MSSNYeNews: Open Letter on OPMC – February 7, 2020

Arthur Fougner MSSNY Presiident

Arthur Fougner, MD
MSSNY President

February 7, 2020

Vol. 23  Number 6



On January 13, The Medical Society of the State of New York met with Health Commissioner Dr. Howard Zucker as well as Keith Servis and Paula Breen of the Office of Professional Medical Conduct. It was by all accounts a cordial meeting. We were there to share our thoughts on Physician Wellness, what the stressors were for NY’s doctors and to explore potential solutions. Dr. Zucker offered that government mandates might be one of the stressors. We voiced some fears raised by the “State of the State” about OPMC but were reassured by Ms. Breen that our concerns were largely unfounded. We left optimistic and agreed to continue our dialog.

Despite this collaborative dialogue, we then saw what was being proposed within the legislative proposal for the Health and Mental Hygiene section of the Budget to unfairly malign physicians. The first element is to lower the threshold for the Commissioner of Health to summarily suspend a physician’s license. As the result of a physician’s inappropriate use of disposable syringes, the Medical Society had worked with the Department of Health to add the ability of the Commissioner to suspend the license of any physician felt to be an imminent threat to public health. We feel that the summary suspension of license without due process is such a significant matter that the threshold should be as high as possible as the ramifications of acutely severing longstanding patient-doctor relationships are enormous. Any lowering of this bar should be undertaken only after serious study of all its effects and therefore not as part of the budget process.

The second has to do with removing the OPMC Board’s oversight of the Executive Secretary and substitute oversight only by the Health Commissioner. On its face, this appears again to remove a level of due process from the system as the Board would discuss and deliberate more thoroughly than one individual could. We wonder if the governor views due process as a bug not a feature of the system.

Finally, the third and perhaps most inimical is the proposal to publicize complaints, valid or not, before any real evaluation is undertaken. OPMC complaints would then become the equivalent of a bad Yelp review on steroids. As an example, consider the case of a drug-seeking patient whose physician would not accede to her wishes. In retaliation, she files complaint with OPMC that the physician sexually assaulted her. Or how about an insurance company trying to teach a physician a lesson for making too many complaints to a government body? Ultimately, the physician was found not guilty of any misconduct. Had an allegation of sexual assault become public, his career would have been over. Former Labor Secretary Raymond L Donovan once famously asked, “Which office do I go to get my reputation back?” That office did not exist then and it doesn’t exist now.

New York State has been labeled the worst state for doctors by Wallethub. NY’s high cost of living along with its decidedly unfriendly malpractice climate have driven over half of the young physicians who train in New York out of the state. If government officials wish to know what NY stressors lead to physician burnout, they need only look to the current budget proposal. We would only hope that everyone awakens to the realization that as far as NY physician stress and burnout are concerned, Albany has not been the solution to the problem. Thus far, Albany IS the problem.

But we are not without recourse.  Your MSSNY has been hard at work, in the halls of the Capitol, and in the media, pushing back against this and other adverse Budget proposals.  We need to keep it up. 

I do have two asks. The first is for all reading this who haven’t already done so to text MSSNY to 52886 to get our grassroots alerts which will generate a letter sent to our elected officials on this and other issues of concern. The second is to arrange to join us on March 4 on Lobby Day to let Albany know exactly how we feel.

Comments?; @sonodoc99

Arthur Fougner, MD
MSSNY President


Capital Update

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Plan to Be in Albany on March 4th for MSSNY’s “Physician Advocacy Day”
With so many issues of concern in the Governor’s Budget, the need for physician advocacy and grassroots involvement is greater than ever. Items of concern Medicaid cuts, legalized marijuana and changes to the physician disciplinary process, while supporting reforms such as include regulating PBMs and a flavored tobacco ban. Therefore, it is imperative that physicians be in contact with their local legislators to ensure the physician community’s message is well-represented.

One opportunity is to participate in MSSNY’s “Physician Advocacy Day” that will be held on Wednesday, March 4th in the Lewis Swyer Theatre in the Egg located at the Empire State Plaza, Albany NY. Click here to register!

Join your colleagues from all around New York State and come to MSSNY’s Physician Advocacy Day to speak with your legislators and key policymakers to ensure they’re making the right choices for New York’s physicians and their patients.

A brief luncheon to which members of each House are invited to speak with their constituents will follow the morning program.  Please work with your County Medical Societies to schedule appointments for physicians to meet with their elected representatives.

If you have any questions/comments, please contact Raza Ali at (ALI)

MSSNY Continues to Push Back Against Troubling Proposal to Bypass Disciplinary Due Process
With Part L of Governor’s proposed Health Budget bill containing extremely troubling measures to bypass important due process protections for physicians during disciplinary proceedings, all physicians are urged to contact their legislators contact here to urge that the Legislature reject this unfair proposal.

The proposal would, among many other provisions, make it far easier for the Commissioner of Health to disclose to the public that a physician is under disciplinary investigation or summarily suspend a physician with only a minimal finding of risk to the public, as opposed to the much stronger “imminent danger” standard now required for bypassing existing due process protections.

That is particularly troubling given that only a small percentage of complaints to OPMC result in a disciplinary sanction.  MSSNY has indicated that we agree with the importance of acting quickly when it is imperative, but these proposals would completely undermine important and longstanding due process protections. Given that most complaints are dismissed without any sanction or action, this series of proposed changes to bypass these rights would create a substantial possibility of unfairly destroying an innocent physician’s career.    

MSSNY has joined with 16 state specialty societies in a communication to the Legislature setting forth our concerns in greater detail. Moreover, this week, MSSNY President Dr. Art Fougner appeared on the WCNY “Capitol Pressroom” radio program to discuss MSSNY’s concerns with this proposal.

Please urge your legislators to reject this proposal from the Budget.   (AUSTER)

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MSSNY: Community Physician Perspective Needs to Be Considered on Medicaid Redesign Recommendations
MSSNY has raised strong concerns that the newly appointed Medicaid Redesign Team charged with identifying $2.5 billion in State Budget savings has not included any community-based treating physicians. For the full list of appointees, click here.

The MRT2, chaired by Northwell CEO Michael Dowling and former SEIU Chair Dennis Rivera, includes state agency commissioners who are MDs, including Health Commissioner Dr. Howard Zucker and Mental Health Commissioner Dr. Ann Sullivan.  However, MSSNY is very concerned that the recommendations may lack the perspective of a physician in practice regularly treating patients, particularly those covered by Medicaid. The Committee is expected to consider further cuts to Medicaid payments, as well as possible revisions to the Excess Medical Malpractice Insurance Program.

After the MRT2 composition was announced, MSSNY President Dr. Art Fougner offered a public statement noting that: “It is perplexing that despite the hundreds of thousands of patients insured by Medicaid who are treated by a physician, and the tens of thousands of physicians who deliver care to these patients every year, not a single community-based physician has been appointed to the MRT 2.

We are further perplexed that some parts of the health care system actually have multiple representatives on this group. A $2.5 billion Medicaid savings target is almost certainly going to examine programs that impact patient access to community-based physician care, so it is very important that these physicians’ perspectives are represented on this Group.

To ignore or marginalize physicians’ perspective on our health care system is wholly unfair, not only to New York’s dedicated physicians but to all New Yorkers—the patients we serve.  We will of course continue to work with the Legislature and Administration on identifying responsible ways to address our State Budget deficit.”

Media articles reporting on the appointment of the MRT2 have noted similar concerns about lack of representation raised by Senate Health Committee Chair Gustavo Rivera, Assembly Health Committee Chair Richard Gottfried, and representatives of various provider associations such as clinics and home care associations.     (AUSTER)

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Physicians Urged to Support Efforts to Enact Ban on Flavored Vaping Products; MSSNY Meets with Governor to Discuss Vaping Epidemic
Physicians are urged to send a letter to the governor and to their member of the New York State Legislature urging enactment of provisions in the New York State budget that would prohibit the sale or distribution of flavored e-cigarettes or vaping products.  MSSNY strongly supports the proposed budget provision and urges physicians to take action here.

This week, MSSNY joined other patient advocacy organizations in a meeting with Governor Andrew Cuomo, NYS Department of Health Commissioner Howard Zucker, MD, and gubernatorial staff to discuss the continued vaping epidemic in New York State and ways to combat it including discussion of passage of the governor’s language within the context of the budget.  MSSNY joined with other health groups such as the New York State Association of County Health Officials, (NYSACHO), the NYS PTA, the NYS American Academy of Pediatrics, Chapters 1, 2 & 3, the American Heart Association, the American Cancer Society and the Coalition for Tobacco Free Kids.  (CLANCY)

NY AG Appeals Judges Order to Strike Down Emergency e-Cigarette Flavor Ban
On Friday New York State Attorney General Letitia James appealed a Supreme Court Justices order that struck down New York’s emergency ban on flavored e-cigarettes. Acting Supreme Court Justice Catherine Cholakis ruled that Governor Andrew Cuomo and health officials had exceeded their authority in approving the temporary ban last fall and that it should be left to the legislature to develop the law and policy around the issue. James’s office has asked the court of appeals to clarify how the ‘separation of powers doctrine’ applies to the issue over the emergency vaping flavor ban.

MSSNY supports the packages of bills brought forth in the legislature by Senator Brad Hoylman and Assemblywoman Bichotte to combat the vaping epidemic, as well as a package of proposals being advanced by the Governor.         (ALI) 

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Surprise Bill Resolution Heats Up in Congress – Contact Your Representatives Today
With new legislation to address the issue of surprise medical bills likely to receive a “mark-up” by the US House Education & Labor Committee next week, all physicians are urged to contact New York’s Senators Schumer and Gillibrand, as well as their respective Representative, to request that they enact a fair surprise bill law similar to New York’s highly acclaimed law.

A letter can be sent from here.  With Congress under pressure to find new revenue sources to help fund the federal Budget once the existing Budget resolution expires on May 22, the Congressional Budget Office has erroneously identified grossly unfair surprise billing legislation sponsored by Rep. Pallone and Sen. Alexander (H.R. 3630/S.1895) as one revenue source.  Unfortunately, this proposal would give insurers the power to pay for surprise out of network bills based upon insurers’ self-determined in-network rates, with little power to meaningfully to seek a more fair payment.

This would give enormous new powers to already market dominant insurers to drop physicians from their networks, or to significantly drop in-network payments.  Moreover, this is significant contrast to New York’s law, which sought to strike a fair balance to ensure that on-specialty care in hospital emergency departments was not jeopardized.

New York physician leaders will be having meetings with key members of New York’s Congressional delegation on Capitol Hill the week of February 10th.  Their message will be that physicians very much agree with the goal of the legislation to protect patients from facing these bills but disagree strongly with the solutions being offered.

Please contact your representatives today.    (AUSTER, CARY)

Senate Sets Recommendations to Combat Heroin and Opioid Abuse; DOH Releases Opioid Annual Report
The week the New York State Senate released its opioid abuse report setting forth recommendations for legislation to further respond to the opioid and heroin abuse epidemic.  The recommendations include some measures that MSSNY opposes such as S.5150-B, mandatory co-prescribing of naloxone for certain pain patients.  It does include measures that MSSNY worked to improve (S.7102-A, expanding the topics to be covered in the mandatory 3-hour pain course) and measures that MSSNY supports such as S.7115 which would permit “partial fills” of controlled substances.

All of these measures have passed in the NYS Senate.  On the other hand, the report did not include legislation imposing significant requirements on physicians such as mandatory notification to patients of the many risks associated with prescribing opioids (S.4277), and mandatory consideration of alternatives to opioid medications (S.5867).  These measures remain in the Senate Health Committee.  The report does discuss the importance of prescribers “Discussing risks and alternatives with patients” as a priority issue. A copy of the report can be found here.

This week the NYS DOH also released its New York State Opioid Annual Report 2019.  This report reflects the work of many programs within the New York State Department of Health, in partnership with other agencies which have worked collaboratively to address the opioid epidemic. The report provides an overview of opioid-related mortality, morbidity, naloxone distribution and administration, controlled substance prescriptions, and opioid use disorder treatment, including medication assisted treatment across New York State. It also summarizes new and expanded initiatives, and collaborative cross-disciplinary efforts implemented by the NYSDOH and partners. A copy of the report can be found here.           (CLANCY) 

MSSNY Joins Public Health Partners to Urge Restoration of Governor’s Cuts to Crucial State Programs Focused on Healthcare Workforce
On Tuesday, February 4th, MSSNY staff joined partners with the Workforce Advisory Group (WAG), for a full day of meetings in Albany with key policymakers, urging restoration of proposed cuts by Governor Cuomo to programs that support the healthcare related workforce. These programs include the Empire Clinical Research Investigator Program (ECRIP), Area Health Education Center (AHEC), the Center of Health Workforce Studies, Rural Health Access Development, and the Diversity in Medicine Scholarship Program. WAG is comprised of stakeholders in the health care field across New York, has advocated for and works closely with the Department of Health (DOH) on a variety of programmatic and funding issues related to Doctors Across New York (DANY), of which MSSNY is also a member.

The DANY program was established in 2008 to assist with the recruitment and retention of physicians in areas of need across New York State that lack the capacity to meet community needs by providing funding in exchange for loan repayment and practice support. DANY is a valued player in the recruitment and retention of physicians in underserved areas across the state, but the number of placements has not kept pace with the growing physician shortage.

MSSNY will continue to work with WAG as budget negotiations heat up and will share new information as it becomes available.   (CARY)

MSSNY Presents Testimony Raises Concerns with a Number of State Budget Proposals
On Wednesday January 29th, MSSNY Senior Vice President Moe Auster presented testimony to a joint Senate-Assembly Committee hearing Budget hearing .examining the proposed State Budget for Fiscal Year 2020-2021.  Among the issues he raised on MSSNY’s behalf:

  • Strong objections to proposals that would permit the bypassing of long-standing physician due process when a complaint is filed is OPMC;
  • Strong objections to the recent 1% cut to physician Medicaid payments, as well as concerns regarding even deeper cuts that could be imposed to meet a $2.5 Billion Medicaid savings target based upon recommendations of the revised Medicaid Redesign Team;
  • Support for funding to extend the Excess Medical Malpractice Insurance program, but strong objections to the failure to include historical language extending the program
  • Strong objections to a proposal to permit the sale of recreational or “adult use” marijuana
  • Strong objections to the significant expansion of the existing physician-pharmacist collaborative drug program to include nurse practitioners and physician assistants.
  • Support for proposals to regulate PBMs
  • Support for proposals to limit the sale of flavored tobacco products and to help prevent the health risks associated with vaping
  • Support for health insurance reforms, including creation of an administrative simplification task force and health claims denial transparency report.

To view a video of the testimony, click here. You can either advance to the 8:04 mark, or scroll to the direct link to Mr. Auster’s testimony.        (AUSTER)

Registration now open for “Steps to Physician Wellness and Resiliency”
MSSNY Committee on Physician Wellness and Resiliency will hold its first webinar, entitled Steps to Physician Wellness and Resiliency on February 25th from 7:30-8:30am. Jeffrey Selzer, MD will serve as faculty for this webinar.

Educational Objectives are:

  • Review the warning signs that stress, depression, anxiety or substance use may impact work or personal life
  • Identify strategies to increase personal empowerment toward making positive change, including self-assessment tools
  • Recognize self-monitoring strategies for stress related problems and know when to seek professional assistance

Register by clicking here.

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates this live activity for a maximum of 1.0 AMA/PRA Category 1 credits™.  Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Registration now open for Medical Matters: Virtual Drill: Incident Command System & Crisis Communications
MSSNY’s next Medical Matters will feature a Virtual Drill on the Incident Command System and Crisis Communications on February 19th from 6:00-8:00pm. Faculty for this program are: Arthur Cooper, MD; Pat Anders, MS, MEP; William Valenti, MD and Lorraine Giordano, MD.

Educational Objectives are:

  • Obtain information about local, state and national chain of command in a public health emergency and learn how to access resources
  • Understand the importance of planning for medical surge and triage of patients, as well as staff and family considerations, in the office-based practice setting during a health emergency
  • Develop an understanding that all public health emergencies can potentially have mental health implications for survivors and others connected with the event
  • Acquire skills for the management of patients in a public health emergency

Please note that there are recommended pre-course materials to be viewed prior to this virtual drill. You will be sent a link with your registration confirmation. We encourage all participants to examine these prior to the Virtual Drill.  Register by clicking here.

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates this live activity for a maximum of 2.0 AMA/PRA Category 1 credits™.  Physicians should claim only the credit commensurate with the extent of their participation in the activity. (HOFFMAN)

Veterans Matters: PTSD in Returning Veterans Live Seminar at The Brooklyn Hospital
The Medical Society of the State of New York, along with the Medical Society of County of Kings & Medical Society of Bay Ridge are hosting a CME live seminar entitled Veterans Matters: PTSD in Returning Veterans on Wednesday, February 12, 2020 at 7:00 pm at The Brooklyn Hospital Center, Conference Room 2a/2b, 121 DeKalb Avenue, Brooklyn, NY 11201.

Adolph Meyer, MD will serve as faculty for this program and the educational objectives are:

  • Identify diagnostic criteria for PTSD
  • Discuss medical and psychiatric comorbidities of military related PTSD
  • Discuss evidence-based treatment modalities for PTSD including medications and psychotherapy
  • Discuss strategies to help veterans overcome stigma to seek and accept treatment for military related trauma

Reservations can be made by contacting Dr. Lisa Eng at or call (917) 952-8814. All participants must RSVP to receive parking accommodations.

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians 

The Medical Society of the State of New York designates each of these live activities for a maximum of 1.0 AMA/PRA Category 1 credits™.  Physicians should claim only the credit commensurate with the extent of their participation in the activity.     (SHERPA)

FDA Grants Emergency Use Approval for Coronavirus Testing Kits
The FDA “on Tuesday granted emergency use approval for state public health laboratories to start testing for the new flu-like coronavirus…using kits developed by the Centers for Disease Control and Prevention (CDC).” Under the approval, “state public health labs can order test kits and also start the work of validating the tests within their own labs to make sure their scientists are using it correctly, Scott Becker, the executive director of the Association of Public Health Laboratories (APHL), said. “CDC reports highest pediatric flu death toll in 17 years.” (Reuters )If flu activity continues to rise in the same trajectory, the U.S. could see one of the worst flu seasons in decades, Anthony Fauci, MD, director of the National Institute of Allergy and Infectious Diseases, told CNN in a separate report.

71% of Physicians Say Electronic Records Contribute to Burnout
More than half of physicians reported symptoms of burnout in a 2014 study, and while that rate dropped to 43 percent in a 2017 follow-up, it is still much higher than the rate for all US workers, which stayed essentially flat in those years. What has gone wrong with our once beloved profession?

A report in The American Journal of Medicine last year looked at this question. It defined burnout as 1) lacking a sense of accomplishment, 2) cynicism, and 3) lack of enthusiasm for our work. It found that the one thing in medicine that seemed to correlate with the rise of burnout was the electronic medical record, introduced in 2008. A Stanford study showed that 71 percent of doctors say that electronic health records contribute to burnout.

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Rep. Clarke Brings Primary Physician Dr. Donald Moore to State of the Union Address
U.S. Rep. Yvette D. Clarke (D- Brownsville, Crown Heights, East Flatbush, Flatbush, Kensington, Park Slope, Prospect Heights, Midwood, Sheepshead Bay, Marine Park, Gerritsen Beach, Prospect Lefferts Gardens) attended this week’s State of the Union and brought MSSNY member  (Kings County) Donald E. Moore MD a primary care physician from Brooklyn and champion for Medicare for All, as her guest.

Democrats brought more than 80 patients, doctors and health care advocates from across the country to this year’s State of the Union. “I was honored to bring Brooklyn physician Dr. Donald Moore who is well known in our community and is one of the greatest advocates for Medicare for All. The time is now to prioritize health care as a right, not a privilege, and Dr. Moore walks this walk every day in his medical practice,” she added.

Track Coronavirus Outbreak on Johns Hopkins LIVE Dashboard

Realtime infection and death data from five sources

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Fewer People Are Regularly Visiting Their Primary Care Physicians
Visits to primary care physicians are on the decline, according to new research. Previous research has suggested that patients who regularly see PCPs tend to be healthier, but insurance claims data from one insurer from 2008-2016 reveal that regular visits to PCPs have declined by nearly 25%. The share of adults who didn’t have any visits with their PCP in a given year rose from around 38% to 46%, while visits to other settings — such as urgent care centers — also increased.

Young adults, those with chronic conditions, and those living in low-income areas were least likely to have visited their PCP. The authors of the study suggest that these declines in PCP visits may be because people perceive regular checkups as unnecessary, and because of rising costs — the average cost per visit increased by around $10 over the study period.

First Peanut Allergy Treatment Approved
The FDA has approved Palforzia to reduce the risk for allergic reactions in children with confirmed peanut allergies. Patients aged 4 to 17 years can start the oral treatment, and its continued use is approved for those ages 4 and up. After the initial dose, 11 increasing doses are given over several months. The first time a higher dose is given, it is administered in a supervised healthcare setting where allergic reactions can be managed. After tolerating all the up-dosing levels, the patient enters a maintenance phase, where the 300-mg dose is given at home daily.

A study of roughly 500 people with peanut allergy found that after 6 months of treatment, 67% of Palforzia recipients could tolerate a single 600-mg dose of peanut protein with only mild allergic symptoms, compared with 4% of those receiving placebo. Common side effects include abdominal pain, vomiting, mouth tingling, itching, hives, wheezing, and anaphylaxis. The treatment is contraindicated in patients with uncontrolled asthma.

The FDA requires that prescribers be educated on the risk for anaphylaxis. Patients should still take steps to avoid ingesting peanuts and have injectable epinephrine on hand. FDA news release; Palforzia prescribing information (PDF).

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NY Doctor Sentenced for Accepting Bribes/Kickbacks in Exchange for Prescribing Fentanyl
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that Alexandru Burducea, a doctor who practiced in Manhattan, was sentenced in Manhattan federal court to 57 months in prison for conspiring to violate the Anti-Kickback Statute, in connection with a scheme to prescribe Subsys, a potent fentanyl-based spray, in exchange for bribes and kickbacks from Subsys’s manufacturer, Insys Therapeutics.  Burducea pled guilty on February 14, 2019 and was sentenced by United States District Judge Kimba M. Wood.

U.S. Attorney Geoffrey S. Berman said: “Before September 2014, Alexandru Burducea, a doctor who practiced in Manhattan, had never prescribed Subsys, a potent fentanyl-based spray.  By the second quarter of 2015, however – in exchange for bribes and kickbacks from Subsys’s manufacturer, Insys Therapeutics – Burducea became approximately the 14th-highest prescriber of Subsys in the country. Burducea sacrificed the safety of his patients to satisfy his own greed and will now spend time in federal prison for his reckless prescribing of this highly addictive and deadly drug.” 

The Insys Speakers Bureau

Subsys, which is manufactured by Insys, is a powerful painkiller approximately 50 to 100 times more potent than morphine. The FDA approved Subsys only for the management of breakthrough pain in cancer patients.  Prescriptions of Subsys typically cost thousands of dollars each month, and Medicare and Medicaid, as well as commercial insurers, reimbursed prescriptions written by Burducea.

In or about August 2012, Insys launched a “Speakers Bureau,” a roster of doctors who would conduct programs (“Speaker Programs”) purportedly aimed at educating other practitioners about Subsys.  In reality, Insys used its Speakers Bureau to induce the doctors who served as speakers to prescribe large volumes of Subsys by paying them Speaker Program fees.  Speakers were supposed to conduct an educational slide presentation for other health care practitioners at each Speaker Program.  In reality, many of the Speaker Programs were predominantly social affairs where no educational presentation about Subsys occurred.  Attendance sign-in sheets for the Speaker Programs were frequently forged by adding the names and signatures of health care practitioners who had not actually been present.

Burducea’s Participation in the Scheme

Dr. Burducea, certified in pain management and anesthesiology, was an Assistant Professor of anesthesiology at a large Manhattan hospital.  He also practiced at an anesthesiology and pain management office associated with the hospital.  From in or about September 2014 until in or about June 2015, BURDUCEA received approximately $68,400 in Speaker Program fees from Insys in exchange for prescribing large volumes of Subsys.

In addition, Insys hired BURDUCEA’s then-girlfriend, now wife, to work as BURDUCEA’s sales representative, and the company paid her large commissions based on the volume of Subsys prescribed by her assigned doctors, which included Dr. Burducea. Dr. Burducea, who had never prescribed Subsys before in or about September 2014, became approximately the 14th-highest prescriber of Subsys nationally in the second quarter of 2015, accounting for total net sales of the drug of approximately $621,345 in that quarter. (Press release from Department of Justice U.S. Attorney’s Office Southern District of New York)


New Drug Formulary FAQs
To support the successful implementation of the New York Workers’ Compensation Formulary (NY WC Formulary), the Board continues to educate medical providers and payers about the Formulary and prior authorization process. This includes providing timely responses to frequently asked questions and requests for clarification. This week, the Board published a new round of frequently asked questions (FAQs). Please visit the Board’s Drug Formulary Overview webpage for the latest FAQs as well as:

  • An overview of the NY WC Formulary and the prior authorization process
  • The latest version of the NY WC Formulary
  • A Quick Guide to the NY WC Formulary
  • NY WC Formulary Dashboard Guides for Providers and Payers/TPAs

More Information

For more information, visit the Drug Formulary Overview Page

General NY WC Formulary questions:

Technical support questions:

Subscribe for email notifications


Medicare Provider Enrollment
A new Medicare Provider Enrollment Educational Tool is available. Learn about:

  • Eligibility and process
  • Application fee for institutional providers
  • Revalidation
  • Provider Enrollment, Chain and Ownership System (PECOS)


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When you subscribe to the Medical Society of the State of New York Grassroots Action Center, the Division of Governmental Affairs will alert you when legislation and issues of importance to physicians and patients, either in the NYS legislature or in Congress, are at critical stages.

Accordingly, contact from constituents would be vital to influencing the path and future of that legislation or issue.

Alerts will be accompanied by recommended actions you or your designee can take to have maximum impact such as calling, tweeting and emailing a customizable letter to your legislators.

If you are concerned with health care policy formation in New York State, please subscribe today by texting MSSNY to 52886 and you will be prompted to enter your email address.  When you sign up, it is best to use your NY-based voting address or practice address (if you do not reside in NY) for your alerts.

Contact the Division of Governmental Affairs at 518-465-8085 or if you have questions or comments.  Thank you.

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Looking for a tutor for Initial Pediatric Board Exam
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Great Career Opportunities for Clinical Physicians
Physicians, are you looking for a change?  Tired of working long shifts with an overwhelming patient load?  Come work at a well-equipped and staffed correctional facility where you can MAKE a difference, working with a smaller number of patients for reasonable hours.

Starting salary is $143,381 – $171,631 *Additional $20,000 geographical differential for Clinton & Franklin CF, and $10,000 for Five Points, Greene and Groveland CFs. We offer full-time, part-time & hourly/per-diem positions.

We have openings in the following counties offering a choice of urban, suburban or rural living:

Clinton*                 Clinton Correctional Facility (sporting and recreational outlets)
Chemung               Elmira and Southport Corrl Facilities (Gateway to the Finger Lakes)
Columbia*             Hudson Correctional Facility (antiquing, arts & collectables)
Dutchess                Green Haven Correctional Facility (Hudson River Valley Beauty)
Franklin*                Franklin & Upstate Corrl Facilities (North Country, 1 hour to Montreal)
Greene*                 Greene Correctional Facility (rural charm yet only 2 hours to NY City)
Livingston*            Groveland Correctional Facility (State Parks, hiking, fishing)
Oneida                   Mohawk Correctional Facility (Cooperstown, breweries)
Orleans                  Albion Correctional Facility (Greater Niagara Region & Canal Town Culture)
Sullivan                  Woodbourne Correctional Facility (mountains, outlets, entertainment)
Seneca*                 Five Points Correctional Facility (heart of wine country)
St. Lawrence          Riverview Correctional Facility (hiking, boating and museums)
Ulster                     Shawangunk and Wallkill Corrl Facility (Catskill Mountains, Casinos)
Washington           Great Meadow Corrl Facility (Between Vermont & Green Mountains)
Westchester           Bedford Hills Correctional Facility (Less than 1 Hour to NYC)
Wyoming               Wyoming Correctional Facility (waterfalls, family farms, natural beauty)

NYS Corrections Personnel Ad

Inquire with the Facility Personnel Office regarding benefits and anticipated opportunities: Contact: or DOCCS Personnel Office at (518) 457-8132 for more information and to apply.