LAS VEGAS, February 27, 2002
Darcy 
                                Spears reporting
                                Can you see clearly without glasses or 
                                contact lenses? Many people can't. In fact, more 
                                than a million people turn to lasik surgery each 
                                year to correct their vision. One of the largest 
                                national chains of laser eye surgery centers has 
                                a booming business here in Las Vegas, but News 3 
                                investigator Darcy Spears found that this 
                                discount center may be pulling the wool over 
                                your eyes as they put sight up for sale.
                                Can you put a price on perfect vision? One 
                                lasik center puts a very low price on their 
                                surgeries, and as the saying goes, you get what 
                                you pay for. Our hidden camera investigation 
                                exposes what some call a “money over medicine” 
                                philosophy that's leaving patients and former 
                                employees seeing red.
                                "She basically talked me into it, because it 
                                sounded good. Don't have to wear glasses to read 
                                or drive," says Gail Kennedy, consumer. 
                                Gail Kennedy looked to the Lasik and Laser 
                                Vision Institute as freedom from her prison of 
                                poor sight. Gail had known people who had 
                                successful surgeries there. The problem is, she 
                                did not.
                                "It's been 11 months since my surgery and my 
                                eyes have hurt me every day, every night," says 
                                Gail. 
Gail says she still needs reading 
                                glasses and can't really see any 
                                better.
"It’s almost like the nerve endings 
                                have been damaged and they're severely 
                                dry."
 
Dr. Jon Siems was the staff 
                                surgeon at LVI in Las Vegas for almost two 
                                years. He and at least five other staff members 
                                recently left because of what they call the 
                                money over medicine mentality.
                                "Salespeople had to meet certain quotas to 
                                maintain their jobs or else they'd get released. 
                                Optometrists had to see a certain number of 
                                patients every day, physicians were supposed to 
                                perform a certain number of surgeries a day," 
                                says Dr. Siems.
                                Internal records obtained by the News 3 
                                investigators show LVI staff can get commissions 
                                depending on how many patients they sign up each 
                                week. LVI optometrist Dr. Lesa Davis 
                                acknowledges the pressure. 
                                "The counselors are the ones under pressure 
                                to see as many patients as they can, or have me 
                                see as many patients as I can," Dr. Lesa 
                                Davis.
                                "It presents an issue of conflict of 
                                interest, doesn't it? If someone's reimbursement 
                                is based upon whether or not you decide to have 
                                the surgery or not, there's a potential risk 
                                that the counseling role might be tainted by 
                                that incentive," Dr. Wayne Bizer of the American 
                                Academy of Ophthalmologists.
                                We sent a producer with a hidden camera for 
                                the advertised free consultation. Here's what a 
                                salesperson, called a patient counselor, told 
                                her. Keep in mind, this person has no medical 
                                degree. 
                                "For this consultation, what did this tell 
                                me? That I'm a candidate?" Asked our 
                                producer.
                                "You're basically a good candidate for the 
                                surgery. Obviously I can't determine it without 
                                seeing exam results, but based on your 
                                prescription and your age alone, yes, you're a 
                                very good candidate for the surgery. If you were 
                                not a good candidate for the surgery, I wouldn't 
                                let you go on," said the consultant. 
                                But just to see a physician, patients first 
                                have to put down a non-refundable $100 deposit, 
                                based on advice from a salesperson.
                                "The company's policy is that the only one 
                                that can make the decision as to whether or not 
                                somebody's a candidate is the physician," says 
                                Matthew Zifrony.
No one from laser vision 
                                institute's corporate offices would go on 
                                camera. Their lawyer says the Las Vegas LVI 
                                staff was not following procedure.
                                "If the company's policies are not being 
                                followed and we have reason to believe that, 
                                then we will take the appropriate action to see 
                                that they are followed," says Zifroni.
                                That's too little, too late for some.
                                "I think there's a lot of other people out 
                                there like me and I’ve wanted for a very long 
                                time for something like this to happen, because 
                                I think it needs to be heard," says Gail.
                                Gail Kennedy isn't the only Las Vegas LVI 
                                patient who's had problems. You'll meet more in 
                                the continuing coverage of this story. LVI's 
                                attorney asked us to point out that there are 
                                plenty of happy laser vision institute patients. 
                                
                                During the last half of 2001, LVI performed 
                                procedures on about 1,000 patients. 
                                
Eighty-one of those, or approximately 8 
                                percent, filled out a patient satisfaction 
                                survey and almost all of them thought their 
                                treatment was good or excellent.
                                Local experts and ophthalmology surgeons we 
                                spoke to say that the industry standard is for 
                                patients to get a free eye exam from a doctor to 
                                determine candidacy before they start spending 
                                money on the lasik process. 
                                Related links/info for Wednesday’s 
                                investigation, "Blind Faith"
                                
                                - Laser vision institute's website: http://www.laservisioninstitute.com/ 
                                
- Eye surgery watchdog group website: http://www.surgicaleyes.org/ 
                                
- Agency that oversees eyeglass world is 
                                Nevada State Board of Dispensing Opticians at http://www.nvbdo.state.nv.us/ 
                                
- Nevada state law governing optometry: http://www.leg.state.nv.us/nrs/nrs-636.html 
                                
- Nevada revised statutes: chapter 636 
                                abstract: chapter 636 - optometry. NRS 636.010 
                                legislative declaration. The practice of 
                                optometry is hereby declared to be a learned 
                                profession, affecting public safety and welfare 
                                and charged with the public interest, and 
                                therefore subject to protection and regulation 
                                by the state. [1:208:1955]nrs 636.015 
                                definitions. As used in this chapter, unless the 
                                context otherwise requires, the words and terms 
                                defined innrs 636.016. To. 636.024. http://www.leg.state.nv.us/nrs/nrs-636.html 
                                (section regarding co-management with 
                                ophthalmologists is 636.374)
Related articles: 
                                
                                Additional info: 
                                
Laser Vision Institute Attorney Matthew 
                                Zifrony performed a statistical analysis of 81 
                                patient satisfaction surveys which LVI had 
                                received in connection with Its Las Vegas 
                                location. Most of these surveys were received by 
                                LVI during the last half of the 2001 calendar 
                                year during a time period when LVI performed 
                                procedures on approximately 1,000 patients (i.e. 
                                Approximately 8% of LVI's patients during this 
                                time period appear to have responded to the 
                                survey.) Each survey contained up to 20 items in 
                                which the patient was asked to rank LVI from 1 
                                to 4, with 1 denoting poor, 2 denoting fair, 3 
                                denoting good and 4 denoting excellent service. 
                                The following is a breakdown of such 
                                responses:
Poor fair good 
                                excellent
responses 15 56 331 
                                1,172
percentage 1% 4% 21% 74%
More 
                                information regarding consumer complaints can be 
                                found at the Florida department of agriculture 
                                and consumer services. 1-800-help-fla. http://www.doacs.state.fl.us/