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MADISON — The Wisconsin Department of Justice has filed, on its behalf and on behalf of the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), a consumer protection enforcement action against Milwaukee-area podiatrist John S. Lanham, DPM, and his business, John S. Lanham, DPM & Associates, S.C., alleging misleading representations relating to the acceptance of patients’ insurance.
According to the Complaint, filed on September 25, 2013, Dr. Lanham’s statements at issue and those of employees of his business violated Wisconsin Statute § 100.18(1), which prohibits untrue, deceptive or misleading statements made with the intent to sell goods or services.
Among other things, the Complaint alleges that Dr. Lanham has stated that many patients on a daily basis ask “Do we accept their insurance” and that Dr. Lanham and his staff respond “Yes” or “Yes, we do accept your insurance”. The Complaint also alleges that Dr. Lanham was not in the network of providers pre-approved by any commercial insurance company. In addition, the Complaint alleges that Dr. Lanham is aware of what potential patients are asking when they inquire whether his office accepts their insurance; they are attempting to confirm that their care from the Defendants will be paid for as an approved provider by their insurance. The Complaint thereafter alleges that Dr. Lanham’s or Defendants’ staff’s response of “Yes” or “Yes, we do accept your insurance” to those inquiries is deceptive and misleading.
According to the Complaint, John S. Lanham, DPM & Associates, S.C. has done business as The Greater Milwaukee Foot & Ankle Ambulatory Surgery Center.
This case has been assigned to Milwaukee County Circuit Court Judge Martens. The State of Wisconsin is represented in this matter by Assistant Attorney General Phillip D. Ferris.
A copy of the Summons and Complaint is available here.
The Complaint contains only the State’s allegations. The State bears the burden of proving the allegations.