two members of the ADRI Board of Directors. Mr. Gilbert was removed from any office or affiliation with ADRI several months prior to his filing of this suit. (see also March 12, 2005, "Recent Reno Court Order favors ADRI" ) |
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Legal Update
Sept. 27, 2005 - The Second Judicial District Court of the State of Nevada, in Reno, issued a Court Order in June of 2005 in a case involving ADRI - Case No. CV03-04-790. A trial in this case, originally set for September of 2005, was taken off the court calendar, however, the case is still ongoing. |
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Recent Reno Court Order favors ADRI March 12, 2005 - - The state court in Reno, Nevada has issued an order dismissing an answer and cross-claim purported filed on behalf of ADRI in a civil lawsuit involving ADRI and others. This case is no. CVO3-04-790, and it is assigned to the Second Judicial District Court of the State of Nevada. On February 22, 2005, the judge granted ADRI’s motion to strike the answer and cross-claim filed previously by attorney Robert Grayson, purportedly on behalf of ADRI. The judge concluded that, as a matter of law, Mr. Gregory Gilbert, a former director of ADRI, had no authority to hire attorney Grayson or to otherwise act on behalf of ADRI in the lawsuit. The judge’s finding reads as follows, "Mr. Gregory Gilbert was duly removed as a board member, and also as an officer, employee and/or agent of ADRI at the ADRI Board of Directors meeting held on August 8, 2003. As such, Mr. Gilbert thereafter had no authority to retain or hire Robert Grayson as counsel on behalf of ADRI.” If you have questions regarding this
matter, please contact ADRI's attorney, Mr. Mark Gunderson,
of Reno, Nevada. His telephone number is (775) 829-1222. | |
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Injunction Granted Against Metabolic Treatment Centers, Inc. Sept. 29, 2004 - The Aoki Diabetes Research Institute (ADRI) is a party in civil litigation filed late last year in Reno, Nevada (Case No. CVO3-04-790 in the Second Judicial District Court of the State of Nevada.) On September 17, 2004, the judge issued an injunction directing Metabolic Treatment Centers, Inc. to immediately cease any marketing, licensing or sublicensing of MAT. To view the entire order of the court, click here, (Injunction) If you have questions regarding this matter, please contact ADRI's attorney, Mr. Mark Gunderson, of Reno, Nevada. His telephone number is (775) 829-1222.
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Court Issues Order Protecting ADRI in Reno Hearing August 12, 2004 - The Second Judicial Court, in Reno, Nevada recently ruled in favor of ADRI, Metabolic Industries (MI), and Advanced Diabetes Treatment Centers (ADTC) in a hearing to protect their proprietary rights to the metabolic activation therapy (MAT) process. On July 2, 2004, the Court granted an injunction against Metabolic Treatment Centers (MTC), concluding that "MTC is not entitled to the sublicensing, marketing, manufacturing or promotional rights" to MAT. ADRI understands that several clinics were recently established in Utah, Montana, Arizona, and Texas where the operators were assured by agents of MTC that they may administer MAT under licenses from MTC. The Court's order provides these clinics cannot offer MAT unless they and MTC satisfy specific requirements imposed by the court. At present, ADRI understands these requirements have not been satisfied. Anyone who is receiving MAT treatments should immediately confirm whether their clinic is authorized to administer MAT. Any clinic operator who is administering MAT under a license that was granted by or through MTC should immediately have their attorney contact ADRI's Reno attorney, Mark Gunderson. Mr. Gunderson's telephone number is (775) 829-1222.
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Reno Court hears evidence concerning licensing and marketing rights to metabolic activation therapy. June 18, 2004 - The Second Judicial Court, in Reno NV, heard evidence this month in a lawsuit regarding the licensing and marketing rights to metabolic activation therapy (MAT). The hearing is expected to conclude in early July. ADRI expects to prevail in this case and several others related to this issue. Please check the NEWS items below for related items.
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Unauthorized Montana clinic attempts to use metabolic activation therapy Dec. 6, 2003 - ADRI has just learned that an unauthorized clinic in Montana is claiming to be qualified to provide metabolic activation therapy (MAT), the diabetes treatment whose scientific name is chronic intermittent intravenous insulin therapy (CIIIT). ADRI seeks to warn the public. No clinic or person in Montana is currently licensed to use or administer metabolic activation therapy. Unauthorized clinics are attempting to open in other states as well. Please check the list of authorized CIIIT (MAT) Locations. If a metabolic activation therapy clinic isn't on the list, it is not authorized. Being unauthorized is a serious problem. Anyone opening an unauthorized clinic has not been trained in the proper administration of this therapy, and this lack of training could place a patient's life at risk. Metabolic activation therapy (CIIIT) was invented and patented by Dr. Thomas T. Aoki, and he alone controls these patent rights. Dr. Aoki has licensed Metabolic Industries as the sole company that can grant licenses for metabolic activation therapy. Metabolic Industries also provides the essential training to health care professionals to properly administer metabolic activation therapy. At this time, no one has been licensed or trained by Metabolic Industries to provide metabolic activation therapy in Montana. An unauthorized clinic can harm a patient in ways other than his or her health. Medical insurers and Medicare can refuse to pay a patient's bills if a clinic or provider is not legally authorized to provide the therapy. Patients may discover too late that they are personally responsible for paying the full price for treatments. If an insurance company or Medicare has initially paid for one or more treatments and later discovers the clinic was not authorized to provide metabolic activation therapy, the insurer can demand a refund from the patient of whatever amounts the insurer has already paid. By that time, a patient may be obliged to repay a large sum of money, possibly with interest. The time to check on your health insurance coverage is before you sign up for metabolic activation therapy. Contact your medical insurance company directly, and ask if they cover this therapy. No one but your insurance company can answer that question for you. Do not rely upon verbal promises from others. Physicians and others who administer metabolic activation therapy without proper licensing and training from Metabolic Industries may be considered accomplices in a fraud and may be subject to criminal penalties. Please check the NEWS items below for other warnings, including lists of persons and corporations associated with unauthorized clinics in other states and the phone numbers to call for further information.
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Nov. 7, 2003 - The Aoki Diabetes Research Institute (ADRI) has learned that several persons are falsely claiming they have rights to the chronic intermittent intravenous insulin therapy also known as metabolic activation therapy (MAT). These persons are improperly seeking to sell licenses for the use of MAT. This is of grave concern to ADRI because of the danger to patients. The following persons have been identified as attempting to sell or license MAT: Gregory F. Gilbert, John Duffell III, Max McCombs, Melanie Kunz, and various of their associates. In addition to lacking the right to use or license the use of MAT, none of these individuals is trained in the use of MAT and none of them is authorized to train others in its use. You should be extremely cautious if you are approached by any of these individuals. You should also be extremely cautious if you are approached by representatives of any of the following companies: Hamilton-May Corporation, Bionica Inc., North American Diabetic Solutions, Inc., Metabolic Treatment Centers, Inc., Inpulse Metabolic Treatment Centers, DocRockHealth, Access Metabolic Inpulse Center, or Access Health Solutions. None of these companies has rights to use MAT or to license its use to others. ADRI also understands that persons in Utah, Idaho, Texas and Puerto Rico are presently claiming to own rights to use MAT or to license its use. Dr. Gollapudi in Midland Texas, is the only person who is licensed to provide MAT in Texas. No one else is presently licensed to offer MAT or marketing rights to MAT in Utah, Idaho, Texas or Puerto Rico. Dr. Thomas T. Aoki is the sole owner of all U.S. Patents for MAT. No other person shares in the ownership of these patents. Metabolic Industries (MI) and ADRI are the only entities that may license these patents at the present time. Anyone wishing to use the patented MAT procedure must obtain rights from either MI or ADRI. MAT is an advanced medical treatment that requires a physician's prescription and physician supervision of the procedure. MAT must be adjusted by the treating physician to levels that are appropriate for each individual patient and the patient's other diabetic therapy may require adjustment in concert with MAT. This therapy is not an over-the-counter health aid. State laws do not allow chiropractors or chiropractic physicians to administer MAT. The administration of MAT by improperly trained individuals not only falls below the minimum level of good patient care, but also places patient lives at risk. Anyone attempting to use MAT without a proper license and suitable training will be prosecuted to the fullest extent of the law. Persons who market or provide MAT without permission, or who improperly represent that they are qualified to train others in this therapy, face serious criminal and civil charges. Anyone who believes that they have been defrauded with regard to this therapy should contact the Attorney General in their state and also contact ADRI's attorney Mark Gunderson in Reno, Nevada for further information. Patients with diabetes or others interested in locating a licensed provider of this therapy, can check with either ADRI or Mr. Gunderson to determine if a particular clinic is authorized to use MAT. The telephone number for ADRI is (916) 455-2374. The telephone number for Mr. Gunderson is (775) 829-1222. Anyone who is aware of persons claiming to offer MAT for diabetic patients in a location other than those listed in Locations should contact ADRI or Mr. Gunderson as soon as possible. ADRI is requesting assistance from the public to alert patients to the dangers involved if MAT is provided by untrained and unlicensed persons. ADRI is concerned that any inappropriate use of MAT be stopped before a patient is harmed.
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Unauthorized use of the ADRI name Sept. 20, 2003 - Aoki Diabetes Research Institute (ADRI) announced today that it is not affiliated in any way with the following organizations: North American Diabetes Solutions, Inc. or Inpulse Metabolic Treatment Centers, DocRock, Dr. Stone, or any chiropractic office or practice. Neither our founder, Dr. Thomas T. Aoki nor ADRI has endorsed any of these companies or their products. ADRI recently learned that these companies and others are claiming some association or manner of endorsement was made on their behalf by ADRI. This is untrue. Any such claims were made without ADRI's knowledge or permission. The unauthorized use of ADRI's name and Dr. Aoki's name on the websites www.docrockhealth.com and www.chiroutah.org , together with the unauthorized use of corrupted versions of Dr. Aoki's lecture slides (as well as unpublished results from Dr. Aoki's research on metabolic activation) has prompted legal action. The lecture slides contain copyrighted published material from medical journals, and the unauthorized placement of these copyrighted materials on websites promoting unauthorized procedures may also prompt lawsuits from the original medical publishers. The unauthorized attempts to associate another program with ADRI and Dr. Aoki appear to be connected with an attempt by certain untrained persons to illegally duplicate and market CIIIT(metabolic activation therapy), a patented treatment for severe diabetes. These attempts are of great concern because the use of CIIIT (metabolic activation treatment) protocols by untrained persons may be extremely hazardous to the patient's health. ADRI and Dr. Aoki urge all patients with diabetes to consult a licensed medical physician with specialized training in the treatment of diabetes. Please check Locations for the names of cities that have sites that are supervised by physicians trained in (and having legitimate rights to treat patients using) the procedures employing metabolic activation or continuous intermittent intravenous insulin therapy. |
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Metabolic activation therapy lawsuits Sept. 12, 2003 - The Aoki Diabetes Research Institute (ADRI), along with several others, has been named as a defendant in two lawsuits filed in August, 2003. Metabolic Treatment Centers, Inc., a Nevada corporation (MTC), brought suit to enforce rights MTC claims it obtained to market licenses for use of the chronic intermittent intravenous insulin therapy (CIIIT, also called "metabolic activation therapy"). MTC claims it obtained these rights from Metabolic Industries, Inc., another Nevada corporation. In a separate lawsuit, Trinity Healthcare, LLC, a Nevada limited liability corporation, claims its license to provide metabolic activation therapy in Reno and elsewhere was unfairly revoked by Metabolic Industries. ADRI was also named as a defendant in this lawsuit. In both cases, ADRI strongly disagrees with the allegations concerning ADRI and plans a vigorous defense. ADRI cannot comment on any details of litigation. All questions are being referred to attorney Mark Gunderson of Reno, Nevada, who is representing ADRI in the litigation proceedings. ADRI expects a favorable outcome in both these matters. |
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Warning - unlicensed diabetes treatment dangerous July 25, 2003 - ADRI has received reports that CIIIT, also called metabolic activation therapy (MAT), is being offered in some states by persons not adequately trained or licensed to do so. Currently, only a limited number of locations are licensed to offer the CIIIT therapy in the United States. No site is presently licensed to do so outside the U.S. CIIIT should only be administered under the supervision of a physician who is specifically trained in the application of this therapy. If it is not properly administered, IV insulin may cause death or severe injury to the patient. In addition, because the CIIIT therapy process is protected by U.S. patent laws, anyone using it must have a license for its use or application from either Metabolic Industries, Inc. or ADRI. Anyone who provides or attempts to provide CIIIT without a license or other authority from either Metabolic Industries, Inc. or ADRI may face civil and/or criminal charges. |
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ADRI Board of Directors Sept. 12, 2003 - The ADRI Board of Directors welcomes former California Superior Court Judge Mamoru Sakuma, elected to the Board of Directors in August. The ADRI Board hopes to add yet another new member this year from the Sacramento Community, to replace Mr. Gregory Gilbert who is no longer affiliated with ADRI. Copyright 2003-6 Aoki Diabetes Research Institute. ALL RIGHTS RESERVED |