| Statutory
Rape |
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The vast majority of abortion workers and family
planning service employees fail to report cases of child rape.
In undercover conversations, many abortion clinic personnel even went so far
as to coach a 13-year-old girl on ways to cover up this crime. (Click here for
more information on this investigation, the law and your
liability.)
Every state in America has an age below which minors cannot
consent to sexual activity. This ranges from 14-years-old to
18-years-old, depending on the state. Any adult who engages in
sexual activity with a girl under this age is committing child
rape and is open to criminal prosecution. This is especially
important for employees of abortion clinics because every
underage girl who seeks an abortion or birth control is a potential
victim of statutory rape. Any clinic worker or 'family planning
service' employee that does not alert authorities when child
rape is known or suspected may be exposed to criminal prosecution
for failing to report this possible abuse.
Additionally,
every state has mandatory reporting laws that
require health care workers, counselors and other designated
reporters, to inform the state's designated agency if they have
reason to suspect that a minor is engaging in sexual activity. The
law does not permit healthcare workers to decide which cases should
be reported. It is not the job of a mandated reporter to investigate
cases of child abuse. You are required to report all such cases. It
then becomes the job of child protective services or the designated
state agency to investigate these cases. If you do not comply with
mandatory reporting laws, these agencies cannot do their job and you
could be charged with offenses like obstruction of justice.
 Beware of policies and procedures that are designed to
solicit business from underage girls by promising them
confidentiality along with abortion services or birth control.
Confidentiality in these cases is actually illegal because it would
violate mandatory reporting laws. If a clinic owner or manager
instructs you not to report these cases or encourages you to
circumvent these laws by 'looking the other way', then they are
conspiring to violate the law. Covering up child rape or other
abuse is a crime, even if you are acting under instructions from
your employer to do so.
Failure to report your suspicions that a minor may be
sexually active can result in charges being brought against
you. In addition, you could be held liable for civil
damages should the victim of this abuse or a parent of the victim
file a lawsuit that involves your failure to comply with mandatory
reporting laws. Furthermore, you could also be named in lawsuits
filed by any subsequent victim of statutory rape or other abuse, if
it turns out that the perpetrator of this abuse escaped detection by
law enforcement at an earlier date because of a case that you failed
to report. |
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| Income Tax
Evasion |
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Because abortion clinics primarily operate on a
cash basis, they create an environment in which it is very easy to
avoid paying taxes owed to the Internal Revenue Service. This
is an extremely serious issue. If you are aware that this
is occurring in the facility where you work, you should take
immediate steps to protect yourself.
Do not think that the IRS takes this matter lightly. Rest
assured that America's federal penitentiaries are full of people who
made that mistake. A yes answer to any of the following
questions may indicate that your employer is involved in income tax
evasion.
- Has your employer or director ever taken cash out of the
clinic's bank deposit?
- Has your employer or director ever taken cash from a patient
and not put it in the clinic's bank account?
- Does your employer ever cash large personal checks at the
clinic?
- Does the clinic have more than one book from which patients
are given receipts for cash payments?
- Does the clinic ever fail to give receipts for cash payments?
- Have you ever seen evidence that cash amounts taken in by the
clinic don't match the clinic's bank deposit?
- Does your employer or director use multiple accounting
ledgers?
- Are financial records ever written in pencil?
- Is the person who makes bank deposits different from the
person who counts the money taken in?
- Are patient medical records ever destroyed or discarded?
- Are clinic financial records ever altered, destroyed, or
discarded?
- Are employees ever given cash by clinic management?
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| Medicaid
Fraud |
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If there is one financial issue more important to
federal law enforcement authorities than income tax evasion, it is
Medicaid fraud. Every year, this crime costs our nation
billions of dollars. If your clinic is involved in Medicaid
fraud, your future is in jeopardy. The United States
Department of Justice has made prosecuting this crime one of its top
priorities. The following questions may help you determine
whether your employer is engaged in Medicaid fraud. Yes
answers should be seen as red flags.
- Are non-Medicaid patients ever allowed to use another person's
Medicaid card?
- If Medicaid is paying for an abortion, are gestational ages
ever exaggerated in order to justify higher billing rates?
- Does the clinic ever charge a patient for an abortion, and
then also bill Medicaid for the same procedure?
- In circumstances where Medicaid does not pay for abortions,
are Medicaid patients ever offered a discount for providing their
Medicaid cards to the clinic? This may indicate that the
clinic is going to "unbundle" the procedure and charge Medicaid
for the component parts. In other words, instead of charging
Medicaid for an abortion, they will charge for ultrasound, vaginal
swab, cervical dilation, etc. It could also indicate that
they are going to bill Medicaid for services that were not
provided (STD testing, STD treatment, ultrasound, etc.).
- In circumstances where Medicaid does not pay for abortions,
does the clinic doctor ever induce an artificial
miscarriage? For example, are Medicaid patients ever given a
drug or a laminaria insertion with the intent of producing what
appears to be a spontaneous miscarriage so that a D&C can be
performed and billed to Medicaid?
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| Sexual
Assault of Patients |
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At Life Dynamics, we have identified many
instances of patients being sexually assaulted by abortion
providers. Additionally, since women often don't want anyone
to know that they had an abortion, they tend to be reluctant to
report sexual misconduct inflicted upon them while at an abortion
clinic. This means that this behavior can go undetected for a
long time.
Having recognized that clinic employees may not know the signs
that someone they work for is sexually assaulting patients, we have
prepared the following list of questions as a guideline. Yes
answers indicate that such activity could be occurring.
As you analyze these questions, there are several things you
should consider. First, if you or other employees are being
sexually harassed by your employer, or if your employer tolerates
other employees doing so, there is a heightened risk that this
person may be sexually harassing or even sexually assaulting
patients.
Second, remember that while most inappropriate or illegal sexual
activity involves male predators and female victims, it is not
limited to that scenario. On several occasions, we have been
advised by employees of abortion clinics operated by female doctors
and/or directors that these women are sometimes guilty of sexually
victimizing patients.
Third, always listen to your instincts and keep your mind open
for other possible red flags not addressed by the questions below.
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- Do your intake forms indicate whether other people know that
the patient is there? For example, are minor patients asked
if their parents know that they are having an abortion? Are
married patients asked whether their husbands know that they are
having an abortion?
- Does the doctor ever insist on being left alone while
performing procedures?
- Are operating room doors ever locked during procedures?
- Have you ever noticed patients having a dramatically different
attitude after their abortion than before? Do some patients
show unexplained anger or fear after procedures, or seem in an
inordinate hurry to get out of the clinic?
- On follow-up visits, do patients ever ask to see a different
doctor than the one who did their procedures?
- Have you ever noticed doctors or other employees taking
addresses or phone numbers off patient charts?
- Are patients who are accompanied by parents, boyfriends, or
husbands treated differently than those who are alone or
accompanied by friends?
- Are physically attractive patients treated differently than
those who are less attractive?
- Have you ever heard a doctor or other employee make comments
about a patient's physical appearance, body shape or sexual
attractiveness?
- Have you ever heard a doctor or other employee offer comments
or speculation about what kind of sexual activity a patient may be
willing to engage in?
- Have you ever heard someone make jokes or express suspicions
about a doctor or other employee in your facility having sexual
contact with staff or patients?
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| Insurance
Fraud |
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Do not be deceived into thinking that insurance
fraud is a minor issue. Not only does law enforcement pursue
this crime vigorously, but every year the insurance industry spends
millions of dollars to help authorities catch those involved in this
crime. Make no mistake, people go to jail for insurance
fraud.
The following questions should help you determine whether this
crime is being committed in the clinic where you work. Yes
answers should be seen as red flags. (Note that insurance fraud is
often accomplished by using some of the same techniques as Medicaid
fraud.)
- If insurance is paying for an abortion, are gestational ages
ever exaggerated in order to justify higher billing rates?
- Are insurance companies ever billed for services that were
never provided (STD testing, STD treatment, ultrasound, etc.)?
- Are procedures performed on one patient ever billed to another
person's insurance company?
- Does the clinic ever charge a patient for an abortion, and
then also bill her insurance company for the same procedure?
- If a patient's insurance policy doesn't cover abortion, does
the clinic take her insurance information anyway and then bill her
insurance company for the component parts of the abortion?
For example, do they trick the insurance company into paying for
an office visit, internal exam, sonogram, counseling, vaginal
swab, cervical dilation etc.? (This "unbundling" scheme
almost always results in a bill to the insurance company that far
exceeds the amount that cash-paying patients are charged.)
- If a patient's insurance policy doesn't cover abortion, does
the doctor ever cause what appears to be a spontaneous miscarriage
and then bill the insurance for performing a D&C?
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| Money
Laundering |
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When someone wants to find a way to launder
money, one of the best ways to do that is by setting up a business
that handles large sums of cash. Since almost no abortion
clinics accept personal checks, and since many patients don't have
credit cards or don't want an abortion showing up on their monthly
bill, this means that there is lots of cash flowing through the
facility.
Most employees will have no way of knowing for certain that the
clinic at which they work is being used to launder money.
However, if you answer yes to one of the following questions, that
could be an indicator that money laundering is occurring.
- Are employees ever paid in cash rather than by check?
- Are employees paid by check, but prohibited from leaving the
clinic with the check and instead required to sign it back over to
the clinic in exchange for the cash amount?
- Is there a person routinely present at the clinic who does not
appear to have a role in clinic operations but demonstrates an
interest in the clinic's financial transactions?
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| Physical Assault of
Patients |
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As an employee of an abortion clinic, you have
a moral and possibly a legal obligation to report any physical
attacks committed upon a patient. Always be aware that
people who physically attack others often do so in a way that is not
obvious or easily detected. Attacks against patients include,
but are not limited to:
- Striking a patient
- Restraining a patient or locking a patient in the procedure
room
- Not allowing a patient to leave the facility
- Not allowing a patient to change her mind about having the
procedure
- Verbally intimidating patients
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| Consumer
Fraud |
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If you answer yes to any of the following
questions, it may indicate that your clinic is deceiving or
defrauding its patients in order to secure additional business or
increase profits. Again, remember that these women place their
trust in you at a very vulnerable time in their lives. The
clinic has a legal and moral obligation to treat them fairly and
honestly.
- When a potential patient calls, are employees trained to say
whatever they need to say in order to get the patient into the
clinic for an appointment?
- Are underage girls promised confidential services, in spite of
mandatory reporting laws which would make such an arrangement
illegal?
- Does your facility use advertising to solicit business from
minor children in another state and/or are minors encouraged to
use your facility in order to circumvent their own state's
parental consent law?
- Do policies or practices at your clinic permit employees to
offer birth control or abortion services to underage girls without
informing these minors that mandatory reporting laws require
clinic employees to report every such case to the state (in order
to protect against statutory rape or other abuse)?
- Are counselors trained in how to overcome a patient's
objections to having an abortion?
- Are clinic employees given commissions or bonuses for selling
abortions, or for "up-selling" the patient and convincing her to
pay extra for general anesthesia over "twilight sleep?"
- Are patients ever told they are further along than they
actually are so that the clinic can charge them more for the
procedure?
- Are counselors ever told to deceive patients about the
clinic's or the doctor's history of malpractice or safety record?
- Are counselors trained to downplay patient questions related
to the fetal development such as making claims about it being
"just a blob of tissue" or "a mass of cells?"
- Are patients ever given relaxant drugs prior to counseling?
- If a patient has already had laminaria installed and wants to
change her mind, is she ever told that it cannot be done, or that
the fetus is already dead, or that removing the laminaria would be
dangerous for her?
- Are patients who want to change their minds ever told that
they can't get their money back?
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| Health
and Safety Violations |
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A yes answer to any of the following questions
may suggest that your employer is cutting corners on health and
safety standards, and is thereby placing you or the patients at
risk. As you consider these questions, remember that if your
employer is engaged in illegal or unethical behavior, the women who
come to your clinic can be emotionally and physically scarred for
the rest of their lives. Because these women trusted you with
their health and safety at a very vulnerable time in their lives,
you have an ethical and moral obligation to take these issues
seriously.
- Are biohazardous waste products (bloody materials, uterine
contents, aborted fetuses, etc.) ever discarded in containers not
specifically intended for biological waste, or otherwise discarded
in a non-approved manner (thrown into a dumpster, put in a garbage
disposal, flushed down the sewer system, etc.)?
- Are body fluids and blood products handled in a way that would
increase the possibility of an employee contracting Hepatitis or
HIV?
- Has the clinic management ever refused to provide employees
with Hepatitis B vaccinations?
- Are surgical instruments ever cleaned without being
sterilized?
- Are disposable cannulas, speculums, tubing, or gloves ever
reused?
- Is laminaria ever reused?
- Are procedures past 13 weeks ever done using manual dilators
alone?
- Is there a deficiency in emergency equipment or procedures?
- Is there an unusual protocol for requesting an ambulance?
- Does the doctor ever leave the building before all patients
are dismissed?
- Are abortions ever performed without first using a sonogram to
accurately determine gestational age?
- Are patients' vital signs ever skipped or simply made up?
- Is general anesthesia ever administered by staff members who
are not either an anesthesiologist or a nurse anesthetist?
- Are controlled substances ever secured improperly? Also,
are blank prescription pads ever signed by a physician (or another
legally authorized person) and then left in an environment where
they can be filled-out and dispensed by employees who are not
legally authorized to write prescriptions? (Never overlook
drug use by clinic staff. There are plenty of opportunities
in any medical clinic for employees to have access to drugs, and
any abuse of drugs puts both patients and staff at risk.
Protect yourself and report any misuse of drugs taking place in
your clinic or by clinic personnel.)
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