President's Message - Ellen J. Braunstein, M.D. |
COLLECTIVE ACTION BILL NEEDS PHYSICIAN GRASSROOTS ADVOCACY
Time is running out for the Legislature to pass legislation (A.4301-B, Canestrari/S.5204-A, Breslin) that would permit physicians and other health care providers to negotiate collectively patient-care contract terms with health insurance companies. The bill is before the full Senate after being unanimously approved by the Senate Health Committee. It is before the Ways and Means Committee in the Assembly.
IN THIS REGARD, ALL PHYSICIANS ARE URGED TO CALL AND WRITE THEIR LEGISLATORS TO URGE THAT THIS MEASURE BE BROUGHT TO A VOTE IN THE ASSEMBLY AND SENATE, AND ENACTED.
Physicians can send a letter from the MSSNY Grassroots Action Center site:
Assemblyman Richard Gottfried on behalf of Assembly Majority Leader Ron Canestrari drafted and distributed a ‘sign-on’ letter to his Assembly colleagues urging them to sign a letter addressed to the Speaker of the Assembly to urge that the Assembly Ways and Means Committee report on the bill. To date 76 members of the NYS Assembly have either co-sponsored the bill or signed onto the Gottfried letter to Speaker Silver!
This bill will assure that physicians are able to provide their patients the care they need and deserve, and receive fair compensation for providing this care.
While the extensive support given to this bill through co-sponsorship is helpful, it is not in of itself enough to achieve passage. If you want to see this legislation become reality, physicians must continue to articulate to their legislators the need for this legislation and they must do this in overwhelming numbers!
* * *
CONTINUED OPPOSITION TO HCRA SURCHARGE EXTENSION NEEDED
As part of leaders’ meetings this week, the Governor set a June 28 deadline to the Legislature to complete passage of the Budget. If the Legislature did not take action by that time, the Governor would advance his entire proposed Budget as an extender, which would force the Legislature to choose between passing the Governor’s proposed Budget exactly as he proposes it or causing a government shutdown. Earlier this week, the Governor’s extender included the budgets for the Office of Mental Health and Human Services Agencies. Today, the Governor has sent up the extender for next week, which includes the budgets for Transportation, Economic Development and Environmental Conservation. It is expected that the Assembly will approve these measures today before they adjourn for the weekend.
Budget talks are clearly picking up in intensity. All physicians are urged to continue to call and write their legislators to urge opposition to a proposal that would impose a 9.63% HCRA surcharge on office-based surgical and radiological procedures that health plans currently must pay on similar procedures performed in a hospital. Proposed in the Governor’s Budget, it was included in the Assembly’s one-House Budget proposal adopted in March. The Senate did not include this proposal in its Budget resolution. While the proposed tax is to be imposed on health insurance companies, not physicians, MSSNY has conveyed its opposition because health insurers may seek to pass this cost unto physicians and patients.
Nearly 30 Assembly-members signed onto a letter sent recently to Assembly Speaker Sheldon Silver asking the Assembly to oppose this tax extension. The letter was authored by Nassau Assembly member Michelle Schimel, and was co-signed by Nassau Assembly members Charles Lavine, and Harvey Weisenberg.
C L A S S I F I E D A D S |
Although NCMS believes the following classified advertisements in this section to be from reputable sources. The NCMS does not investigate the offers made and assumes no responsibility concerning them:
SPACE FOR RENT/LEASE
GARDEN CITY—Garden City Medical Center, located at 520 Franklin Ave. Garden City, NY has office space available. For information, call 516-747-2900.
MASSAPEQUA—Office available for sublet. Excellent opportunity for an endocrinologist, hematologist, neurologist, psychiatrist, psychologist, dermatologist, physiatrist. Please call office at 516-541-5068.
PRACITICE FOR SALE
HEWLETT—Terms negotiable, Internal Medicine/Primary Care on South Shore Long Island. Call 516-612-2444.
MedPro Solutions, Inc. |
4209 Merrick Road · Massapequa, NY 11758
(516) 541-3618
Transcription Services
Quality – Affordability – Turnaround – Security
Ask about our free trial - www.medprosolutions.net
PECOS Enrollment Required For Medicare Record (EHR) Incentive |
The Recovery Act of 2009 established CMS programs under Medicare and Medicaid to provide incentive payments for the “meaningful use” of certified EHR technology. These EHR incentive programs will provide incentive payments to eligible professionals and eligible hospitals as they demonstrate adoption, implementation, upgrading or meaningful use of certified EHR technology. While more detail on the EHR incentive program is forthcoming in the an impending final rule, CMS is announcing that Provider Enrollment, Chain and Ownership System (PECOS) records will be used to verify Medicare enrollment prior to making Medicare EHR incentive payments.
Your enrollment information must be in PECOS, so act now if you do not have an enrollment record in this system.
Enrolled in Medicare before November 2003?
If you are a physician who enrolled in Medicare before November 2003 AND have not updated your Medicare enrollment information since then, you do NOT have an enrollment record in PECOS. Act now to establish your enrollment record in PECOS. For instructions, go to www.cms.hhs.gov/MedicareProviderSupEnroll , click on “Tips to Facilitate the Medicare Enrollment Process” under “Downloads.”
If you enrolled in Medicare after November 2003, or if you enrolled before November 2003 and have updated your Medicare enrollment information since November 2003,
no further action is required.
If you are unsure, here are ways to verify that you have an enrollment record in PECOS:
1. Check the Ordering Referring Report on the CMS website. If you are on that report, you have a current enrollment record in PECOS. Go to http://www.cms.gov/MedicareProviderSupEnroll, click on “Ordering Referring Report” on the left.
2. Use Internet-based PECOS to look for your PECOS enrollment record. (You will need to first set up your access to Internet-based PECOS.) If no record is displayed, you do not have an enrollment record in PECOS. Go to http://www.cms.gov/MedicareProviderSupEnroll, click on “Internet-based PECOS” on the left, for information on using Internet-based PECOS.
3. Contact your designated Medicare enrollment contractor and ask if you have an enrollment record in PECOS. Go to http://www.cms.gov/MedicareProviderSupEnroll, click on “Medicare Fee-For-Service Contact Information” under “Downloads.”
Note: If you have submitted an enrollment application within the last 90 days, and your enrollment application has been accepted for processing by the carrier or A/B MAC, you need not take any additional actions based on this listserv message.
NOTE for physicians who reassign all their Medicare benefits to a group/clinic: If you reassign all of your Medicare benefits to a group/clinic, the group/clinic must have an enrollment record in PECOS in order for you to enroll using Internet-based PECOS. You should check with the officials of the group/clinic or with your designated Medicare enrollment contractor if you are not sure if the group/clinic has an enrollment record in PECOS. If the group/clinic does not have an enrollment record in PECOS, you will not be able to use Internet-based PECOS to submit your enrollment application to Medicare. You will need to submit a paper enrollment application (CMS-855).
Save the Date
Academy Annual Meeting
Tuesday, September, 28, 2010
Is Your Web Site Linked to Ours? |
As a member benefit, you can now have your web site linked
to ours. Increase visibility and access to your practice at no cost
to you as a member of NCMS.
HERE IS WHAT YOU WILL FIND AT WWW.NACMED.ORG
|
|
Nassau County Medical Society's web site has all this information for you at your fingertips.
Visit us TODAY at
- WWW.NACMED.ORG -
We welcome your comments and suggestions on our web site and its contents.
LONG ISLAND: Rockville Centre |
Medical/Dental Office Space
Available
Professional Building
Multiple Exam Rooms,
Reception Area, Private Office,
Private Restroom
Please call: (516) 678-0303 x-18
Eye On Albany |
 |
REGRESSIVE MEDICAL LIABILITY BILLS ACTIVE ~ PHYSICIANS URGED TO CONTACT THEIR LEGISLATIVE LEADERS AND REPRESENTATIVES IMMEDIATELY
Recent reports published in the media speculated that there might be discussions underway that involve consideration of legislation that would dramatically increase medical liability premium rates well beyond our ability to pay. While only certain proposal(s) were mentioned in the published articles, there are a number of proposals that could, if enacted, impact very negatively on medical liability rates including legislation that would:
- Remove the contingency fee limitations in medical liability claims (S.2040)
- Change the medical liability statute of limitations (S.1729-A/A.4627-A)
- Expand damages in wrongful death actions (S.2391/A.2872)
- Permit the awarding of pre-judgment interest (A.6757); and
- Prohibit ex-parte interviews of plaintiff's treating physician (S.3203-A/A.1254-A)
MSSNY immediately posted an alert to each of the County Medical Societies and informed representatives from each of the Specialty Medical Societies of this potential danger. MSSNY’s President, Leah McCormack, MD, and each of the
Presidents from nineteen Medical Specialty Societies signed a letter addressed to Governor Paterson in which they respectfully asked that none of these initiatives be acted upon independently or as part of any legislation which does not include major comprehensive tort reform that will substantially reduce the cost of our failed tort system.
Similar letters were also sent (signed by MSSNY and the Specialty Medical Societies) to Senate Democratic Conference Chair John Sampson and Assembly Speaker Sheldon Silver. MSSNY lobbyists have worked throughout the week to send the same message in their conversations with the rank and file members of each House.
With physicians continuing to face major difficulties in securing fair reimbursement from both insurance companies and government payors, physicians desperately need liability rate decreases, not legislation that would serve only to increase liability premiums and jeopardize access to care. Piecemeal efforts will only exacerbate an already critical problem. At a time when all New Yorkers are being asked to accept their fair share of the pain caused by our State’s fiscal difficulties, it is inconceivable that the trial lawyers would be given this huge windfall at great cost to our healthcare system which is already under great stress.
ALL physicians are urged to call the MSSNY hotline 1-866-728-3397 to be connected with Speaker Silver and Senate Democratic Conference leader Sampson’s offices to urge these legislative leaders to reject all tort measures that will increase liability costs.
ALL physicians are urged to send a letter to their elected representatives by clicking on the link below to connect to MSSNY’s grassroots action center.
Physician Collective Negotiations (S.5204 Breslin/A.4301-A Canestrari) – Support
Hearing Aid Access ( S.7670 Schneiderman/A.10056 Dinowitz & Kellner) – Support
Medical Liability Reform (S.6799 Hannon/A.6184 Schimminger) – Support
Podiatry Scope of Practice (A.2518-A Pretlow/S.2992-A Klein) – Oppose
Naturopath Scope of Practice (A.1370 Hoyt/S.1930 LaValle) – Oppose
Dental Scope of Practice ( A.4656-A Morelle/S.2937 Klein) – Oppose
Optometry Scope of Practice (A.3718 Paulin/S.2667 Valesky) – Oppose
Midwife Scope of Practice (A.8117 Gottfried/S.5007 Duane) – Oppose
Physical Therapy Scope of Practice (S.4631 Oppenheimer/A.4302 Canestrari) - Oppose
Corporate Practice of Multiple Professions (S.7484 Huntley/A.8897 Pretlow) – Oppose
Corporations: Limited Medical Service Practices (A.10150 Paulin) – Oppose
Extension of HCRA Surcharge — Oppose
Call your Senate Representative at 518-455-2800
Call your Assembly Representative at 518-455-4100
Washington Watch |
MEDPAC: Report Calls for Changes in Physician Training
The Medicare Payment Advisory Commission (MedPAC) in a new report is proposing a "new breed of physician," recommending physician training programs that emphasize the importance of providing high-quality, coordinated, low-cost care, CQ HealthBeat reports.
In a "shift" in the way funding is currently allocated, MedPAC recommends that $3.5 billion of the $9 billion Medicare spends annually to finance graduate medical education be used for "performance-based funding" programs emphasizing the importance of team-based, better-coordinated care, compliance with measures of quality care and treatment outside of hospitals in primary care settings and nursing homes. Current training programs heavily emphasize inpatient care and focus less on care outside of hospitals, according to MedPAC Executive Director Mark Miller.
In addition, current residency programs studied by MedPAC fail to focus on work in "multidisciplinary teams," measurement of care quality and the use of health IT, Miller added. The report also lists areas for additional or expanded research.
New research also should consider how medical education should foster racial, socioeconomic and geographic diversity in the medical profession and pinpoint strategies that effectively bring health care professionals to underserved regions, according to the report.
HHS Distributes $25M in Grants to Reduce Medical Malpractice Costs
On June 11, HHS announced that it has awarded nearly $25 million in grants that will fund one-to-three-year demonstration projects focusing on alternative dispute resolution programs, developing guidelines and medical error disclosure. The grants were awarded to local government agencies and medical providers in 16 states. In one three-year project, the New York State Unified Court System will receive $3 million to test an alternative dispute resolution system for obstetric and surgery patients. Other projects will encourage early disclosure of medical errors in hopes of averting lawsuits.
SENATE FINALLY ACTS TO PREVENT SGR CUT; HOUSE MUST STILL PASS BILL NEXT WEEK
After numerous attempts, the United States Senate was finally able to pass legislation late Friday afternoon to at least temporarily prevent for 6 months a staggering 21% cut in Medicare physician reimbursement. The action would also provide a modest 2% increase for this 6-month period. However, the bill must also be passed by the House of Representatives, which will not take place until early next week. The Senate action comes as the CMS “hold” on Medicare physician claims, extended early this week to give more time to Congress to act to prevent the cut, runs out today, June 18. This means that until the House acts to pass this bill, claims submitted after June 1 will be paid applying the 21% cut. However, such claims paid will be adjusted retroactively.
The vote comes at the end of an extraordinarily difficult week where the Senate made multiple attempts to pass legislation to prevent the cut as part of a broader “extenders” package, only to be unable to obtain cloture and move to an immediate vote on these bills, due to concerns about the overall cost of the legislation. All physicians are urged to continue to contact their respective Representative as well as Senators Schumer and Gillibrand to advise them how this cut will seriously negatively impact access to care in their communities. Even if the House does pass this 6-month fix next week, further action will need to be taken by Congress later this year to prevent even greater cuts. Patients and providers need stability in the Medicare system!
Physicians can call using the AMA’s Grassroots Action Hotline at 1-800-833-6354
Telehealth Monitoring |
10% Monthly Rental Discount |
DOH URGES USE OF NEW MOLST FORM |
The NYS Department of Health is urging physicians and other healthcare providers to begin using the new Medical Orders for Life Sustaining Treatment (MOLST) Form. The form is more user-friendly and is aligned with the Family Health Care Decisions Act that went into effect on June 1. MOLST is an advance directive pertaining to patient care and is used by physicians and hospitals. According to the Department of Health, the use of the prior form would be considered valid if the patient had signed the form prior to June 1. A signature obtained after June 1 on the old form would probably not be considered valid. Therefore, physicians are urged to use the new form. The new form is also a DOH-approved form that can be printed from the website. Physicians can access the form at :
http://www.nyhealth.gov/professionals/patients/patient_rights/molst/
BILL REQUIRING PHYSICIANS TO OFFER AN HIV TEST INTRODUCED IN NYS LEGISLATURE; PHYSICIANS URGED TO CALL LEGISLATORS
A bill mandating the offering of an HIV test in all clinical settings, including the private physicians offices, has been introduced in the Legislature by Senator Thomas Duane and Assemblymember Richard Gottfried. S.8227/A.11487 has gone directly to the Senate Rules Committee and to the Assembly Health Committee. The introduction of this legislation indicates a disturbing trend in the interference by the New York State Legislature into the physician-patient relationship. The bill would require that all primary care physicians, defined in the bill as family medicine, general pediatrics, primary care, internal medicine, primary care obstetrics or primary care genecology, to offer an HIV test to all patients ages 13 to 64.
The bill does allow for oral, informed consent when the test being given is a Rapid HIV test. Written informed consent is still needed for the blood test, however, consent would be included in the signed general consent for medical care and remains in effect until it is revoked. Under the measure, an opt-out provision for HIV testing must be included in the consent form. The bill does contain provisions for occupational exposure and testing of the source patient/release of information that MSSNY supports, however, the overall bill provisions are cause for strong concerns. Physicians are urged to call their legislators and urge that this measure be defeated. Senators can be reached by calling 518-455-2800.
MSSNY PARTICIPATES IN NO-FAULT REFORM ROUNDTABLE DISCUSSIONS; LEGISLATION POSSIBLE
To reduce No-Fault fraud and reduce sky-high auto insurance premiums, many members of the State Legislature are looking to enact legislation before the close of session. MSSNY participated in several intense roundtable negotiations this week convened by Assembly Insurance Committee Chair Joseph Morelle and Senate Insurance Committee Chairman Neil Breslin to discuss various legislative proposals to combat No-Fault fraud. Syracuse physiatrist, Jeff Kahn, MD, Chair of MSSNY’s Workers’ Compensation and No-Fault Committee, participated in these discussions. Also participating were several auto insurance carrier representatives, trial lawyers, health care attorneys and staff to the New York State Insurance Department. Topics under negotiation included proposals that would: extend the time for auto carriers to review No-Fault claims including medical benefits; expand the authority of the Insurance Department to de-authorize some health providers from seeking payment for No-Fault claims; treatment guidelines; and required use of arbitration to resolve disputes with carriers.
MSSNY argued vociferously against those measures that would make it harder for physicians to be timely and fairly reimbursed for necessary care and empower carriers to inappropriately delay or deny payment of claims. At the same time, MSSNY has also asked that carrier abuses be addressed as part of any reform package, including requiring carriers to consult with appropriately trained physicians before denying medical claims as well as requiring payment for treatment provided to intoxicated drivers in the emergency department of a hospital. Discussions are expected to continue through the weekend and into next week.
Available space |
Young Physicians Save the Date! |
Have you been in practice less than 10 years?
You are cordially invited to
A Young Physicians Evening
on Thursday, July 15, 2010, at 6 pm
at the
New Hyde Park Inn
214 Jericho Turnpike, New Hyde Park, NY.
Come to meet, mingle and relax – and make business contacts. Enjoy a complimentary buffet dinner and open bar, and hear Dr. Lawrence G. Smith, Dean and Chief Medical Officer of the Hofstra University School of Medicine, discuss the new medical school as well as opportunities for local physicians to participate.
The evening is sponsored by the North Shore LIJ Health System and organized by MSSNY.
RESERVATIONS ARE REQUIRED. Please contact sbennett@mssny.org or call 516-488-6100
