October 20, 2017 – MSSNY’s New Law Firm

Charles Rothberg, MD - MSSNY President
PRESIDENT’S MESSAGE

Charles Rothberg, MD

October 20, 2017
Volume 17
Number 40

Dear Colleagues:

I am very excited to announce that the Medical Society State of New York has entered into an agreement with the law firm of Garfunkel Wild P.C. to represent MSSNY as general counsel. Specializing in health care law, they maintain offices in Great Neck (Long Island) and Albany.  In fact, the Albany offices are managed by three partners that have extensive high-level backgrounds within the regulatory and administrative services of the State government. Therefore, all MSSNY members will have access to legal services on a statewide basis.

With over 80 attorneys, Garfunkel Wild will be able to serve all of our members’ needs from medical school to retirement. As part of our agreement, MSSNY members, if eligible, will receive a discount on regular billing rates. 

Our new relationship partners for MSSNY and its members are Barry B. Cepelewicz, M.D., Esq. at 516-393-2579 bcepelewicz@garfunkelwild.com and Andrew E. Blustein, Esq. (516-393-2218; ablustein@garfunkelwild.com. The firm website is at www.garfunkelwild.com.

Garfunkel Wild can help our members negotiate, draft, and review all types of agreements, from employment contracts, wills, and real estate agreements, to shareholder and operating agreements, to managed care/third-party payor participation agreements, to billing and other vendor agreements.  Moreover, the firm’s attorneys can work with our physicians to develop, implement and supervise corporate compliance programs, to prepare for and defend against both routine and more complex audits, investigations, and reimbursement appeals, and to protect our licenses before professional licensing boards.

I look forward to a long-lasting relationship with our new law firm. This is a premier MSSNY member benefit.

It is important to know that we have a firm with decades of health care experience to walk beside us in our good times and times of need.

Sincerely,

Charles Rothberg, MD
MSSNY President

Please send your comments to comments@mssny.org


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Albany Radiologist to Albany T-U: Date of Discovery Bill Could Harm Medicine in NY
Albany radiologist and MSSNY member Dr. Robert Rapaport had a commentary published in the Albany Times-Union  this week urging that Governor Cuomo veto legislation (S.6800/A.8516) passed in the waning hours of the Legislative Session that would significantly expand the time to bring a medical malpractice lawsuit, in circumstances based upon an “alleged negligent failure to diagnose a malignant tumor or cancer”.   If signed into law it would likely prompt a double digit increase in physician and hospital malpractice premiums.

Physicians are urged to continue to contact Governor Cuomo to request that the bill be vetoed, and to instead work for comprehensive medical liability reform. You can send a letter here and call 518-474-8390.

Dr. Rapaport’s letter noted that the bill would “do nothing to improve the identification or treatment of cancer,” but would instead “encourage physicians to leave the state, discourage radiologists from working in the field of mammography, and reduce women’s access to breast cancer screening.”

A Letter to the Editor from MSSNY President Dr. Charles Rothberg urging a veto was also recently published in the Albany Times-Union (letter).  Numerous other letters from regional and statewide physician leaders have appeared in papers across the State urging a veto including the following:  

While many physicians have weighed in, we need an overwhelming demonstration from physicians regarding how this bill will harm access to care in their communities if this bill is signed into law without also providing needed tort reforms to bring down the exorbitant costs of medical liability insurance in New York. This bill is also being strongly opposed by several other medical liability insurers including MLMIC, as well as the Healthcare Association of New York State, the Greater New York Hospital Association and the Lawsuit Reform Alliance of New York.

Urge the Governor to Include E-Cigarettes Under Clean Indoor Air Act
Legislation that would require E-cigarettes be included in the Clean Indoor Air Act is now before Governor Cuomo for his consideration. Physicians are urged to send a letter to him in support of this measure (S.2543A/A.516A), by clicking here  sponsored by Senator Kemp Hannon and Assemblywoman Linda Rosenthal, the bill includes vaping in the definition of smoking, along with the use of e-cigarettes.  It would place the same restrictions on e-cigarettes that already exist on tobacco products under the Clean Indoor Air Act.  MSSNY supports this legislation and urges that it be signed into law.

Electronic cigarettes, commonly known as e-cigarettes, are electronic devices that deliver nicotine to the user.  People are being placed at risk because of the lack of information regarding the chemical makeup of liquid nicotine or the risk to individuals from inhaling the water vapor either directly or through secondhand exposure. Testing done by the FDA shows that electronic cigarettes can be dangerous because users inhale carcinogens and toxic chemicals, such as diethylene glycol, an ingredient found in antifreeze.  Recent studies have suggested that e-cigarettes may contain more carcinogens than traditional cigarettes, in some instances ten times the carcinogens of traditional cigarettes.

NY Health Works Conducting Survey on Medication Switching
Please Complete Survey to Document Problems of Mid-Year Prescription Formulary Changes
MSSNY has been working collaboratively with several patient advocacy groups to support legislation (A.2317, People-Stokes/S.5022-A, Serino) that would prohibit health insurers from moving a drug to a higher-cost tier or removing a prescription drug from a formulary during a policy year.  To help facilitate advocacy in support of this legislation, the group New York Health Works has developed a survey to enable physicians and patients to better document the full extent of this problem.  To respond to the survey, click here.


Promo Code: MSSNY


MSSNY Physician Leaders Participate in Regulatory Modernization Discussions
Several MSSNY physician leaders have been participating in NYS Department of Health Regulatory Modernization Workgroup meetings since the summer.   In response to the changing dynamics in health care delivery, including emerging technologies are allowing for new models of consumer-driven care; and medical advances facilitating a shift towards ambulatory models, these workgroups have examined existing laws, regulations, and policies and make recommendations to assure New York’s regulatory structure reflects these changing dynamics.

This week, past MSSNY Councilor and Brooklyn cardiologist Dr. Robert Frankel and past Albany County Medical Society President and Albany Medical Center Hospital General Director Dr. Fred Venditti participated in a meeting of the Cardiac Need Methodology Workgroup.  Last week, MSSNYSecretary and Suffolk County psychiatrist Dr. Frank Dowling participated in a meeting of the Integrated Primary Care and Behavioral Health Workgroup.  In previous weeks, Richmond County President and internist Dr. Sal Volpe participated in a meeting of the Telehealth Workgroup.

Columbia Dept. of Psychiatry Conference Oct 28-29: “Healing Unexplainable Pain”
The Department of Psychiatry at Columbia University Medical Center & Office of Mental Health of the State of New York present 3rd Columbia Psychosomatics Conference: Healing Unexplainable Pain. Advances in Psychotherapeutic Treatments for Persistent Somatic Distress: Towards Reversing Effects of Early Interpersonal Adversity on the Body will feature lectures lectures and workshops by world experts in research and treatment of psychosomatic disorders. Conference Chairs: Alla Landa, PhD, Harald Gündel, MD, Brian A. Fallon, MD, Philip R. Muskin, MD

When: October 28 – October 29, 2017
Where: New York State Psychiatric Institute at Columbia University Medical Center, 1051 Riverside Drive, NY NY

Advanced registration is encouraged as the number of seats is limited! For more information, complete program and to register please go here.

The Bureau of Psychiatric Services & Research Institute Support (BPSRIS) is accredited by the Medical Society of the State of New York (MSSNY) to provide continuing medical education for physicians. The Bureau of Psychiatric Services & Research Institute Support (BPSRIS) designates this live activity for a maximum of 13.75 AMA PRA Category 1 Credits TM.  Physicians should claim only the credit commensurate with the extent of their participation in the activity


Your membership yields results and will continue to do so. When your 2018 invoice arrives, please renew. KEEP MSSNY STRONG!


NYC Commissioner Bassett:  Lack of Vaccinations Causing Oral HPV
Dr. Mary T. Bassett, commissioner of health for New York City, writes at CNN (10/19), about the recent study finding “an estimated 11 million men in America have oral HPV infections and 7 million men have the high-risk type of HPV that can cause cancers of the mouth and throat.”

She says the reason for this is that people are not being vaccinated, and attributes that to “the health care provider who must recommend it, and the parent who must accept it.” She urges health professionals to “call the vaccine what it is: a vaccine against cancer.” Regarding those already infected, she adds, “early diagnosis and behavioral changes are critical” though “there are no FDA-approved oral HPV tests.” Research published in the Annals of Internal Medicine indicated “11 million men and 3.2 million women in the” US have “oral HPV infections.” Among these individuals, “7 million men and 1.4 million women” have “strains that can cause cancers of the throat, tongue and other areas of the head and neck.”

NY AG Schneiderman Sues Trump Administration to Protect ACA Subsidies
New York Attorney General Eric Schneiderman and 18 other attorneys general filed a lawsuit October 13 arguing that the federal government is required to continue making cost-sharing reduction payments to insurers. The attorneys general argue in the lawsuit, filed in U.S. District Court for the Northern District of California, that the executive branch has “both the authority and the obligation” to make the payments, which help offset copays and deductibles for lower-income people getting coverage on the Affordable Care Act marketplaces. “The loss of funds and financial uncertainty caused by their actions will lead to higher health insurance costs for consumers and to insurers abandoning the individual health insurance market,” the plaintiffs wrote of the Trump administration in the complaint.

The lawsuit followed President Donald Trump’s directives late last week rolling back the Affordable Care Act subsidies and opening the door for businesses to buy health insurance across state lines. State officials warned such actions would destabilize New York’s insurance exchange and create gaps in the state budget.

“I will not allow President Trump to once again use New York families as political pawns in his dangerous, partisan campaign to eviscerate the Affordable Care Act at any cost,” Schneiderman said in a statement.

New York State receives about $870 million to finance the Essential Plan for low income families.

CVS Health and Epic Announce Initiative to Help Lower Drug Costs for Patients
On October 16, CVS Health and Epic today announced a strategic initiative to help lower drug costs for patients by providing prescribers with expanded visibility to lower cost alternatives through enhanced analytics and data sharing. CVS Health will use Epic’s Healthy Planet population health and analytics platform to generate insights surrounding dispensing patterns and behaviors around medication adherence.

The collaboration will bolster prescription decision-making for patients and their physicians, pharmacists and health insurers. Real-time benefit information and facilitated, point-of-prescribing electronic prior authorization will help improve and simplify patient access to necessary medications and ensure their prescribers are aware of prescription insurance formulary status and less expensive alternatives as appropriate. CVS Health currently works with Epic, the most widely used EHR.

MSSNYPAC Physician Family Halloween Party in Staten Island October 29
You’re invited to the home of John Maese, MD & Donna Seminara, MD, for a physician family Halloween party to benefit MSSNYPAC.  Suggested contribution is $175 per family, $10 for medical students and $50 for residents.  Please also consider joining MSSNY’s Councilor’s Club or President’s Circle. Please visit www.mssnypac.org/events to RSVP or learn more.  Location is in Staten Island NY and address to be provided prior to event.

Tip of the Week
By Jacqueline Thelian, CPC, CPC-I, CHCA, Medco Consultants, Inc.

Q:  Is it true I now have to be credentialed with straight Medicaid to remain participating with a Medicaid HMO Plan?

A. This is not only an excellent question but a timely one as well. In the past you were not required to have a Medicaid number to become credentialed with a Medicaid HMO plan such as Healthfirst or Metro Plus. Effective January 1, 2018, Federal law requires that all Medicaid Managed Care and Children´s Health Insurance Program network providers be enrolled with New York State (NYS) Medicaid programs.

For example, if a physician currently participates in a network with a Medicaid managed care plan that provides services to, or orders, prescribes, or certifies eligibility for services for, individuals who are eligible for medical assistance, the physician must enroll with New York State Medicaid.” Physician’s application must be received by CSRA, the Medicaid fiscal agent, by December 1, 2017 or you may be removed from the network. It is important to note enrollment in Medicaid is required to maintain credentialing status with Medicaid HMO plans even if you don’t accept straight Medicaid patients.
Source: https://www.health.ny.gov/health_care/medicaid/program/update/2017/2017-05.htm#requirement

If you have a coding or compliance question you would like to have answered please send your question to MSSNY at eskelly@mssny.org, and complete the subject line with Tip of the Week.

SEMINARS

Want to Learn More About New York’s New Step Therapy Patient Protections?

Join Us for a 10/25 Mid-Day Webinar

This Wednesday October 25, from 12:30-1:15, please join MSSNY President-elect Thomas Madejski, and MSSNY Senior VP Moe Auster in an educational webinar organized by the National Psoriasis Foundation (NPF) discussing New York’s new step therapy medication patient protections. To register for the webinar, click here.

While the new requirements on health insurers has been phased in this year, it will become effective for all New York-regulated health insurance plans, including Medicaid Managed Care plans, on January 1, 2018.  The law requires a health insurer to grant a physician’s override request of an insurer step therapy protocol for their patient if the physician can demonstrate that the drug required by the protocol is contraindicated, likely to be ineffective, or if the patient is stable on the medication requested by the physician.

If the physician’s request for an override of the step therapy protocol is denied, the new law would better enable a physician to formally appeal the decision both within the plan’s existing appeal mechanism as well as taking an external appeal.   MSSNY worked together with several other specialty society and patient advocacy organizations to advocate in support of this new law.


CLASSIFIEDS

Riverdale Medical Office for Sale – Prime Location
Co-op with private entrance features 2 exam rooms, lab, office & bathroom. Must see! Call 718-230-7069

Medical Family Practice For Sale – Long Beach, NY
Established 14 years. Newly renovated. Fully equipped ground floor premises. 3 exam rooms. Must see! Call Carol – 516-238-3422


For Rent or Share – Woodbury, Long Island
Beautiful recently renovated Plastic Surgery
office available for part-time share and
AAAA-certified (by end of summer).
OR available for rent. Centrally located
on Long Island.Close to expressways.
3 exam rooms, 1 procedure room /OR.
Waiting room, break room and personal office.
Free WIFI. Available for full or half-days.
Suits Plastic/Cosmetic Surgeons/Derm/ENT/
ObGyn/Podiatry or other Medical MDs.
Contact Patricia at info@cosmetichg.com
or 631-318-4008

Want to Sell Your Medical Practice? Do You Have Medical Office Space to Sell or Share?
Clineeds is a new online platform designed to help medical providers sell their practice or buy, sell and share medical office space. Listing is FREE! No contracts. No commitments. No fees. Sign up today at  http://www.clineeds.com/sign-up

PHYSICIAN OPPORTUNITIES


Medical Director – AIDS Institute
Minimum Qualifications:
Current license and registration to practice medicine in New York State and board certification AND either a Master’s Degree in Public Health or two years of experience in an HIV program or public health program.Preferred Qualifications:
Master’s Degree in in Public Health.  Five years of experience including clinical service in an HIV program or clinical fellowship program (infectious diseases/HIV medicine).  Experience in quality management/quality improvement.  Knowledge of the HIV health care delivery system in New York State. Experience in/knowledge of the New York State Ending the Epidemic initiative.  Experience in STD prevention and care, drug user health, and/or LGBT health.  Experience in health policy development, analysis and evaluation.  Experience with evolving health information technologies.  Experience in health program management and administration.
Responsibilities: The Medical Director, AIDS Institute, plays a significant role in shaping HIV, hepatitis C, and STD care and services, drug user health, and LGBT health care throughout New York State.Please click the link below for more information pertaining to this position and to apply: “https://careers-healthresearch.icims.com/jobs/3742/medical-director—aids-institute/job” Affirmative Action/Equal Opportunity Employer/Qualified Individuals with Disabilities/Qualified Protected Veterans

Multiple Physician Positions with DOHMH Office of School Health
Office of School Health is the largest program of the New York City Department of Health and Mental Hygiene (DOHMH). This bureau is responsible for managing the health issues and promoting the well-being of the over 1.3 million children and adolescents enrolled in New York City’s 1700 school buildings.

Positions with the Office of School Health (OSH) combine clinical skills and public health training.

Adolescent School Health Physician
This position offers to the interested physician the opportunity to help address the clinical and public health needs of adolescents in NYC high schools. The physician will work with the innovative Connecting Adolescents to Comprehensive Health Care (CATCH) Program, which provides select reproductive health services to adolescents in select NYC high schools. In addition, the physician will provide medical care and public health services through additional programs offered to adolescents by the Office of School Health.

Under the supervision of the High School Supervising Physician, the Adolescent School Health Physician’s responsibilities will include but are not limited to:

  • Provide CATCH reproductive health services in select high schools.
  • Perform mandated physical examinations (New Admission Exams, Sports Physicals, and Working Paper Physicals).
  • Function as a liaison for students with community health providers to resolve medical issues that affect school performance.
  • Support the development and implementation of initiatives that promote positive health behaviors and reduce high risk behaviors in the adolescent population.
  • Serve as a consultant to the school nurse and administration on school related health concerns.
  • Provide clinical assistance in the event of an environmental or communicable disease occurrence.
  • Function as a liaison for students with community health providers to resolve medical issues that affect school performance.
  • Support all medical initiatives established by the Office of School Health, e.g. programs and protocols in asthma, reproductive health, obesity and diabetes.
  • Maintain good public relations and communicate effectively within the school community and community-based organizations.
  • Keep abreast of health management policy statements and emerging clinical research related to school health.
  • Participate in OSH research activities.
  • Work within the mandates, policies and protocols of the Office of School Health.
  • Attend all mandated DOHMH and OSH trainings.

To Apply: Please email your resume and cover letter to Dr. Caroline Volel: osh@health.nyc.gov OR  Apply online at https://a127-jobs.nyc.gov/.  In the Job ID search bar, enter: job ID number # 277208. 

School Health Field Physician
Under the direction of the Supervising Physician, the School Health Physician’s will:

  • Improve the health of school children through case management of chronic disease, preventive health screening and counseling, health education, and referrals.
  • Perform mandated physical examination (new entrant, sport physical, working paper physicals.
  • Develop relationships with community health providers in order to optimize medical management of students with health issues.
  • Attend to the health needs of your assigned school community.
  • Utilize the Automated Student Health Record (ASHR) to maintain adequate student health records.
  • Serve as a consultant to the school nurse and administration on school related health concerns.
  • Support the development of school educational and prevention programs promoting the health and wellness of all students.
  • Provide clinical assistance in the event of an environmental or communicable disease occurrence.
  • Develop and maintain professional relationships within the school community.
  • Support all medical initiatives put forth by the Office of School Health, e.g. Asthma, Reproductive health, Obesity and Diabetes initiatives.
  • Provide trainings/presentations to school staff, community organizations, or parents.
  • Stay abreast of health management policy statements and emerging research within the health community related to school health.
  • Participate in School Health research and quality improvement activities.
  • Participate in all mandated DOHMH and Office of School Health trainings and professional development sessions.
  • Attend all program meetings and Continuing Medical Education classes provided by the Office of School Health.

To Apply: Please email your resume and cover letter to Dr. Caroline Volel:osh@health.nyc.gov OR Apply online at https://a127-jobs.nyc.gov/.  In the Job ID search bar, enter: job ID number # 279844. 

Supervising School Health Physician 
Job Description
Under the supervision of the Deputy Medical Director, the Supervising Medical Doctor’s responsibilities will include but not be limited to:

  • Supervise School Health Physicians.
  • Work within the mandates, policies and protocols of the Office of School Health (OSH).
  • Attend to the health needs of a designated school community.
  • Utilize the Automated Student Health Record (ASHR) to maintain accurate student health records.
  • Serve as a consultant to the school nurse and school administrative staff regarding school related health concerns.
  • Support the development of school educational and prevention programs promoting the health and wellness of students.
  • Participate in policy development and revisions as indicated.
  • Provide clinical assistance in the event of an environmental or communicable disease occurrence.
  • Function as a liaison for students with community health providers to resolve health issues that affect school functioning.
  • Develop and maintain professional relationships within the school community and the community at large.
  • Support all medical initiatives put forth by the Office of School Health, e.g. Asthma, Reproductive health, Obesity and Diabetes Initiatives.
  • Keep abreast of health management policy statements and emerging research within the health community affecting school health.
  • Assist with or provide trainings/presentations to school health physicians, nurses, school staff, community organizations or parents
  • Participate in School Health research and quality improvement activities
  • Participate in all mandated DOHMH and Office of School Health trainings and professional development sessions
  • Attend all program meetings and Continuing Medical Education classes provided by the Office of School Health.


To Apply: Please email your resume and cover letter to Dr. Caroline Volel: osh@health.nyc.gov  OR  Apply online at https://a127-jobs.nyc.gov/.  In the Job ID search bar, enter: job ID number # 277026


CALL FOR RATES & INFO. CHRISTINA SOUTHARD: 516-488-6100 ext. 355