See 2008 HOD Resolutions See 2008 HOD Resolutions

MEDICAL SOCIETY OF THE STATE OF NEW YORK PHYSICIAN

See 2008

RECRUITMENT

HOD

NEWS OF NEW YORK STUDY

Resolutions

page 8

page 3

Volume 63 • Number 4 • www.mssny.org Providing Information to Assist Physicians in the State of New York April 2008



ETHNIC AND ECONOMIC DISPARITIES IN

OCCURRENCE OF ASTHMA & OBESITY

Physician Rally Highlights Need for

The most recent Minority Surveillance Health Report, covering the period

Immediate Medical Liability Reform

2003-2005, was released by the NYS Department of Health in September On March 4, almost 2000 prac-

2007. The data show progress in reducing health disparities and access to ticing physicians descended on

care for minority and low-income people, but these groups continue to have Albany to advocate for redress of

worse health overall, as well as higher rates of conditions like asthma and the looming medical liability crisis

obesity. in New York State. Addressing the

Percent of Adults 18 Years or Older Diagnosed with Asthma crowd, which assembled in both the

Hart and Swyer theaters in the

Race / Ethnicity Income Albany Egg, MSSNY President

8.7% Less than 11.7% Robert Goldberg, DO, said that

White

$15,000 New York State’s physicians can

$15,000-$25,000 9.2% no longer shoulder the burden of

Black 8.9%

$25,000-$50,000 8.5% the failed liability adjudicative sys-

Asian 5.3% tem. “Malpractice litigation is out

$50,000-$75,000 8.4%

of control. There are too many suits

Hispanic 9.0% 7.2%

$75,000+ and too many of them are without

any justification whatsoever. We

are tired of offensive trial lawyer

Percent of Obese Adults 18 Years or Older rhetoric that insults our profession. The liability litigation Association, and Ken Raske, President of the Greater New

system has failed, not the health care system. The problem York Hospital Association, who demonstrated the unity of

Race / Ethnicity Income

must be fixed now,” he said. concern of the healthcare community to the burgeoning

20.8% Less than 27.8% The audience also heard remarks by Superintendent of medical liability crisis.

White $15,000

24.9% Insurance, Eric Dinallo, Deputy Secretary for Health Dennis Physicians later met with their elected representatives in

Black 29.6% $15,000-$25,000

Whalen and Senate Majority Leader Joseph Bruno, each of their offices to discuss these issues in greater detail.

$25,000-$50,000 22.8%

whom pledged to work with the Medical Society to resolve MSSNY’s Department of Governmental Affairs and

Asian 7.0%

$50,000-$75,000 22.1% the predominant issues of concern to organized medicine. Division of Communications wishes to thank all the county

Hispanic 24.1% 17.4% The morning program was followed by a demonstration and specialty medical society executives who worked so

$75,000+ diligently with us to make this day the success it was.

on the steps of the state capitol. The physicians were

Adult obesity is defined as having a body mass index equal to or joined by Dan Sisto, President of the Healthcare (See more photos on pages 4 and 6)

greater than 30.

Source: Crain’s Pulse A Turn of Events Concludes Most Americans Concerned

with Hope and Promise of About Access to Care

No Extension Planned for OBS Governor David Paterson Poll shows most Americans concerned about seniors’

Accreditation; Few Have Applied A tragic series of events, which rocked Albany and, access to care because of Medicare cuts to physicians.

MSSNY has been informed notice explains what is covered indeed, the entire State of New York, concluded with the A telephone survey of 1,006 adults 18 years of age

that very few physicians have by the new law. resignation of Governor Eliot Spitzer. Lieutenant and older living in the continental United States was

applied for the accreditation that REMINDER: Chapter 365 Governor David Paterson took oath of office on Monday, conducted by Opinion Research Corporation for the

is required by law for all practices of the Laws of 2007 may affect March 17th. Lieutenant Governor Paterson held a press American Medical Association (AMA) from February

that perform office-based surgery physicians who perform office- conference on March 13 to state that he was ready to 22-25, 2008. The margin of error is +/-3%.

(OBS) using more than minimal based surgery (OBS). OBS assume the office of governor and was already working

or local anesthesia and for those involves any surgical or other around the clock to fully inform himself concerning the Poll Highlights

that perform more than 500 cc of invasive procedure performed many, many complex issues that will now be before him • When told about the cuts, 8 out of 10 Americans are

liposuction. The NYS outside of a hospital, diagnostic as governor. concerned that access to care for Medicare patients will

Department of Health informed and treatment center or other In the short term, the on-time passage of the state bud- be hurt.

MSSNY that there will be no Article 28 facility in which mod- get is obviously the most critical challenge before • 88% of current Medicare patients (age 65+) are con-

extension of the July 14, 2009 erate sedation, deep sedation or Governor Paterson. Other implications of this transition cerned that seniors’ access to care will be hurt because

deadline for accreditation and general anesthesia is used. The are as of yet unclear. We do know, however, that of impending cuts.

asked MSSNY to make sure that law requires accreditation of cer- Governor Paterson is a compassionate individual and an • 87% of Americans age 55-64 are concerned that

all physicians are aware of this. tain practices that perform OBS extremely intelligent and thoughtful leader. We know that access to care will be hurt because of the impending

The accreditation process takes and requires reporting of certain he is well-liked by legislators on both sides of the aisle, cuts. The oldest baby boomers turn 62 this year and will

time; physicians, who by the defi- adverse events. policy makers and pundits alike. It will take time to assure begin relying on Medicare in 2011.

nition of the law need to be The Law requires an OBS prac- that he and his staff are appropriately informed of the • Nearly three-quarters (73%) of Americans believe

accredited, should, therefore, tice to have completed the accred- many different facets of our two primary areas of concern: Congress should stop the cuts to physicians so they can

begin the process now in order to itation process and received its medical liability reform and managed care reform. continue to care for Medicare patients.

have it completed before the Certificate of Accreditation on or Your governmental affairs staff has already begun to • The majority of Americans, 65%, are not aware that

deadline. prior to July 14, 2009. reach out to Governor Paterson and his staff as we con- Medicare will start cutting payments to physicians this

The following NYS-DOH tinue to pursue our objectives to redress these and other July and that the cuts will total 15% over 18 months.

(Continued on page 5)

(Continued on page 10)





INSIDE NEWS

What’s happening Dr. Goldberg tells Medical students Report of House CDC recommends

in Albany this of his exciting trek to Albany, Committee on flu vaccina-

month?…..page 2 year……..page 4 too………page 10 Bylaws…...page 12 tions………..page 14

Aetna Delays Implementation of ALBANY UPDATE

GI Anesthesia Policy Budget Conference Committee the physician regarding where a patient can

Aetna announced that it will delay the medical officer. “We have determined that in Discussions to Begin obtain such radiological tests; and

effective date of a new clinical policy address- those few markets where monitored anesthe- Joint Budget Conference Committees have • assuring appropriate continuity of care

ing the medical necessity of an anesthesiolo- sia care (MAC) has become the routine commenced, following the NYS Assembly in situations where an injured worker’s treat-

gist’s services during routine upper and lower approach to sedation, implementation of our and Senate passing their respective one-house ing physician is not part of a network.

endoscopic procedures, such as a policy on April 1 would inconvenience our budget proposals. The state’s new fiscal year Regulations on this issue have not been pro-

colonoscopy. Aetna has always covered mod- members in those markets and potentially began on April 1. Among the major problems mulgated yet, but are forthcoming.

erate sedation, which is delivered by the treat- depress cancer screening rates in the short to be grappled with by the Senate, Assembly • Concerns relative to the significant length

ing physician, and is the type of sedation used term.” and incoming Governor Paterson over the of the proposed new C-4 forms, and the fact

for the majority of colonoscopies across the In addition, Aetna said, “Some groups and next two weeks is closing a $4.6 billion bud- that physicians cannot submit these claims

country. In the new policy, which was individuals, unfortunately, have chosen to get gap. electronically.

announced in late December, Aetna continues misinterpret the new policy as no longer cov- Importantly, the Senate’s budget resolution • Concerns regarding the ongoing ability of

to cover moderate sedation, but only covers ering sedation, and have suggested that the identified medical liability reform as one of its physicians to be fairly and promptly reim-

monitored anesthesia care for high-risk policy would negatively impact screening priority issues to be worked out as part of the bursed for care provided to injured workers;

patients. The policy was scheduled to be effec- rates. Neither is true. Aetna has always cov- state budget. The Senate’s budget proposal • The need for a long-overdue increase in

tive on April 1, 2008. Aetna will now delay ered moderate sedation for routine colono- also included an additional $3 million for reimbursement for care provided to injured

implementation until patient-friendly alterna- scopies and endoscopies, and the company’s MSSNY’s successful physician Health workers; and

tives – which will not require the added member data confirms there is no relationship Information Technology Program, funding • The willingness of MSSNY to assist the

expense of an anesthesiologist – are approved between improved screening rates and the use which had not been included as part of the WC Board in educating the physician commu-

by the Food and Drug Administration (FDA) of monitored anesthesia care. Aetna believes Executive budget proposal introduced earlier nity regarding the new treatment guidelines,

and available in the marketplace. such misinformation can cause confusion this year. The Senate’s budget proposal also once the work of the Task Force is completed.

“Aetna believes that we have a responsibil- among its members and could negatively maintains $24 million in new funds that had

ity to encourage physicians to follow clinical impact colon cancer screening rates. Such an been proposed in the Executive budget to CMS Releases Preliminary Data on

practices based on the best medical evidence,” outcome is unacceptable to Aetna.” enhance the delivery of primary care to Medicare Reporting Initiative

said Troyen A. Brennan, MD, Aetna’s chief Medicaid recipients, including through addi- The American Medical Association received

tional reimbursement to physicians and clinics. preliminary data from the Center for Medicare

Both the Senate and Assembly’s budget and Medicaid Services (CMS) regarding

proposals maintained funding for a substan- physician participation in the 2007 Physician

Physicians tially expanded Physician Loan Repayment

Program (“Doctors Across New York”) that

Quality Reporting Initiative (PQRI). As report-

ed in previous publications, under the PQRI,

Rally In had been proposed in the Executive budget,

although the Assembly proposes to expand

physicians who report providing certain

defined measures are eligible to receive a 1.5%

Albany eligibility to physician assistants, nurse practi-

tioners, dentists and nurse-midwives. Both

enhancement in their Medicare fees.

According to the data, for the 6-month period

Houses also included funding for several ini- of July 1, 2007 through December 31, 2007,

tiatives of importance to organized medicine 15.74% of eligible physicians, or 99,319 out of

In a day of protest against the that had been contained in the Executive bud- 631,100 physicians with National Provide

current tort system, physicians

from every sector in the state get proposal, including continuation of the Identifiers (NPIs), attempted to participate. Of

left their white coats on the Excess Medical Malpractice Insurance the 99,319 who attempted to report data,

New York State Capitol Program; funding for MSSNY’s Committee 92,218 reported at least one measure success-

Building Steps. for Physicians’ Health, and an additional fully. The 1.5% bonus payment program was

$100,000 for MSSNY’s HIV “Get Tested, Get extended through 2008 through legislation

Treated” educational program. enacted by Congress in December 2007. We

will continue to provide additional information

Legislation Advances to Continue to physicians regarding the PQRI program as it

Committee on Physicians’ Health becomes available.

Legislation (A.10052, Gottfried/S.6999,

Hannon) to extend for five years the Assembly Passes Legislation to Reform

Committee for Physicians’ Health (CPH) has Health Insurer Practices

been passed by the NYS Assembly and will be Legislation supported by MSSNY to better

considered by the Senate Health Committee assist patients and their physicians in their

next week. The CPH program was created in dealings with health plans has passed the

1983 to allow for the confrontation and refer- Assembly and advanced to the Senate for con-

ral for treatment of physicians suffering from sideration. These bills include:

alcoholism, drug abuse or mental illness. If • A.4607, Gottfried, that would expressly pro-

enacted, this would be the eighth extension of hibit a number of inappropriate practices that

the original three-year demonstration period have been used by health plans, including the

and covers the period April 1, 2008 to March use of so-called “most favored nation” claus-

31, 2013. The Medical Society of the State of es in physician contracts; contract provisions

New York strongly supports the continuation that limit physician referrals to out-of-network

of this important program. providers; requiring a physician to include a

diagnosis on a prescription in order for the

MSSNY Meets with New Workers’ prescription to be filled; and any policy of

Compensation Board Chair “switching” prescription drugs without the

MSSNY President Robert Goldberg, DO, consent of the prescribing provider;

MSSNY Workers’ Compensation (WC) • A.4609, Gottfried, that would prohibit a

Committee Chair Phil Fontanetta, MD and health plan from denying needed treatment for

staff met with new WC Board Chair Zachary a patient based upon lack of medical necessi-

Weiss, Esq. to discuss organized medicine’s ty unless such denial is reviewed by a physi-

goals for enhancing the process of adjudicat- cian who is board-certified or board eligible as

ing the claims for care to injured workers. the health care provider providing the care or

While MSSNY is pleased with some of the treatment under review.

components included in last year’s WC • A.3789, Gottfried, that would assure that a

reform law, other measures contained in that patient’s physician or other health care

bill have been a major source of concern for provider be notified regarding the denial of a

physicians treating injured workers, and/or request for care and that an external appeal

require further clarification. The many issues may be assumed to challenge the denial.

raised by Drs. Goldberg and Fontanetta

included:

• Concerns relative to the new law that per-

mits carriers to direct injured workers to NOT A MEMBER YET?

obtain radiological and diagnostic tests from MSSNY’s achievements benefit

networks. These concerns include: all physicians!

• how the quality of care provided by Join your colleagues at:

these networks will be evaluated; www.mssny.org/mssnyip.cfm?c=

• the adequacy of the size of the networks; s&nm=Applications

• the documentation to be provided to



Page 2 — MSSNY’s News Of New York— April 2008

2008 Medical Society of the State of New York

ANNUAL HOUSE OF DELEGATES

Resolutions

The following resolutions will be presented for consideration by the 202nd Annual House of Delegates

BYLAWS impartial practicing physician of the same spe- cies to pay non-participating physicians direct- tion on physicians ensuring that financial infor-

Member Transfers and cialty who is licensed to practice medicine in ly, where the patient has made an informed mation is widely distributed.

County Dues Policy New York. choice to have his or her health insurance bene-

From time to time questions arise about fits paid directly to the non-participating physi- Universal Single-Payer Health System

which county society should receive the dues Medicare for All cian, by checking off the appropriate box or MSSNY should endorse a universal, single-

payment when a member transfers. The fol- In view of the Medicare program’s low data field on the CMS 1500 claim form. payer health financing system as outlined in the

lowing guidelines have been proposed and administrative costs of only 3 percent com- MSSNY should include in this legislation a pro- Journal of the American Medical Association,

agreed upon as a policy that is fair to the coun- bined with the current dissatisfaction with the vision that would allow for non-participating August 13, 2003, 260:6, p 798-805 and embod-

ty societies and to the transferring member: existing health insurance industry and its physicians to be paid the MCO fee schedule ied in the US House of Representatives

1. The physician should pay the amount billed excessive cost overruns and unnecessary and amount (whether the MCO applies its rates for Resolution 676 (H.R. 676); and MSSNY

by the county he or she is leaving, if the trans- time-consuming paperwork and payment non-participating or participating physicians), should direct its delegates to the AMA to advo-

fer is requested after bills have gone out. delays, the Medical Society of the State of New but not be precluded from billing the patient up cate and vote for a platform of Single-Payer

2. If the physician objects because the new York should submit a resolution to the June to the physician’s usual and customary fee. National Health Insurance; and MSSNY

county’s dues are lower than the dues amount 2008 Annual American Medical Association should draft legislation that establishes a sin-

billed, he or she will be asked to pay an aver- House of Delegates urging that Congress The Impact of the Med/Mal Crisis on gle-payer health insurance program in New

age of the two counties’ dues. expand the existing Medicare program to Women’s Health York State until such time that a national pro-

3. The affected county societies should share include people under the age of 65. MSSNY should approach the leadership of gram is in place.

the dues, based on the date of the transfer the National Organization for Women, the

request, as illustrated below. Contract and Fee Schedule Disclosure Susan Komen Foundation and other advocacy Limiting Access and Insurance

4. Should the member insist on paying the MSSNY should seek legislation to compel groups for women, to have MSSNY leadership Reimbursement for Psychiatric Drugs

lower of the dues amounts, the affected county third-party payers contracting with physicians and the leadership of these organizations work Psychiatrists, as a shortage group, are in a

societies will have 60 days to reach agreement, to provide full written contracts with all jointly to improve the access of all women to position to opt out of onerous contracts or limit

or MSSNY will advise the member to pay the changes highlighted and with applicable fee timely, affordable and high quality health care. access to their insured members; and patients in

lower dues amount. schedules each and every time they renew con- need of expert psychiatric management are now

tracts. MSSNY should direct its delegates to Availability of Cornea Donor Tissue being disadvantaged by unreasonable docu-

GOVERNMENTAL AFFAIRS urge the AMA to seek federal legislation to Many patients wait months for a determina- mentation demands that is likely to deny them

MSSNY to Develop a Patient-Directed compel third-party contracts with applicable tion of coverage of cornea donor tissue only to access to care; therefore, MSSNY should notify

Educational Campaign Regarding schedules each and every time they renew be denied and, therefore, must pay for the tis- the appropriate state agency/legislature that the

Managed Care Organizations and these fee contracts. sue themselves, which for many patients is practices of (1) “fail one” or “fail two” generic

Their Financial Status impossible. MSSNY should petition the Health psychiatric drugs to obtain insurance reimburse-

Many MCOs have reduced physician pay- Changes in Overpayment Recovery Commissioner, the Superintendent of ment for a non-generic drug, and (2) limiting

ments to the point that many physicians cannot The present law regarding overpayment Insurance and any and all other appropriate doses by numbers of pills per day, be terminat-

afford to stay in practice; and MCOs continue recovery attempts does not provide for the levy- authorities to force all insurance companies in ed immediately as harmful and destructive.

to show huge corporate profits for their share- ing of an immediate penalty against any entity New York State to reimburse surgical facilities

holders, and to pay their senior officers salaries that fails to comply with the law. MSSNY for the cost of the cornea donor tissue. Prohibition Against Unsupervised

that are far higher than the accepted norms. It is should seek an amendment whereby civil mon- Nurse Injectors

likely that many members of the general public etary penalties would immediately be applied Home Attendant Instilling Eye Drops Services provided at some spas are the injec-

– including many people who are enrolled in (1) each time an insurer, in attempting to recov- Instilling eye drops is very simple and intu- tion of muscle paralysis Botulism A Toxin

managed care plans – are unaware of these er alleged overpayments, was determined to itive and can be taught when necessary with (Botox) and permanent and semi-permanent

facts, therefore, MSSNY should (1) obtain have failed to comply with the 24-month “look- very basic instruction. If home attendants and fillers used to plump out wrinkles; these treat-

information on market share penetration by back” period, and (2) each time an insurer was other caretakers were allowed to instill eye ments have the potential for serious adverse

managed care organizations (MCOs), in order determined to have failed to provide the drops in patients with glaucoma and other ocu- outcomes that are best avoided by having

to gauge the impact on competition; (2) obtain required 30-day notification period. MSSNY lar disorders requiring eye drops, there would physicians perform a history and physical

information about the salaries, stock options, should draft and introduce legislation to amend be great benefit to these patients. Needless exam, a treatment plan and then skillfully

and bonuses that are provided to senior officers the present provisions of Chapter 551 of the blindness could be prevented by this simple administer the injection of the modalities;

of MCOs; (3) track MCOs’ increasing premi- Laws of the State of New York (Section 3224B measure. MSSNY should, therefore, petition MSSNY should advocate for legislation and

um rates and show how this trend affects access of the New York State Insurance Law), regard- the appropriate authorities to allow home atten- regulation that requires nurse injectors of

to medical care; and (4) track the percentage by ing the levying of fines and penalties on man- dants to instill eye drops in their patients. Botox and facial fillers to be under the direct

which MCOs have reduced physicians’ fees; aged care organizations (MCOs) that have supervision of a physician when injecting these

and MSSNY should make every effort to failed to comply with required timeframes for Medicare Advantage, Managed substances.

reduce the cost of medical liability insurance overpayment recovery efforts, and/or that have Medicaid, Medicare Part D and SNFs

for physicians in New York State before the failed to comply with other provisions of New Physicians caring for residents in skilled MSSNY Seek to Amend the New York

number of physicians practicing in New York York State Law pertaining to such efforts. nursing facilities (SNFs), whose insurance State Prompt Payment Law

State is reduced to a level that may cause delays MSSNY should include a provision in this arrangements are ever-changing and obscure, Many third-party insurers in New York have

in accessing and/or an inability to access health amendment that would remove violations of the face administrative burdens and sometimes devised ways to circumvent this state’s Prompt

care, especially in high-risk specialties. Overpayment Recovery provisions from the non-payment because of a treatment episode Payment law, in some instances by suspending

present Market Conduct Examination Process. rendered when the payers identity was obscure claims “for development” (in order to obtain

Medically Necessary Procedures/ to the physician (even though the payer was additional information and documentation),

MCO Pre-certification and Promoting a Fully Functional Common being paid); therefore, MSSNY should pursue even though this “development” is unneces-

Pre-authorization Protocols Healthcare Payer Network legislation and/or regulation to simplify and sary, and in other instances by initiating pre-

Obtaining initial (pre-payment) pre-certifica- MSSNY should work to promote or devel- make transparent the health coverage of Skilled payment reviews even where the claims show

tion/pre-authorization for medically necessary op a fully functional common healthcare Nursing Facility residents, in order that patients no aberrant patterns of coding or claim submis-

procedures is a waste, for all parties, of valu- payer system that is open to all payers and receive timely and appropriate treatment and sion. Due to these strategies for circumventing

able resources that could be better spent else- providers and provides (1) real time adjudica- physicians are paid for these services. the law (deliberately or not), many claims are

where. MSSNY should draft and introduce leg- tion of all claims prior to the time of service; not processed (paid or denied) within New

islation requiring managed care organizations (2) real time payments for services rendered; Increasing Matriculation of Medical York’s 45-day time limit. MSSNY should work

(MCOs) to obtain more clinical input from and (3) private and secure financial analysis to Students for the introduction of federal legislation that

New York physicians in determining which patients, providers of healthcare, administra- MSSNY should support increasing the num- imposes a strong federal standard for prompt

services or procedures should require pre- tors of healthcare plans, healthcare payers and ber of medical students, provided that such payment, following the AMA’s recommenda-

authorization or pre-certification; and this leg- public healthcare policy evaluators. MSSNY expansion would not jeopardize the quality of tions, which include: (1) requiring payment

islation should also include a formal definition should urge the AMA to promote or develop a medical education. within 30 days for clean paper claims and 14

of “medically necessary service or procedure.” national fully functional common healthcare days for clean electronic claims; (2) imposing

MSSNY should also draft legislation to prohib- payer system as for New York State. Notice Before Enacting any New Law stiffer fines than those currently in state laws,

it third-party insurers from automatically and MSSNY should no longer support any for insurers that fail to comply with the federal

retroactively denying a service or procedure Non-participating Physicians Who unfunded mandates to physicians. The recent prompt payment law; (3) requiring that interest

that was previously pre-authorized; and this Accept Assignment immunization registry was enacted without be assessed on the amount of payment out-

legislation should require that when an MCO MSSNY should draft and introduce legisla- adequate consideration on the financial impact standing, and that interest increase with the

challenges a service or procedure on a post-pay tion to require that managed care organizations on physicians; MSSNY should seek to clearly length of time the claim has been delinquent;

basis, the review should use input from an (MCOs) develop and implement payment poli- define the financial impact of all such legisla- (Continued on page 8)





April 2008 — MSSNY’s News Of New York— Page 3

MEDICAL SOCIETY OF THE STATE OF NEW YORK PRESIDENT’S COLUMN

NEWS OF NEW YORK A Year of Real Change and New Partnerships

MEDICAL SOCIETY Some of you will recall that the 2007 determine what is “best” for our patients without assum-

OF THE STATE OF NEW YORK MSSNY House of Delegates was cut ing responsibility for patient comfort or outcomes, pub-

Robert B. Goldberg, DO President

Patricia A. Randall, MD Chairman of the Board short because of the threat of the lic health danger from contaminated multi-use vials; and

William Abrams, Esq. Executive Director storm of the century. Any president finally, the sale of medical student rotation slots.

Philip A. Schuh, CPA Chief Operating/Financial Officer taking office on such an auspicious Who would have predicted that we would stand side-

COMMITTEE ON PUBLICATIONS AND day should have suspected that the by-side, on four separate occasions, with Attorney

COMMUNICATIONS year would be fast, furious and General Andrew Cuomo, as he responded to the outcries

Edward Tanner, MD, Chair

Robert Bruce Bergmann, MD Sanjay Jain, MD fraught with both excitement and about the abuses thrust upon us and the patients we serve

Joseph J. Tartaglia, MD Albert M. Ellman, MD danger. It was akin to riding the by managed care companies? This is the year that United

Judy Francomano, AMSSNY Paul A. Hamlin, MD

Veronica C. Santilli, MD Richard Nickerson, MD Dr. Robert Goldberg Cyclone of Coney Island, competing Health Group and Ingenix were exposed for their role in

Andrew Y. Kleinman, MD Jordan Pritzker, MD in the Tour de France, racing in the the manipulation and dissemination of flawed usual, cus-

Indy 500 and climbing Mount Everest in the same year! tomary and reasonable charge data.

NEWS OF NEW YORK Every day was a new challenge calling upon a few tal-

Published by Medical Society of the State of New York No one would have predicted that we would be invited

Executive Vice President, Communications and Member Relations ents of which I was aware and many that had never been

to the table to discuss governmental study into the need

Thomas M. Donoghue, Director tapped.

tdonoghue@mssny.org for tort reform, or the insurmountable surcharge dangling

I have had the privilege of attending county meetings over us if no agreement is reached this year. Who would

News of New York Staff spanning Buffalo to Queens Boulevard, and from have thought “The Steamroller” would be derailed?

Christina Cronin Southard, Editor Sullivan County north to Lake Placid. One of the func-

csouthard@mssny.org Yes, the year was furious, but so unpredictably fast. I

tions of the office is to listen earnestly to complaints and

Kelly Kleine Zenker, Assistant Managing Editor have had exactly five days off since taking on this posi-

kkzenker@mssny.org suggestions. The gravity of physicians’ concerns is both

tion. I have never worked harder, nor have I had as much

Lynda Lees Adams, Media/Public Relations Coordinator life-affirming and heart breaking.

ladams@mssny.org satisfaction working in tandem with our state and county

I have had the honor of representing the society as we members, staff and leadership.

Steven Sachs, Web Administrator

ssachs@mssny.org faced unprecedented challenges to the practice of mod-

One fact is clear— New York State is teeming with

ern medicine. We have confronted consolidated managed

dedicated talent, brimming with ideas, and dedicated to

NEWS OF NEW YORK care plans making application for “for-profit status” for

ADVERTISING REPRESENTATIVES providing the highest quality care found anywhere in the

new entities (GHI + HIP=Emblem Health); Medicare

Business Showcase • Physician Opportunities world.

and Classified Advertising

intermediary consolidation and the onslaught of Local

MAINLY MARKETING ENTERPRISES, INC. Carrier Determination policies; managed care roll outs of Thank you for allowing me to do all that I could to so

516-883-0313 • Fax: 516-883-1307 physician ranking programs; Workers Compensation that all of my colleagues could continue in their struggle

For general advertising information contact reform with pivotal change introducing medical treat- to practice medicine in the manner which only they

Christina Cronin Southard

ment guidelines; retail clinics operating without an infra- know best.

Phone 516-488-6100 ext 355

csouthard@mssny.org structure and necessary guidelines to which physicians

The News of New York is published monthly as the official publication of the Medical

must adhere; medical management decisions emanating Robert Goldberg, DO

Society of the State of New York. Information on the publication is available from the from corporate board rooms as managed care plans MSSNY President

Communications Division, Medical Society of the State of New York, 420 Lakeville Road,

Lake Success, NY 11042.

The acceptance of a product, service or company as an advertiser or as a membership benefit

of the Medical Society of the State of New York does not imply endorsement and/or approval

of this product, service or company by the Medical Society of the State of New York. The

Member Benefits Committee urges all our physician members to exercise good judgment when

purchasing any product or service.

State Legislation Day Draws 2000 Physicians –

Although MSSNY makes efforts to avoid clerical or printing mistakes, errors may occur.

In no event shall any liability of MSSNY for clerical or printing mistakes exceed the charges

paid by the advertiser for the advertisement, or for that portion of the advertisement in error

The Most Highly Attended Rally Ever!

if the primary or essential message of the advertisement has not been totally altered or sub-

stantially rendered meaningless as a result of the error. Liability of MSSNY to the adver-

tiser for the failure to publish or omission of all or any portion of any advertisement shall in

no event exceed the charges paid by the advertiser for the advertisement, or for that portion

of the advertisement omitted if the primary or essential message of the advertisement has not

been totally altered or substantially rendered meaningless as a result of the omission.

MSSNY shall not be liable for any special, indirect or consequential damages, including lost

profits, whether or not foreseeable, that may occur because of an error in any advertisement,

or any omission of a part or the whole of any advertisement.









MEDICAL SOCIETY OF THE STATE OF NEW YORK



AT YOUR SERVICE

MSSNY’S LAKE SUCCESS OFFICE

Main Phone Number .....................................516-488-6100

Toll Free Number ..........................................800-523-4405

Main Fax Number .........................................516-488-1267

MSSNY Website ........................................www.mssny.org



EXTENSIONS FOR SPECIFIC SERVICES:

Alliance ........................................................................396

Communications ............................................................351

Computer Information Systems.....................................361

Legal Counsel ................................................................352

Member Benefits/Marketing..........................................424 On March 4, almost 2000 physicians

Membership Information ...............................................336 rallied in Albany to protest medical

Medical, Educational & Scientific Foundation .............306

Office of the Executive Vice President .........................308 malpractice rates. As a symbol of their

Ombudsman Claims Assistance.....................................318 frustration, they left their white coats on

Physician Records/Credentials ......................................367 the capitol building steps.

Policies and Bylaws .......................................................309 (Above) MSSNY President Robert

Socio-Medical Economics .............................................332

Goldberg, DO, amid a sea of white

ALBANY OFFICE: coats. (Lower left) Vans carried our mes-

Continuing Medical Education ..........518-465-8085 ext.17 sage to Albany legislators regarding

Public Health Committees ................518-465-8085 ext. 11 possible lack of access if no relief is

Governmental Affairs....................................518-465-8085

Fax .................................................................518-465-0976

offered soon to New York physicians.



OTHER NUMBERS:

Committee for Physicians’ Health................800-338-1833 The NEWS of NEW YORK ISSN 0028-9264, Periodical POSTAGE PAID at New Hyde Park and other additional mailing offices. The NEWS of NEW YORK is pub-

Dispute Resolution Agency...........................516-437-8134 lished monthly by the Communications Division, Medical Society of the State of New York, 420 Lakeville Road, Box 5404, Lake Success, NY 11042. Please address all

correspondence to the Editor. POSTMASTER: Please forward all change of address forms to the Editor, NEWS of NEW YORK, Medical Society of the State of New York,

420 Lakeville Road, Box 5404, Lake Success, NY 11042. Subscription, $36.00 non-members, $18.00 members.





Page 4 — MSSNY’s News Of New York — April 2008

Bloomberg Likes EHRs

The Political Corner

By Bill Rosenblatt, MD, and Richard Peer, MD





This is a time like no other. For forty years New you can be. Whenever possible, talk to your col-

York State has maintained a balance of power leagues. Truth be told, all physicians, both mem-

between both houses of the legislature. Democrats bers and non-members alike, benefit when we win

have ruled the Assembly and Republicans domi- victories in Albany. Let your non-member col-

nate the Senate. At times those margins have been leagues know how much money your efforts

slim and, for the first time in memory, we are helped save them this year alone. But let them

poised for a possible shift in power, which could know also that we can’t keep winning their battles

have monumental consequences. What could that without their help.

mean for physicians? One of the complaints we’ve Our thanks go out to the almost 2,000 physicians,

heard often about politics is that the process is Dr. Bill Rosenblatt, residents, students and alliance members who par-

“slow as molasses.” Often we want action and we MSSNY-PAC Chair ticipated in MSSNY’s recent Legislative Day.

want it yesterday! One of the reasons for this Many travelled several hours. Most gave up an

“sluggishness” is partisanship. With each party’s entire day of practice. All this was done to rally at On February 25, Sumir Sahgal, MD, Medical Director of

agenda differing from the other’s, compromise is the capitol, where white coats were strewn upon Essen Medical Associates, Grand Concourse, Bronx; was

difficult, and very often a resolution that is accept- the steps in order to illustrate the profession’s visited by NYC Mayor Michael Bloomberg. The mayor was

able to everyone involved is hard to achieve. When growing frustration over the worsening medical accompanied by the NYC Health Commissioner, Dr. Thomas

it comes to healthcare policy, the “everyone” liability situation that exists in New York. Those Frieden, and NYS Commissioner of Health, Dr. Richard

encompasses physicians, patients, allied health pro- of us who were not there owe a real debt to those Daines. The NYC Department of Health and Mental Hygiene

fessionals (non-physician practitioners), hospitals, who were. What better way to pay that debt than project funded the Primary Care Information Project (PCIP),

trial lawyers, businesses and insurance companies – to join MSSNYPAC! which involves the use of electronic health records (EHR) in

all groups with widely varying objectives. The Since this event, we have had many phone calls to offices to improve quality patient care. Dr. Sahgal embraced

Senate Republican Majority slipped to 32-30 after a Dr. Richard Peer, our office asking how physicians could become

MSSNY-PAC Chair more involved. The medical liability crisis has lit a the system and has been using EHR for several months.

recent loss of one seat in a Special Election in the Mayor Bloomberg used Dr. Sahgal’s office as an example of

48th District (Jefferson, St. Lawrence and Oswego fire inside many physicians, and we encourage how EHR can help physicians provide better care for their

Counties.) everyone to continue to do their part to help remedy this dev- patients in the community.

Suddenly, with all of this happening, Eliot Spitzer was astating situation. Keep up the letter writing, the phone calls

compelled to resign and David Paterson assumed the Office to your legislators, ask your patients to do the same. It is

of Governor. When this shockingly sudden change occurred,

little attention was paid to the fact that for the next two years

important to continue grassroots action efforts, even after the

energy of Legislative Day wanes. Let us repeat – if you were

OBS Accreditation:

and nine months the Lieutenant Governor’s office will be unable to make a contribution during Legislative Day, or have No Extension

vacant, leaving Senate Majority Leader Joseph L. Bruno to never contributed to MSSNYPAC before, then please call our

(Continued from page 1)

exercise at least some of the Lieutenant Governor’s powers office today and make one.

(just where his legal authority begins and ends is a matter of The New York State Department of Health had approved

some debate within the legal community). The effect of the A NEW DAY, A NEW HOPE… the following accrediting agencies:

Spitzer resignation on next fall’s election, furthermore, is yet Recent events involving the political configuration in • Accreditation Association for Ambulatory

to be determined. Most, however, feel it can only help the Albany provide an opportunity never seen before in New Health Care (AAAHC)

Republicans. York State. We have our first African-American governor. 5250 Old Orchard Road, Suite 200

Despite the events of the last few weeks, the intense strug- He is a highly intelligent man, who is extremely well-liked Skokie, IL 60077

gle for control of the Senate will certainly continue. Our polit- by virtually all who have dealt with him, regardless of party www.aaahc.org

ical analysts all agree that this year, a war will be waged for affiliation. There is hope that he can serve as a catalyst for • American Association for Accreditation of

control of the Senate. Our chief aim is to ensure that health- the action which all agree is essential for New York State to Ambulatory Surgery Facilities (AAAASF)

care in New York State is not a casualty of this struggle. meet and resolve its many, many problems. Perhaps at long 5101 Washington Street, Suite 2F

We will be closely watching all races, especially the mar- last the gridlock can be broken. There has never been a better Gurnee, IL 60031

ginal races and provide updates to you as information or more important time for physicians to join MSSNYPAC. www.aaaasf.org

becomes available. If you have questions about anything contained herein or

• The Joint Commission

would like to make a contribution to MSSNYPAC, please con-

One Renaissance Boulevard

PARTICIPATION – THE ANTI-APATHY REMEDY tact Jennifer Wilks at our office in Albany at 518-465-8085.

Oakbrook Terrace, IL 60181

Political Action’s number one killer is Apathy and the only

w w w. j o i n t c o m m i s s i o n . o r g / A c c r e d i t a t i o n

known cure is Participation. It’s important to get involved MSSNY-PAC is a bi-partisan political action committee run

Programs/Office-BasedSurgery

and stay involved. You can do this by contributing to the by physicians, with student and Alliance representation. Our

PAC, attending the events of your legislators and building goal, in conjunction with the American Medical Association’s

For more information, go to the New York State Department

relationships with them. Moreover, your comments and sug- AMPAC, is to support and elect pro-medicine candidates to

of Health website at:

gestions to our office help keep the PAC viable. We try to state and federal office. Participation is open to contributors

www.health.state.ny.us/professionals/officebased_surgery/ob

remain open, flexible and responsive to our members and who are physician members of the MSSNY, their spouses, and

s_faq.htm.

considerate of our non-members. Make grassroots action a medical students; part of your MSSNY-PAC dues supports the

Information is also available in the MSSNY website at:

part of your practice. Let your patients know how important AMPAC. PAC dues are not tax deductible. You can contact

www.mssny.org/mssnyip.cfm?c=i&nm=Office_Based_

government is to you and to them. Encourage them to ask Jennifer Wilks at MSSNY’s Division of Governmental Affairs

Surgery.

questions and to help you be the best provider of healthcare at 518-465-8085 or mssnypac@mssny.org.









April 2008 — MSSNY’s News Of New York— Page 5

Young Physicians (YPS) Elect New Officers

YPS Governing Council:

Alice Ko, MD, Co-

Secretary; Anu Khilnani,

MD, Vice Chair; Shervin

Mortazavi, MD, Immediate

Past Chair; David

Podwall, MD, Chair;

Howard Huang, MD, Co-

Secretary. (Not pictured:

Inderpal Chhabra, MD,

YPS Councilor).





State Legislation Day









(Above) Westchester

physicians on the march;

(Far left) Majority Leader

Senator Joe Bruno with

Governmental Affairs

Executive VP Gerry

Conway; (Left) NYS

Insurance Commissioner

Eric DiNallo; (Bottom)

Physicians filled two

auditoriums to maximum

capacity.









Upcoming MSSNY 2008 HIT Vendor Fairs

DATE TIME REGION CITY/LOCATION PLACE

Wed, April 30 8 am - 3 pm Central New York Syracuse Double Tree Inn

Fri, May 2 8 am - 3 pm Western New York Rochester RIT Conference Center

Fri, May 9 8 am - 3 pm Long Island Route 110 Huntington Hilton

Register online at www.mssny.org after clicking hyperlink or call Ron Pucherelli at 518-465-8085.





Upcoming HIT Dinner Seminars

DATE TIME CITY PLACE PHONE SPONSOR

Wed, April 16 6 pm New York Peking Hunan Park 518-427-0366 NYACP/Manhattan

Fri, May 7 6 pm Ronkonkoma Holiday Inn 631-851-1400 Suffolk CMS

Tues, May 13 6 pm New York Peking Park 212-684-4670 New York CMS

Tues, May 20 6 pm Garden City Akbar Restaurant 718-322-2903 Queens Family

Physicians

To obtain updated schedule, contact Janice Morano at jmorano@mssny.org or 516-488-6100 x302.









Page 6 — MSSNY’s News Of New York — April 2008

April 2008 — MSSNY’s News Of New York— Page 7

2008 Medical Society of the State of New Y

(Continued from page 3) hibiting health insurance reimbursement for ser- United States Health Care and brand and price of equipment that the family

and (4) requiring that the insurer absorb any fees vices provided at a retail medical clinic by a Gratuitous Privatization wants and can afford.

and costs that the physician may incur due to the non-physician provider. MSSNY should oppose those health care

lack of prompt payment of the claim, provided policies that favor insurance products to achieve Expiration Dates

that the physician can document that these fees Re-institute Property and Casualty the health care goals of quality, cost containment MSSNY should seek legislation that requires

or costs might not have been incurred if the Insurers’ Contribution to the Excess and interoperability, when evidence to support all manufacturers of medical supplies and equip-

claim had been paid within the mandated time MSSNY should continue to vigorously sup- their superiority is absent. ment to use a standard calendar for all expiration

frame. port medical liability reform, including premi- dates and that every product have a clear expira-

um relief; and MSSNY should support Elimination of For Profit Health tion date on it.

Reimbursements for Use of Interpreters Assembly A08991 and Senate S6131 which Insurance

Current law prohibits physicians from charg- would create a medical malpractice underwrit- MSSNY should advocate for legislation that Home Infusion of Antibiotics

ing patients (or billing insurance carriers) for the ing association to remedy the existing unbal- will specify that only not-for-profit health insur- MSSNY should seek legislation to require

use of interpreters. MSSNY should urge the anced situation by bringing in much needed ance companies will be licensed and authorized that home infusion of antibiotics be covered by

AMA to aggressively implement Resolution 209 financial resources to help shoulder the fiscal to sell health insurance in the United States. Medicare so that hospital length of stay and cost

adopted at the 2003 Annual AMA House of burden of supporting this vitally important med- can be decreased.

Delegates, which seeks legislation to eliminate ical malpractice insurance market of last resort. Improvement in Care Delivery When PA

the financial burdens of physicians, hospitals. is Performing an Invasive Procedure PUBLIC HEALTH

and health care providers for the cost of inter- A $250,000 Cap on Non-Economic That the physician supervising the invasive Support for the Practice of Expedited

pretative services for patients who are hearing Damages Remain A MSSNY Priority procedure, being performed by a Physician Partner Therapy for Persons Infected

impaired or do not speak English. Following the lead of the AMA’s pursuit of Assistant (PA), must be immediately personally with Chlamydia Trachomatis to Prevent

enactment of a $250,000 cap on non-economic and physically available and, at a minimum, in Reinfection

Re-institute Property and Casualty damages on a Federal level, MSSNY should the same building that the procedure is being MSSNY should support New York State poli-

Insurers’ Contribution to the Excess include a $250,000 cap as a top priority in dis- performed; and the PA must inform the patient cies and support legislation that would allow a

MSSNY should continue to vigorously sup- cussions of solutions to the liability crisis. and/or family member, providing consent for the health care practitioner diagnosing Chlamydia

port medical liability reform, including premi- invasive procedure, the exact identity and loca- trachomatis in an individual to prescribe or dis-

um relief; and MSSNY should support Gain-sharing tion of the supervising physician, before the pro- pense antibiotics to that person’s sex partner(s)

Assembly A08991 and Senate S6131, which The failure to allow gain-sharing is a poten- cedure begins, and an opportunity be given to without examining them.

would create a medical malpractice underwrit- tial loss of income for hospitals and physicians; the patient and/or family member to discuss the • MSSNY should develop a policy statement

ing association to remedy the existing unbal- therefore, MSSNY should instruct its delegates procedure with the supervising physician; and that supports the practice of expedited partner

anced situation by bringing in much needed to the AMA to lobby for legislation to allow the PA must be required to meet all of the therapy (EPT), i.e., treating the sex partners of

financial resources to help shoulder the fiscal approval of properly-structured gain-sharing Quality Review standards that a physician must STI-infected persons without requiring the part-

burden of supporting this vitally important med- programs. meet, in their respective department, in the ners’ prior clinical evaluation as an alternative to

ical malpractice insurance market of last resort. review of the invasive procedure performed by traditional partner notification.

Workers’ Compensation Claims that PA.

Elimination of Pre-authorization for Reviews by Qualified Physicians Safe Disposal of Toxic Materials in

Commonly Approved Procedures MSSNY should seek thorough regulation Medicaid Home Care Consumer Products

MSSNY should seek the enactment of legisla- and/or legislation requiring that claims review MSSNY, in an effort to lower costs, should MSSNY should seek clearer and more effec-

tion, regulation or other appropriate means to for Workers’ Compensation claims be per- seek legislation so that home care is adequately tive laws regarding the disposal of consumer

eliminate the need to obtain pre-authorization for formed only by physicians licensed in the state covered by Medicaid so that hospital length of products containing toxic substances sold in

certain procedures and tests that are clearly indi- of New York and that are engaged in the active stay is reduced. New York State to effectively deal with the

cated based upon the patients particular health practice of medicine. future public health and financial impacts.

condition as defined by the relevant physician Home Care

specialty society guidelines; and MSSNY should Physician Education Week to Address MSSNY, in an effort to lower costs, should Financial Assistance for Physicians to

urge the New York State Department of Health to Malpractice Insurance Crisis seek legislation so that home visits by a physi- Comply with the NYSIIS

create, maintain and update a list of pre-approved All physicians in the State of New York be cian are adequately covered by health plans so MSSNY should express dissatisfaction with

procedures and tests, based upon relevant physi- urged to participate during the same 5-day week that hospital length of stay is reduced and costs the New York State Immunization Information

cian specialty guidelines. in a series of malpractice educational seminars in are lowered. System (NYSIIS) which is yet another unfund-

their respective communities; and the urgency ed mandate.

Timely Approval for Physician- for such an educational program, to highlight the Emergency Care

Requested Authorizations malpractice crisis and the prospective loss of MSSNY should seek legislation that requires Immunization Access to Parents of High-

That since managed care organizations can available medical care, be communicated to the the Department of Health to regularly publish Risk Infants Younger Than Six Months

frequently take a minimum of 24-48 hours to general public via the media, and that citizens be Emergency Department statistics for every hos- MSSNY should endorse the use of the neona-

provide authorizations for physicians to perform directed to demand action by their state legisla- pital that includes the number of times a hospi- tal intensive care unit and the hospital newborn

medically necessary diagnostic tests, often tors for medical liability tort reform. tal is on diversion, average time to obtain a hos- nursery as practical and legitimate venues for

resulting in physicians sending their patients to pital bed if admitted, average time to be seen and parents and first-person contacts of vulnerable

hospital emergency rooms to receive these tests, Support the “Sorry Works” Program discharged by a physician. This data should be infants (those less than six months of age and/or

thereby driving up the cost of health care, that MSSNY should support the “Sorry Works” as used for the strategic planning of the health care premature) to obtain vaccines against communi-

MSSNY request that MCOs licensed in the State long as it is accompanied with meaningful tort needs of communities. cable respiratory pathogens such as influenza

of New York provide appropriate authorization reform; and MSSNY’s delegation to the and pertussis; and MSSNY should recommend

within a reasonable period of time; and in the American Medical Association be directed to Universal Explanation of Benefits (EOB) that hospitals with neonatal intensive care units

event that physician authorizations to perform support the “Sorry Works” as long as it is MSSNY should seek state and federal legisla- and newborn nurseries consider making vaccine

medically necessary diagnostic tests are not accompanied with meaningful tort reform. tion requiring all health insurance plans to have against these pathogens available, and endorse

approved within a reasonable period of time, a universal Explanation of Benefits (EOB) form local and state governments to mandate imple-

that the managed care organization be required Loser Pays - Arbitration Fees and rationales. menting programs to administer these vaccines

to automatically reimburse that physician for the MSSNY seek a change in legislation or regu- to parents and first-person contacts of those

performance of the diagnostic test; and MSSNY lation requiring the carrier to pay for the cost of Universal Bill infants under the hospital’s care; and MSSNY

should pursue legislation and/or regulation to each arbitration in Workmen’s Compensation MSSNY should seek legislation requiring all should forward this resolution to the American

limit the restrictions (that may lead to a delay of Board cases where the arbitration committee durable medical equipment (DME) vendors to Medical Association House of Delegates for its

care) that a payer may impose upon patients in increases the reimbursement fees paid to the have a universal bill that is consumer-friendly consideration.

urgent need of medical imaging; and MSSNY physician. and clearly states what was paid by the health

should pursue legislation and/or regulation that plan, secondary insurer and is owed by the Promoting Healthy Foods

would impose financial penalties upon a payer Against Mandating Clinical Practice patient and that these bills be received in a time- MSSNY should continue to advocate for a

whose restrictive policies on medical imaging Guidelines ly fashion. healthy diet for all and advocate legislation that

lead to over utilization of the Emergency MSSNY should establish a policy against any promotes the production and distribution of

Department or delay of care. legislation mandating strict compliance with Consumer Rights for Durable Medical fruits, vegetables and whole grain foods.

Clinical Practice Guidelines. Equipment

MSSNY should seek legislation requiring Immunization Registry

Prohibition on Insurance

Expungement of Record of Liability hospitals to provide a patient with a list of at Physicians should be compensated for the

Reimbursement for Retail (Quick Clinic)

MSSNY should seek legislative or regulatory least two durable medical equipment (DME) additional administrative burden of reporting to

Medical Services

action that grants automatic removal of all the companies and to provide families with the cost the Immunization Registry; and physicians

Retail medical clinics are operated for busi-

physician’s record relating to actions where the of their charges for the DME needed by the should be responsible only for reporting those

ness reasons independent of the financial bene-

verdict is for the defendant-physician or where patient and whether it is less expensive to buy or vaccinations that they have administered them-

fit of provision of medical services (they are

the action is terminated by the plaintiff prior to to rent the equipment for the time the patient selves; and practices should be allowed to FAX

often not a profit center) and thus, do not oper-

jury or bench verdict without consideration of will need it; and MSSNY should seek legislation vaccination reports to the Department of Health

ate on a level economic playing field with neigh-

any kind to the plaintiff. requiring DME companies to inform patients of in lieu of entering the data into the computerized

boring physician practices; therefore, MSSNY

their rights and make every effort to obtain the database.

should pursue legislation and/or regulation pro-



Page 8 — MSSNY’s News Of New York— April 2008

York Annual House of Delegates Resolutions

Rapid In-Office HIV Testing was actually performed; and this policy may United States Health Care and MSSNYPAC intensify communications with

Public Health Law 27F puts in place perceived require that patients are forced to undergo mul- Gratuitous Privatization ALL physicians (both members and nonmem-

barriers to HIV testing, and the Centers for tiple surgical procedures; and MSSNY should That the Medical Society of the State of New bers) in the state of NY on the importance of

Disease Control recommend not requiring sepa- petition the State Insurance Commissioner to York oppose those health care policies that favor maintaining an active and viable PAC through

rate written consent for HIV testing; therefore, require insurance companies in the state to pay insurance products to achieve the health care the provision of voluntary contributions.

MSSNY should lobby for the repeal of Public for any and all surgical procedures performed goals of quality, cost containment and interoper-

Health Law 27F; and MSSNY should make that are indicated. ability, when evidence to support their superior- Establishment of a Sunset Provision for

efforts to work with third-party payors to ity is absent. MSSNY Resolutions and Policy

improve reimbursement for office-based testing Difficulty Filing Medicare Claims In view of the rapidly changing health care

of HIV status. MSSNY should urge the AMA to work with HHS and Hospital-Acquired Conditions environment in which physicians practice often

the Centers for Medicare & Medicaid Services MSSNY should support efforts to reduce hos- resulting in established policies becoming out-

Country of Origin of Medicines and (CMS) toward achieving a transition to the pital-acquired conditions, but oppose payment dated or obsolete, the Medical Society of the

Personal Products National Provider Identifier number that does reductions to hospitals, as it is improper staffing State of New York establish a 10-year “sunset

MSSNY and the AMA should seek federal not adversely affect physician cash flow, by – and especially nursing shortages in these fis- provision” for resolutions and policy similar to

legislation requiring all medications and medic- asking CMS to provide claims adjudication cally challenging times – that contributes to the that currently in place with the American

inal and self-care to products be clearly and services that are more physician-friendly and incidence of these conditions; and MSSNY Medical Association (AMA Policy G-600.110),

prominently labeled with country of origin; and are more open to communication to physicians should take a similar resolution to the AMA. and that a mechanism be developed to carry out

the parent pharmacy company to be held and carriers. the stated intent of this provision.

accountable for the safety of the products they Anti-Trust Exemption in Insurance

market in the United States. Medicare Private Contracting Opt-Out Industry Streamline MSSNY, Improve Finances

Renewal Requirement There is current bipartisan legislation now Since MSSNY and its component county

Rapid HIV Testing MSSNY should request that the AMA draft before both houses of Congress that would medical societies share common goals and chal-

MSSNY should seek legislation that requires legislation to amend Section 1802 of the Social amend the 1945 McCarran-Ferguson Act to lenges, that where appropriate, the pertinent

that HIV testing be a routine part of an office Security Act, as amended by Section 4507 of the eliminate the insurance industry’s 63-year old MSSNY task force seek to integrate similar

visit and that physicians be reimbursed for such Balanced Budget Act of 1997 as it relates to status of immunity from federal anti-trust law; responsibilities for both MSSNY and the coun-

tests performed in the office; and MSSNY Private Contracting under Medicare, to rescind and on February 15, 2007, Senator Patrick ties societies, thereby allowing county societies

should seek legislation to abolish the need for the two-year opt-out renewal requirement for Leahy introduced the “Insurance Industry to dovetail more with the state society, as well as

written informed consent for such HIV testing. private contracts between physicians and Competition Act” S.618, 110th Congress with other county societies; and that the above

Medicare beneficiaries; and include language in (2007). This bill would eliminate the insurance resolve be implemented only with the approval

Increase in Social Security Form this proposed amendment, providing that pri- industry’s anti-trust law exemption; therefore, of the respective county medical societies.

Completion vate contracts will be deemed to remain in effect MSSNY’s delegation to the American Medical

MSSNY should seek legislation that increas- indefinitely unless and until the physician Association should sponsor a resolution urging Encourage More Relationships with

es the cost of completing this form to an infla- rescinds the private contracts and rejoins the the AMA to press for federal legislation to elim- Business Community

tion-adjusted rate. Medicare Program. inate the insurance industry’s 63-year old status MSSNY should actively pursue open discus-

of immunity from federal anti-trust law. sion and actively solicit collaboration with busi-

Capped Residency Positions Medicare Carrier Processing of Claims ness leaders in an effort to present our mutual

MSSNY should seek legislation that requires Involving Retired, Archived or End- Complexity of the RBRVS Evaluation interests to the state legislature in more compre-

the federal government to re-examine the num- Dated Local Coverage Determinations and Management Codes hensive economic terms statewide.

ber of capped residency positions in the United MSSNY should seek formal written clarifica- The complexity of the RBRVS Evaluation

States in light of an increased need for physi- tion from CMS regarding policy on local cover- and Management coding creates a sense of con- Data Collection

cians; and MSSNY should seek legislation to age determinations that have been archived, fusion, lack of consistency and a sense of help- MSSNY should establish a task force to

require the federal government to re-examine retired or end dated. lessness for physicians to control the process; investigate a means of procuring meaningful

the distribution of capped residency positions in and third-party payers are increasingly using data on multiple aspects of medical care at the

light of changes in population census through- Limiting Excessive Reimbursement to audits of physicians records and utilization of least possible expense.

out the United States. Health Care Executives RBRVS to claim fraud and demand repayments;

MSSNY should ask the AMA to seek federal and the risk of over-coding exposes the physi- Reducing the Cost of MSSNY’s Dues

Global Climate Change and Public legislation, modeled after Sarbanes-Oxley, that cian to penalties, extrapolation techniques and MSSNY should significantly downsize staff

Health Implications will establish guidelines for executive compen- potential hefty paybacks; and the function of and overhead in order to recognize cost savings;

MSSNY should support the CDC and the sation in health insurance companies. coding has become technical, time-consuming and MSSNY should limit the scope of its staff

World Health Association position that global and more distracting from patient care; there- activities from dues income to legislative advo-

warming and climate change is occurring and Undue and Burdensome Regulations fore, MSSNY should direct its delegates to the cacy and socio-economic support and that all

MSSNY should continue to explore low-cost Inflicted by Medicare Part D PBMs AMA to sponsor a resolution calling for the sim- other staff functions be financially self-sustain-

opportunities to address this matter at educa- MSSNY should work with Medicare Part D plification of the RBRVS Evaluation and ing; and MSSNY should reduce its annual mem-

tional conferences and develop a policy position pharmacy benefit plans to devise and expedite a Management coding by focusing on the com- bership dues to $150 per active member.

statement. process so that physicians may prescribe for plexity of decision making, uncoupling it from

doses and durations that are in the best interest the history and physical and, thereby, eliminat- Correlate Liability Rates and Limited

Use of CT Scans for Early Detection of of their patients and not in violation of the stan- ing the counting of elements in the history and Practice Risk

Lung Cancer dards set by Medicare Part D. physical exam. MSSNY should lobby the Board of the

MSSNY should support the position that in Medical Liability Mutual Insurance Company

the opinion of the physician in the context of a Reduced Hassle for Hassle Factor Form Managed Care to offer products and pricing that correlates with

problem-oriented workup, a CT scan is warrant- MSSNY should develop a mechanism, per- MSSNY, in an effort to lower costs, should physicians limiting practice activities and risk

ed in patients who have a smoking history or haps in conjunction with the county societies, to seek legislation so that health insurance plans exposure within each specialty.

exposure to environmental tobacco smoke, and more effectively collect insurance hassle data on an annual basis educate physicians on com-

then the opinion of the treating physician should from aggrieved physicians and, when necessary, mon coding and reimbursement errors; and MSSNY Website as a Comprehensive

prevail. provide guidance and assistance in completing MSSNY should seek legislation so that health Source of Information

the form on their behalf (rather than relying on insurance plans explain in detail why a claim MSSNY’s website should provide in-depth,

SOCIO-MEDICAL ECONOMICS physicians to submit the form), in order to for covered services was not paid and what cod- detailed factual data on medical liability and

Charge for Referrals and Prior remove any hurdles and to improve data collec- ing and/or clinical information is needed to other relevant issues beyond simple talking

Authorizations tion to more accurately represent our members. have the claim paid. points, not excluding links to other websites.

Primary care offices that include pediatrics,

family practice, and general internal medicine Hassle Factor Form Data REPORTS OF OFFICERS AND Physician “Report Cards”

physicians have come under increasing financial MSSNY should make the Hassle Factor Form ADMINISTRATIVE MATTERS Report cards are being used to set fees and

duress in recent years, and removing referral data available on its website to members only in Enhanced Communications/ direct insureds to selected physicians within the

and prior authorization requests from their a way that members can make their own Solicitations by MSSNYPAC networks. Individual insurers are each promot-

paperwork and telephone burdens would assist informed decisions regarding participation in The continued growth of MSSNYPAC is ing their own methods of data collection;

them in continuing to practice. Therefore, various insurance contracts. essential to the fulfillment of the critically MSSNY should continue to assist the New York

MSSNY should introduce regulation/legislation important purposes which it was created to State Attorney General in his efforts to control

to allow physicians to charge insurers or patients Health Care as Economic Stimulus achieve; and MSSNYPAC funding cannot con- the state’s health insurers; and MSSNY should

for referrals and prior authorizations reflecting MSSNY should advocate for increased health tinue to be borne by the same individuals, time petition the Attorney General to establish a

their costs in time and personnel. care spending (and oppose health care cuts) as after time; therefore, in recognizing that MSS- statewide data collection process under state

an economic stimulus package, owing to its sub- NYPAC was created to provide a vehicle regulation by an independent agency.

Payment for Surgery stantial impact on local, regional economies and through which ALL physicians in all practice

Some insurance carriers in New York State Gross Domestic Product (GDP) in addition to modes and specialties can collectively assist in

have instituted a policy of paying the surgeon the legacy of better health. supporting those candidates whose views are

only for the procedure that was authorized pre- consistent with organized medicine, that the

operatively and not for the procedure which Medical Society of the State of New York and



April 2008 — MSSNY’s News Of New York— Page 9

MSS Anthony J. Zaia, MD,

at Age 105,

Medical Students Trek to Albany on State Leg Day of Madison County

On March 4, MSSNY’s Annual State As a team united by our insight and con- A major concern on the minds of any med- The oldest living member of six upstate County

Legislation Day, it was a dreary, rainy day in cerns, we joined our physician colleagues in a ical students currently is the uncertainty of Medical Societies, Dr. Anthony J. Zaia, who was

the State Capitol; but the atmosphere among march to the capitol steps. Stormy weather whether to defer loans after graduation and born June 6, 1902, died on January 18, at age 105.

the medical students from across New York would not impede us in our pursuit of gaining throughout residency. Explicitly expressing In 1929, Dr. Zaia began his journey to become

remained positive and enthusiastic. Students the attention of policy makers in Albany. our support for retaining the 20/220 language a physician when he graduated from the

represented medical schools that spanned the With the help of experienced MSSNY staff in the College Cost Reduction Act is of the University of Buffalo and finished an internship

state from Stony Brook to Buffalo, including members, we met with many state legislators utmost importance to our members and was at St. Vincent’s Hospital in Erie Pennsylvania.

both public and private schools. We listened in an effort to emphasize the needs of medical addressed at length. This is a sensitive and Dr. Zaia served as an Army doctor in World

intently to our state politicians and our students. We brought our own personal imminently relevant topic for our resident War II, first with the 26th Army Division of the

MSSNY leaders as they addressed the con- accounts about how the ever-increasing stu- physician colleagues and those students grad- Massachusetts National Guard and then with the

dition of healthcare in New York today. dent debt is affecting each of us in our aspira- uating in the near future. 282nd Field Artillery. Frontline medicine was

Enthusiasm for change was apparent tions to provide medical care. We recom- Finally, after a long day in the Egg, we practiced under a tent or in the open and consisted

among all our student members, including mended policies that may help medical stu- returned to each of our respective cities in mostly of simple first aid and conditioning of the

those who had experience with the medical dents to alleviate the problem of access to New York to share with our colleagues the wound for a quick trip back to the hospital unit.

society and others who were learning how care in New York, along with the rising num- progress that we made in Albany. After the war ended in 1945, Dr. Zaia returned

to make a difference on such a large scale ber of graduates who are leaving the state to - Stephanie Andrus, to his medical practice in the Oneida area. In

for the very first time. practice in conditions that are more favorable. MSS Chair 1956, Dr. Zaia was appointed Chief Medical

Officer of the Oneida Civil Defense Medical

Service.

He held the position of chief of staff for Oneida

City Hospital from 1958 to 1960.

In 1979 he received the Oneida Rotary Club’s

“Roses for the Living” award. The award was

presented to Dr. Zaia for his contributions to the

community’s medical well-being, which included

many years as team doctor for Oneida High

School’s football, basketball, and wrestling

squads.

The Madison County Medical Society was

very proud to have Dr. Anthony Zaia as a valued

member for the last 75 years.



New Governor

(Continued from page 1)

important concerns of organized medicine.

In the meantime, it is essential that physicians

and their staff and patients continue the grass-

roots advocacy efforts that we have already asked

you to pursue. In this regard, with respect to med-

ical liability reform, we again ask that you do

each of the following:

1) Work with your County and/or Specialty

Medical Societies to schedule meetings with each

legislator – Republican and Democratic – in your

community as a follow up to the Legislative

Day/Rally. Remember, this is a marathon, not a

sprint; and we need to continue to interact with our

legislators on this issue.

2) Work with your County and/or Specialty

Medical Societies to schedule meetings with the

Media – appear on radio, TV, attend Editorial Board

meetings scheduled by the County/Specialty

Medical Society and send in Op Ed pieces to the

press in your area. A template piece has been pro-

vided by MSSNY to your County/Specialty Medical

Societies.

3) Facilitate Patient-Legislator interaction using

petitions which MSSNY will provide to you.

4) Regularly utilize the convenient grassroots

action tools provided by MSSNY:

• Call the Liability Reform Hotline, 1-866-728-

3397, which will generate a faxed letter to the

Governor, Assembly Speaker Silver, and Senate

Majority Leader Bruno.

• Urge your patients to call the 1-866-729-3397

hotline. There is a patient access point that generates

a similar patient-focused letter to the above-refer-

enced leaders.

• Send a letter to your local Assemblymember

and Senator from the MSSNY website. There is a

link on the front page of the MSSNY website to the

sample letter. There is also a patient letter on the

website.

5) Seek opportunities to speak to community

organizations such as your local Chamber of

Commerce or Kiwanis, etc. to convey the serious-

ness of the situation. A template speech has been

drafted by MSSNY and can be provided to you upon

request.

Your advocacy, coupled with that provided by

MSSNY through its physician leaders and Division

of Governmental Affairs, is critical to the overall

success of our mission to attain meaningful redress

of our medical liability situation this year.

April 2008 — MSSNY’s News Of New York — Page 10

April 2008 — MSSNY’s News Of New York — Page 11

Report of the

202 MSSNY Annual House of Delegates Nominating Committee

Richard M. Peer, MD, Chairman

Report of the House Committee on Bylaws Meeting of January 24, 2008

To the House of Delegates, Ladies and largest number of Medical Society of the the State of New York shall be divided into To the House of Delegates, Ladies and

Gentlemen: State of New York active members at the eight nine classes: (a) active, (b) life, (c) hon- Gentlemen:

The Members of the House Committee on time the Council seats are vacated as of orary, (d) resident and fellow, (e) student, (f) The Nominating Committee held a meeting

Bylaws are as follows: December 31 of the year preceding the elec- affiliate, (g) post-medical graduate, and (h) on Thursday, January 24, 2008. After careful

Steven Kaner, MD, Chair, Kings tion. retired, and (i) nominal; and be it further consideration of the recommendations submitted

Sana L. Bloch, MD, Bronx The Committee also recommends that by the district branches, county medical soci-

William A. Dolan, M.D, Monroe Resolution 2007-1 be amended by adding a RESOLVED, That the Bylaws of the eties, the student, resident & fellow and young

Louis W. Giordano, MD, Broome second Resolved to read: Medical Society of the State of New York, physicians sections, your Committee respectful-

William Latreille, Jr., MD, Franklin Article II, Membership, Section 1. Classes, be ly submits the following candidates for election

Richard M. Peer, MD, Erie RESOLVED, That the Bylaws of the amended to add new Paragraph 17 which on April 13, 2008:

Patricia Ann Randall, MD, Onondaga Medical Society of the State of New York reads as follows.

Nathan P. Reed, M.D, Albany Article IV, Council, Section 1, Composition, Nominal members shall be those individu- President:

Robert B. Goldberg, D.O, President, Paragraph 3 be amended as follows (addi- als who are licensed to practice medicine in Michael H. Rosenberg, MD, Westchester

ex officio tions underlined): the State of New York, but are not otherwise

Mark L. Fox, M.D Speaker, ex officio Four Councilors shall be elected annually members in one of the other eight classes. A President-Elect:

Leah McCormack, MD, Secretary, by the House of Delegates, each for a term of nominal member may not be required to pay David T. Hannan, MD, MPA, Wayne

ex officio three years. Of these four councilors elected dues, but may be solicited for active member- Vice-President:

William R. Abrams, Executive Vice three of the councilors shall come from a dis- ship and for contributions to MSSNYPAC Leah S. McCormack, MD, Queens

President trict branch to ensure that the current compo- and other MSSNY subsidiaries. A nominal

Secretary:

Donald R. Moy, Esq, Vice President sition of the Council will include not less than member may not be a member of any county

Edward C. Tanner, MD, Monroe

and General Counsel one councilor from each district branch. The medical society in New York, and will not

fourth councilor elected annually for a term have any of the rights or privileges ordinarily Assistant Secretary:

A meeting of the House Committee on of three years shall come from the district accorded to members of other classes. A Malcolm D. Reid, MD, MPP, New York

Bylaws was held at the Rye Town Hilton, branch with the largest number of Medical nominal member may opt out of this mem- Treasurer:

Rye, New York on April 13, 2007. The Society of the State of New York active bership class by notifying the membership Robert J. Hughes, MD, Saratoga

Committee heard testimony and prepared a members as of December 31 of the year pre- division in writing

transcript of the testimony. The transcript of ceding the election. No district branch shall Your Committee agrees with the sponsor Assistant Treasurer:

the testimony proved to be of great assistance be entitled to more than one councilor for of this resolution that every physician in New Paul A. Hamlin, MD, Nassau

to the House Committee on Bylaws in its having the largest number of Medical Society York should have a professional responsibili- Speaker:

meeting on November 5, 2007. of the State of New York active members. If ty to support the Medical Society of the State Mark L. Fox, MD, Westchester

Two resolutions asking for amendment to in any year the district branch is already rep- of New York. The challenges facing orga-

Vice-Speaker:

the Bylaws were referred to the Committee resented on the Council for the Council posi- nized medicine are too crucial for physicians

Jerome C. Cohen, MD, Broome

for consideration. tion designated for the district branch with the to remain on the sidelines. Physicians who

largest number of Medical Society of the choose not to join the Medical Society reap Councilors: (four for a three-year term)

RESOLUTION 2007-1 State of New York active members, then the the benefits of the Medical Society’s advoca- Robert A. Frankel, MD, Kings

Equal Representation on Council fourth councilor shall come from the district cy yet are abdicating their responsibility to Daniel J. Koretz, MD, Wayne

Introduced by the Medical Society of the branch with the next largest number of their fellow physicians who recognize the Thakor C. Rana, MD, Bronx

Ninth District Branch Medical Society of the State of New York need for a strong Medical Society. While the Jeffrey S. Sneider, MD, Onondaga

active members as of December 31 of the resolution is certainly well intended, your Resident/Fellow Councilor (one for one year)

RESOLVED, That the Bylaws of the year preceding the election that is not cur- Committee is concerned that the adoption of Erick Eiting, MD, MPH, Kings

Medical Society of the State of New York, rently represented on the Council on the basis this resolution would be counterproductive.

Article IV, Council, Section 1. Composition, of number of Medical Society of the State of “Membership” requires true commitment to Medical Student Councilor (one for one year)

Paragraph 1 be amended as follows (addi- New York active members. One councilor the goals and objectives of the organization, Kristina L. Maletz, New York

tions underlined): representing the young physicians section and requires a meaningful level of participa- Trustees: (two for five years)

The Council shall be composed of the pres- shall be elected every third year by the House tion. The Committee is concerned that the Richard M. Peer, MD, Erie

ident, president-elect, vice-president, imme- of Delegates for a term of three years. Two establishment of a “nominal” member cate- Veronica C. Santilli, MD, Kings

diate past-president, secretary, assistant sec- councilors, one councilor representing the gory would send a signal that it is acceptable Nominations for AMA Delegates:

retary, treasurer, assistant treasurer, speaker, medical student section and one councilor for a physician to be a member of MSSNY in Term: two years

vice-speaker, chairman of the Board of representing the resident and fellow section to name only, without any commitment whatso- January 1, 2009 – December 31, 2010

Trustees and 15 councilors elected by the the Medical Society of the State of New ever to the goals and objectives of MSSNY,

House of Delegates. Nine of the Councilors York, shall be elected every year by the and without involvement in the affairs of Medical Student Delegate:

shall be elected with one representing each of House of Delegates, each for a term of one organized medicine. *Term: one year

the nine districts of MSSNY. Three year. Article IV, Section 1, paragraph 4 is not January 1, 2009 – December 31, 2009

Councilors shall be elected as defined below applicable to the term of office of a resident RECOMMENDATION: Accordingly, Resident & Fellow Alternate Delegate:

in paragraph three. The three remaining or student councilor. In the event of a vacan- your Committee recommends that Resolution **Term: one year

Councilors shall be elected with one cy, a councilor shall be elected by the Council 2007-2 NOT BE ADOPTED. January 1, 2009 – December 31, 2009

Councilor representing each of the three to serve until the next meeting of the House of Your chair wishes to express his apprecia-

counties with the highest number of MSSNY Delegates, at which time the House of tion to the members of the House Committee

Susan Baldassari, MD, Erie

members at the time the Council seats are Delegates shall elect a councilor to fill the on Bylaws and to those who testified before

Stanley F. Brunn, MD, Orange

vacated. unexpired term. it. Your chair also wishes to express his

Koku M. Gasinu, MD, Bronx

The Committee recommends that The Committee also Recommends that appreciation to the staff who supported the

Louis W. Giordano, MD, Broome

Resolution 2007-1 be amended as follows Resolution 2007-1 be amended by a third committee, Donald R. Moy, Esq., Matthew T.

Robert B. Goldberg, DO, New York

(additions underlined, deletions lined Resolved to read: Talty, Esq. and Michelle Nuzzi-Khoury.

David T. Hannan, MD, MPA, Wayne

through). Respectfully submitted,

Robert J. Hughes, MD, Saratoga

“RESOLVED, That Resolution 2007-1 Steven Kaner, M.D.

Andrew Y. Kleinman, MD, Westchester

RESOLVED, That the Bylaws of the shall become effective with the 2009 annual

Bonnie L. Litvack, MD, Westchester

Medical Society of the State of New York, Meeting of the Medical Society of the State

John R. Maese, MD, Richmond

Article IV, Council, Section 1, Composition, of New York.”

Leah S. McCormack, MD, Queens

Paragraph 1 be amended as follows:

Louis J. Papa, MD, Monroe

The Council shall be composed of the pres- RECOMMENDATION: Your Committee

ident, president-elect, vice-president, imme- recommends that Resolution 2007-1 BE The 202nd Malcolm D. Reid, MD, MPP, New York

Jeffrey A. Ribner, MD, Broome

diate past-president, secretary, assistant sec- ADOPTED AS AMENDED.

retary, treasurer, assistant treasurer, speaker, Annual William B. Rosenblatt, MD, New York

Michael H. Rosenberg, MD, Westchester

vice-speaker, chairman of the Board of RESOLUTION 2007-2

Trustees and 15 councilors elected by the New Membership Class MSSNY House Veronica C. Santilli, MD, Kings

Keya Sau, Albany *

House of Delegates. Nine of the Councilors Introduced by David T. Hannan, M.D.

shall be elected with one representing from RESOLVED, That the Bylaws of the of Delegates Richard P. Stechel, MD, Nassau

Sam L. Unterricht, MD, Kings

each of the nine districts of Medical Society Medical Society of the State of New York,

of the State of New York. The three remain- Article II, Membership, Section 1. Classes, will be held Dana J. Vick, MD, Onondaga

ing Councilors shall be elected with one Paragraph 1 be amended as follows (dele- Ryetown Hilton

*Medical Student Delegate

Councilor representing from each of the three tions struck through, additions underlined: on April 11-13 in Rye. **Resident & Fellow Alternate Delegate

counties district branches with the highest The membership of the Medical Society of

(Not known at present)



Page 12 — MSSNY’s News Of New York — April 2008

April 2008 — MSSNY’s News Of New York — Page 13

ALLIANCE

2008 HOUSE OF DELEGATES Alliance Rallies on State Leg Day

The Alliance joined over 1500 physicians in at State Leg Day on

REFERENCE & CONVENTION COMMITTEE MEMBERS March 4 to hear from the administration and legislators, attended

the rally on the Capitol steps, and informed our legislators of

Reference Committee on Governmental Affairs (A) Richard Buckley, MD, NY Chapter American

changes need to protect access to care. Leg Day provided an oppor-

Myrna Sanchez, MD, Washington County — CHAIR College of Surgeons

tunity to hear from, Insurance Superintendent Eric Dinallo, Senator

Alan Diaz, MD, Bronx County Nameer Haider, MD, Oneida County

Joe Bruno and Deputy Secretary of Health Dennis Whelan.

Raymond Lanzafame, MD, Monroe County Badri Nath, MD, Suffolk County

Members in attendance included Beth Perenyi from Broome

Michael Simon, MD, Dutchess County

House Committee on Bylaws County, Stephanie Threatte from Onondaga County, Jean Fazio

Keya Sau, PhD, Medical Student Section and Corrie Verde from Richmond County, and Bonnie Liebers and

Steven M. Kaner, MD, Kings County – CHAIR

Peter Sosnow, MD, Albany County Ellen DePan from Schenectady County. The Alliance also exhib-

Sana L. Bloch, MD, Bronx County

Reference Committee on Governmental Affairs (B) William A. Dolan, MD, Monroe County ited educational resources and highlighted both state and county

Gregory Pinto, MD, Saratoga County — CHAIR Louis W. Giordano, MD, Broome County projects. The Alliance will continue its emphasis on legislation by

Paul S. Aaronson, MD, Queens County William R. Latreille, Jr, MD, Franklin County having a representative attend the AMA National Advocacy

Diego Alvarez, MD, Madison County Leah S. McCormack, MD, Queens County Conference. Beth Perenyi is looking forward to obtaining infor-

Thakor C. Rana, MD, Bronx County Richard M. Peer, MD, Erie County mation on the AMA Health Care Agenda and how the election may

Daralyn Samuels, MD, New York County Patricia A. Randall, MD, Onondaga County affect the AMA’s advocacy efforts.

Linda Trapkin, DO, NYS Society of Pathologists Nathan P. Reed, MD, Albany County

Reference Committee on Public Health and Education

Mark L. Fox, MD, Westchester County (Ex-Officio) FLU: CDC Panel Recommends

Robert B. Goldberg, DO, New York County Vaccinations for Almost All Children

M. Monica Sweeney, MD, Kings County — CHAIR (Ex-Officio)

Stephen F. Coccaro, MD, Suffolk County On February 27, the Advisory Committee on Immunization

Shane Hopkins, MD, Resident and Fellow Sectio Convention Committee on Rules, Credentials & Order of Practices at CDC unanimously voted to recommend flu vaccinations

Munish Khaneja, MD, Bronx County Business for almost all US children. Under the recommendation, all children

Imtiaz Mallick, MD, Dutchess County Nathan Reed, MD, Albany County — CHAIR except those who are younger than age six months or have severe

David Shulan, MD, Albany County Cornelius J. Foley, MD, Queens County egg allergies would receive flu vaccinations. Data presented at a

Arthur C. Fougner, MD, Queens County meeting of the committee indicated that flu vaccination was about

Reference Committee on Reports of Officers & Karen G. Gennaro, MD, Westchester County 75% effective in the prevention of hospitalization for symptoms of

Administrative Matters Jacques Lipson, MD, Monroe County the disease among children between ages six months and 24 months

Veronica C. Santilli, MD, Kings County — CHAIR John McIntyre, MD, Monroe County during the last two seasons.

Timothy Gabryel, MD, Erie County In the event that CDC decides to adopt the recommendation, as

Koku Gasinu, MD, Bronx County Convention Committee of Tellers & Sergeant at Arms many as 30 million additional children could receive flu vaccina-

Ross Hanson, Medical Student Section John J. Kennedy, Jr., MD, tions. CDC staff said that the recommendation, which would take

Marlin R. Mattson, MD, New York County Fourth District Branch — CHAIR effect when the next flu vaccine season begins in the fall, would help

Brian Meagher, MD, Chautauqua County James Kearns, Medical Student Section protect the health of children who attend school, as well as the health

Arthur Mruczek, MD, Orleans County of parents and grandparents who often contract the disease from

Reference Committee on Socio-Medical Economics Paul Orloff, MD, New York County

Paul A. Gitman, MD, Queens County — CHAIR them. In addition, the recommendation would increase the number

Anthony Pisacano, MD, Bronx County of flu vaccinations available through a federal program that provides

Leslie Algase, MD, Monroe County Charles Rubin, MD, Broome County

Joseph Booth, MD, Oneida County them for low-income children and would make private health insur-

ers more likely to cover them. CDC, in most cases, adopts the rec-

ommendations of the committee.



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Tel: 203-327-1800 Tel: 914-559-3100 Tel: 516-294-7134 (212) 279-9200 Lake Success, New York 11042 New York, 697-2950

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Page 14

Business Showcase Today

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Fax: 203-353-1892 Fax: 914-949-1160 Fax: 516-294-7193 (516) 328-2300 November

2003 — MSSNY









www.hpmb.com

Tel 516-883-0313 • Fax 516-883-1307

Page 14 — MSSNY’s News Of New York — April 2008

April MAY cians with the National Institute on Alcohol Abuse and

Alcoholism (NIAAA) recommendations for alcohol screen-

*Accreditation:

The Medical Society of the State of New York

ing and intervention. Dinner included. Pre-register. 2 is accredited by the Accreditation Council for

1 MSSNY Medical Schools & Graduate Medical

Education Committee Meeting – 12:30-4 pm. Video

conference between Albany, Buffalo, Lake Success (tele-

2*HITamonlinepm,www.mssny.org.Center, York Area

-8

Register

Vendor Fair – Western New

-3

at

RIT Conference Rochester.

CME credits. Continuing Medical Education (ACCME) to

sponsor continuing medical education for

*CME Grand Rounds Program: Helping Patients Who

physicians. The Medical Society of the State

conference only), Syracuse and Westchester. Drink Too Much – One-hour program for hospital staff

of New York designates these continuing

*CME Dinner Seminar: Effectively Communicating to

a Diverse Patient Population – 6 pm, Mohawk Golf

7 *CME Dinner Seminar: Influenza – the Next

Pandemic - 6 pm, Cortese Restaurant, Binghamton.

Hosted by the Broome County Medical Society. To

presents above material in a condensed format. 1 CME

credit.

medical education activities for a maximum of

1 or 2 or 3 AMA PRA Category 1 Credits, as

Club, Schenectady. Hosted by the Schenectady register, call Cynthia Burger at 607-772-8493. *CME Dinner Seminar: Taking HIT to the Next Level – indicated. Physicians should claim credit

County Medical Society. To register, call Anita Smith Two-hour program about electronic medical records commensurate with the extent of their partici-

at 518-346-3300. *CME Dinner Seminar: Taking HIT to the Next Level (EMR), how to adopt, how community data exchange pation in the activity.

– 6 pm, Holiday Inn, Ronkonkoma. Hosted by the improves patient safety, quality of care & office efficiency.

1-2 National Advocacy Conference – Grand Hyatt

Hotel, Washington, DC.

Suffolk County Medical Society. To register, call Stu

Friedman at 631-851-1400.

Dinner included. Pre-register. 2 CME credits.



*CME Dinner Seminar: HIV in Marginalized and

Two New

2 *CME Grand Rounds: Helping Patients Who Drink

Too Much – 8 am, St. Peter’s Hospital, Albany.

*CME Dinner Seminar: HIV in Marginalized and

Underserved Populations – 6 pm, Chateau Briand,

Carle Place. Hosted by the Nassau Academy of

Underserved Populations – One-hour program focuses on

how HIV/AIDS is disproportionately affecting culturally-

Members-Only

diverse minority populations in the US. Dinner included.

*CME Dinner Seminar: Taking HIT to the Next Level – 6

pm, Creekside Banquet, Cheektowaga. Hosted by the

Medicine. To register, call Mark Capolla at

516-832-2300.

Pre-register. 1 CME credit. Discount Programs

Erie County Medical Society. To register, call Chris *CME Grand Rounds: HIV in Marginalized and Rolled Out

Nadolny at 716-852-1811.

8 MSSNY Rural & Preventative Medicine Meeting

– 9:30 am - 12 noon. Video conference between

Underserved Populations – Above program for hospital

staff. 1 CME credit. We are very proud to announce that

3 *CME Grand Rounds: Helping Patients Who Drink

Too Much – 10 am, Nassau University Medical

Center, East Meadow.

Albany, Lake Success (teleconference only), Buffalo,

Rochester, Syracuse and Westchester. *HIT Vendor Fairs – Sponsored by MSSNY with grant

MSSNY has two new member benefits

discount programs with Best Buy and

from NYS DOH, day-long health information technology Dell Computers. Physicians will have to

*HIT Vendor Fair – NYC Metro Area - 8 am –

4 3 pm, Park Central Hotel. Register online at 9*HIT Vendor FairRoute 110.Island - 8online 3atpm,

– Long

Huntington Hilton,

www.mssny.org.

Register

am – (HIT) programs provide small practices with one-on-one

information on how to analyze needs and configure an HIT

log on through “Members Only” at

www.mssny.org and follow the links.

system. Demos by selected vendors and presentations by

www.mssny.org.

physicians who have HIT. Breakfast & lunch included. Up

MSSNY Addiction & Psychiatric Medicine Committee

Meeting – 9:30 am - 12 noon. Teleconference and

13 *CME Dinner Seminar: Influenza – the Next

Pandemic – 6 pm, Newark Quality Inn, Newark,

NY. Hosted by the Wayne County Medical Society.

to 3 CME credits.



video NetMeeting between Albany and Lake Success To register, call Dianne Russell at 315-332-2424.

headquarters.

*CME Dinner Seminar: Taking HIT to the Next Level –

www.mssny.org M S S N Y ’ S C L A S S I F I E D H A S G O N E G L O B A L

10 MSSNY Organized Medical Staff Section

Teaching Day – Noon - 5 pm, Hilton Rye Town,

Rye Town, NY. Topics: “Keys to Successful

6 pm, Peking Park, Manhattan. Hosted by the New York

County Medical Society. To register, call Natalie Ruoff

Now Can Be Accessed on MSSNY’s Website at www.mssny.org. Click classifieds.

at 212-684-4670.

Implementation of New Joint Commission Standard

MS.1.20” & “Physicians as Targets and How to Avoid

Being One.” Lunch. Register by contacting Sandra

Bennett at sbennet@mssny.org or 516-488-6100 x383.

14 *CME Dinner Seminar: HIV in Marginalized

and Underserved Populations – 6:30 pm, Hilton

Garden Inn, Staten Island. Hosted by the Richmond

CLASSIFIED ADVER TISING

FOR HELP, INFORMATION, OR TO PLACE YOUR AD, CALL 516-883-0313 • FAX 516-833-1307

County Medical Society. To register, call Terri



11-13 MSSNY House of Delegates

Rye Town, Rye Town, NY.

– Hilton Minichello at 718-442-7267. MAY 2008 ISSUE CLOSES APRIL 17TH

PHYSICIANS’ SEARCH SERVICES • ALLIED MEDICAL PLACEMENTS • LOCUM TENENS





16 *CME Dinner Seminar: Taking HIT to the Next

Level – 6 pm, Peking Hunan Park, Manhattan.

15 *CME Grand Rounds: Effectively

Communicating to a Diverse Patient

Population – 4 pm, Interfaith Medical Center, Brooklyn.

PRACTICE VALUATION PRACTICE BROKERAGE • PRACTICE CONSULTING • REAL ESTATE





Hosted by NY Chapter of the American College of TRANSCRIPTION

MEDICAL MEETING SERVICES SALE/LEASE

Physicians and the NY County Medical Society. To

register, call Karen Tucker at 518-427-0366. 16 MSSNY Medical Ethics Committee Meeting

– 9:30 am - 12 noon. Video conference between

Albany, Lake Success (teleconference only), Buffalo, ROCKVILLE CENTRE, NY

June 16-20, 2008 Quality work, affordable service, excel-



17 *CME Dinner Seminar: Helping Patients Who

Drink Too Much – 6 pm, Creekside Banquet,

Rochester and Syracuse. Practical 34th Annual UPDATE YOUR

MEDICINE JUNE 2008 COURSE: Multiple

lent turnaround time, secure. Ask about

our free trial. MedPro Solutions, Inc.

Attractive Rockville Centre Medical Space

available to sublease. Prime area Bldg with

ample parking. Walk to LIRR. Please call



20 *CME Dinner Seminar: Taking HIT to the Next

Cheektowaga. Hosted by the Erie County Medical Society. lectures, Hands-on workshops, MTP 516-541-3618 www.medprosolutions.net.

516-672-0192.

To register, call Pam Zwolinski at 716-852-1810. Level – 6 pm, Akbar Restaurant, Garden City. Luncheons. Weill Medical College of

Cornell University New York City 44.5

Hosted by the Queens Family Physicians. To register,

*CME Dinner Seminar: HIV in Marginalized and AMA PRA Category 1 credit (s)™.

call Mark Dumbleton at 718-322-2903. Director, Joseph C. Dreyfus III, MD and PRACTICE

Underserved Populations – 6 pm, Peking Hunan Park OFFICE TO SHARE

Coordinator, Juliet Kadriu / 445 East FOR SALE

restaurant, Manhattan. Hosted by the NY County Medical

Society. To register, call Natalie Ruoff at 212-684-4670. 21 MSSNY Task Force on Quality Medical Care

Meeting – 1-3 pm. Video conference between

Albany, Lake Success (teleconference only), Rochester

69th Street, Room 428 New York, NY

10021. Telephone: 212-746-4752 Fax

212-746-8072. Jck2004@med.cornell.edu

WESTCHESTER, NY Laser hair removal practice for sale mid

town 42nd and Madison. Turn key

SPACE TO SHARE in Spacious Modern



24 County Medical Society Presidents Conference

Call – Teleconference only.

and Syracuse. Website:http://www.med.cornell.edu/upda

te.your.medicine.

Medical Office. Prime Location, High

Visibility, Ground Floor. Hartsdale, NY.

operation includes Lumenis Light Sheer

ET and office furniture. Gross $200,000.

Asking $155,000 Call 516-356-3300.





28 MSSNY HIV, Hepatitis & STI Advisory Panel

Meeting – 10 am - 12:30 pm. Video conference

22 MSSNY Family Health Issues Committee

Meeting – 9:30 am – 12 noon teleconference.

PHOTOGRAPHER

Call 914-262-7584



PRACTICE FOR SALE

Solo family practice for 47 yrs in self

between Albany, Lake Success (teleconference only), County Medical Society Presidents Conference Call – OPENINGS owned residential bldg in QNS. For infor-

Rochester and Westchester. Teleconference only. SMS PROFESSIONAL PHYSICIANS mation call 917-579-7469.

PHOTOGRAPHY SERVICES



30 *HIT Vendor Fair – Central NY Area –

8 am – 3 pm, Double Tree Inn, Syracuse. Register

online at www.mssny.org.

*MSSNY CME Programs Weddings • Bar Mitzvahs • Christenings

Corporate Events • Real Estate

DISCOUNTED RATES

Four person family medicine practice

seeks fifth BC/BE. In beautiful Finger Lakes

FINANCIAL

SERVICES

*CME Dinner Seminar: Influenza – the Next Pandemic region near Ithaca, NY. Many advantages:

FOR MEDICAL SOCIETY MEMBERS

cultural (Incl. Cornell/Ithaca Colleges),

*CME Dinner Seminar: Helping Patients Who Drink Too Influenza –Two-hour program on pandemic flu, including Portfolio: www.photosoftheworld.com

recreational/outdoor opportunities. Office Gerald Goldberg, CPA-Lawyer, formerly

Much – 6:30 pm, Hilton Garden Inn, Staten Island. how to diagnose & treat, prepare for & coordinate care Email: photosites@gmail.com

modern, in office x-ray, diagnostic testing w/IRS, able to prepare taxes, account-

with public chain of command. Dinner included. 2 CME or call 516-830-1973

Hosted by Richmond County Medical Society, To and surgery. EHR. Contact 607-844-8181, ing, tax appeals, Legal Rep. on practice

Member: Professional Photographers

register, call Terri Minichello at 718-442-7267. credits. Pre-register. fax: 607-844-4288. Dryden Family transfers. Many MD clients.

Society of New York (www.ppgny.org).

Medicine; PO Box 8; Dryden, NY 13053. (212)967-1404 & (516)742-2100.

*CME Dinner Seminar: Effectively Communicating to a www.drydenfamilymedicine.com.

*CME Dinner Seminar: Effectively Communicating to

a Diverse Patient Population – 7 pm, Marabella Diverse Patient Population – One-hour program focuses Although MSSNY believes the

on the problem of health literacy. Dinner included. 1 CME RENTALS/LEASES EMERGENCY MEDICINE classified advertisements in

restaurant, Bayside, Queens. Hosted by the Spanish TeamHealth East is seeking physicians for a these pages to be from rep-

American Medical and Dental Society. To register, call credit. Pre-register. comprehensive healthcare institution in utable sources, MSSNY does not

516-354-0710. GREAT NECK MEDICAL OFFICE Syracuse. The 50,000-volume ED provides investigate the offers made and

*CME Grand Rounds Program: Effectively Near all hospitals, to share/sublet, full/part 48 hours a day of physician coverage and assumes no liability concerning

Communicating to a Diverse Patient Population – Above time, 2 consult rooms, 3 exam rms, 36 hours a day of MLP coverage. Preferred them. MSSNY reserves the right

phlcbotomy room, conference room, break qualifications: BC/BP in EM. Considered to decline, withdraw or edit

program for hospital personnel. 1 CME credit. advertisements at its discretion.

room, lab, treatment area and picturesque qualifications: BC in a primary care special-

Every care is taken to avoid mis-

*CME Dinner Seminar: Helping Patients Who Drink Too waiting area overlooking Manhasset Bay. ty with prior ED experience. Contact Donna

takes but responsibility cannot

Possible use of staff. 516-582-6565 or Swider at 800-848-3721 x4356 or email:

Much – Two-hour program provides office-based physi- email info@cancerli.com dswider@teamhealth.com.

be accepted by MSSNY for cleri-

cal or printer’s errors.







April 2008 — MSSNY’s News Of New York — Page 15