MedVance Institute Denounces Frivolous Internship Lawsuit Appeal

WEST PALM BEACH, Fla., May 21, 2012 /PRNewswire/ -- MedVance Institute denounced as "frivolous" attorney Matthew Sarelson's latest appeal in a case that previously has been debated in court three times.  Court rulings all three times were in favor of MedVance. 

The appeal before the 11th Circuit Court of Appeals in Atlanta alleges internships for three former MedVance medical billing and coding students at medical companies with which the school maintains partnership agreements were little more than free labor for the companies.  According to MedVance CEO Duncan Anderson, the action is little more than a lawyer-directed lawsuit that has failed three straight times and will fail again. 

"Unlike other non-MedVance internship cases that were filed recently, these externship experiences were directly tied to an educational experience.  MedVance Institute campuses and their externship sites follow all prescribed guidelines to qualify as educational intern experiences …and they did so in this case," Anderson said.  "The students were fully informed – in advance – that their experiences would be educationally oriented and not an opportunity to earn wages."

Anderson added that all students received course credit and a grade for their externship experiences, which are a required element of program accreditation, and he noted that the students did not replace paid workers.

"Externship programs are necessary for accreditation because hands-on training is instrumental in learning how to perform a job.  Several federal court judges have vindicated the MedVance externships, finding they met all tests under federal law for being unpaid," he said.  "No court has ever ruled that students performing externships as part of an accredited educational program are entitled to wages."

Key elements of the externship program being challenged in court include:

• When deposed in the lawsuit, the students agreed the training they received at MedVance applied to their externship site activities.  They also affirmed that supervisors at the externship sites were available to answer questions and provide guidance to complete the externship.
• The students admitted they learned medical billing and coding at MedVance and that they performed such work at the externship sites.  The federal courts also determined that this was the case.
• When the students left after completion of their externships, the companies went on with business as usual with no negative effect from the students' departure.  None of the externship sites has ever been audited by the Department of Labor.
• The students prepared written evaluations following their externship, with one of them highly praising the experience as "Excellent," or "Good" to "Excellent" in such categories as "ability to communicate with supervisor;" "supervisor and site personnel cooperation with students;" and "overall evaluation of the externship experience."  Only after being recruited by the attorney did they lodge complaints and attempt to seek money.
• Relying on Supreme Court cases with similar rulings dating back more than 70 years, the federal courts found the MedVance student externs received proper aid, supervision and instruction at their externship sites.

"The attorney (Sarelson) and these students already have had their claims denied three times by the courts.  This is a frivolous action that they undoubtedly will lose again," Anderson noted.

MedVance Institute offers a complete range of diploma and degree-granting healthcare programs at its campuses.  The institute was founded to provide an outstanding education in a supportive environment by following a mission of helping all students succeed in their chosen careers.  MedVance is committed to graduating qualified professionals who can participate in the community's medical services and contribute to the health and well-being of all those they serve. 

For more information, or to enroll in classes, go online at www.medvance.edu.

SOURCE MedVance Institute

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