CARD Clinic loses appeal in fraud case

The Center for Asbestos Related Disease said in a recent news release it is disappointed by the recent decision of the Ninth Circuit Court of Appeals to uphold a lower court ruling related to a lawsuit brought against it by BNSF Railway.

"However, this decision does not reflect the core of what we do and will not affect our daily operations," CARD Executive Director Tracy McNew said in a press release. "Our dedicated team remains focused on our mission to provide important health services to the Libby community and all those impacted by asbestos-related diseases across the nation.

CARD, a 501(c)(3) non-profit organization, continues to be funded primarily by the Centers for Disease Control and Prevention (CDC). 

"We undergo rigorous financial audits annually to ensure transparency and accountability," McNew said. "The outcome of the trial in June 2023 did not question the quality or validity of our medical diagnoses. Our asbestos related disease (ARD) diagnoses continue to qualify individuals for Medicare benefits, as they have since the passage of the Affordable Care Act. 

"The issue before the Ninth Circuit related to whether the interpretation of positive radiology reads by outside physicians provided individuals with Medicare eligibility. We no longer submit these outside physician results to the Social Security Administration to support applications for Medicare. We want to reassure our patients and the community that not a single person lost Medicare benefits as a result of the trial. Our diagnoses are sound and we stand behind the care we provide." 

CARD declared bankruptcy due to a judgment of approximately $6 million, but the United States intervened in the bankruptcy proceeding and determined that the judgment should not be paid, so the bankruptcy was settled and dismissed in spring 2024. CARD is financially stable and is continuing its mission.

"We are proud to announce that we have been awarded a new five-year asbestos health screening grant from the CDC, effective from Sept. 1, 2024, through August 2029," McNew said. "This award is a testament to our success in carrying out previous grant programs and our unwavering commitment to the community. The work we do is important: we provide free asbestos health screenings for individuals exposed to Libby amphibole asbestos, free lung cancer screenings for qualifying individuals, and ongoing care for those diagnosed with asbestos-related diseases, in addition to providing outreach and education locally, regionally, and nationally. 

"At CARD, we are passionate about our work, and as a nonprofit, there are no owners who can personally profit from the organization. Our employees enjoy stable jobs with benefits and mission-driven work. We are dedicated to serving our community through medical care, active participation in service projects, support of local initiatives, and contributions to community events."

McNew said moving forward, "CARD remains committed to its mission of “providing advocacy, care, resources, and hope” to those impacted by asbestos-related diseases. We will continue to lead research efforts to improve the understanding, prevention, and treatment of asbestos-related diseases while ensuring that those affected receive the care and support they need."

For more information or inquiries, contact CARD at 406-293-9274 or visit our website at www.libbyasbestos.org.