MSSNY eNews: May 13, 2022

Message from MSSNY President Dr Joseph Sellers:
Looking Forward to Our In-Person HOD Meeting Next Week

Colleagues:
Next week’s House of Delegates meeting—our first in-person meeting since the beginning of the pandemic—will mark the end of my term as MSSNY President. I have thoroughly enjoyed my term and am proud of the work that we have collectively done to improve the lives of both our members and the patients in our care.

I attended my first HOD in 1990 as the delegate chosen to represent the newly formed young physician section. I quickly learned that this gathering of physicians and medical students from across the state and from the full breadth of medical specialties offers us an opportunity to develop the policies and priorities that will shape our medical society for the coming year. Our profession and our patients will once again benefit from the hard work of our dedicated delegates as we meet in Westchester next Saturday.

I am delighted to be turning over the president’s gavel and medallion next week to Dr. Parag Mehta. Dr. Mehta brings wisdom, experience, and energy to the presidency. I pledge to him my support for the coming year in any way that he needs.

In addition to Dr. Mehta, our Officers, our Counselors, and our Trustees are all ready and able to carry forward the work of MSSNY as directed by the delegates at our annual meeting. We have much to accomplish but have the team in place to achieve our goals.

One of the privileges of being MSSNY president has been the ability to work with our outstanding EVP, Troy Oechsner, our division leaders and our staff. Their enthusiasm and knowledge are unmatched among professional organizations in our state. The success of MSSNY in supporting our physicians and our patients is a result of having these dedicated allies.

In closing, I wish to extend special thanks to Julie Vecchione, MSSNY’s Vice President of Communications, who has helped me express my thoughts in the eNews introduction each Friday this past year. I hope that our readers have found our words informative.

Joseph Sellers, MD, FAAP, FACP
MSSNY President


MSSNY Members Invited to Participate in “Stories from Physicians on the Front Line”
MSSNY members are invited to participate in an initiative by The Physicians Foundation: America’s Health: Stories from Physicians on The Frontline. America’s Health is a platform that allows physicians to share personal stories on the front lines of medicine in the form of short videos. The goal for this initiative is to help inspire other physicians to share their experiences and create an open dialogue within the physician community.

Any physicians are welcome to share their experiences and/or perspectives on issues that are facing physicians, such as reducing health disparities, improving physician wellbeing, the future of the practice post COVID-19 and more!

If you’re interested in participating, share a video to be featured as part of the America’s Health initiative. While we try to keep the videos to approximately 90 seconds long, please film as much or as little as you like. The Physicians Foundation can edit the content into snippets for multiple uses, if applicable.

This document outlines best practices for filming your video, with some tips on how to get the best quality video.



Deadline Extended to Complete Provider Relief Fund Late Reporting for Period 2 – May 18, 2022
The deadline for providers to request to submit a late Provider Relief Fund (PRF) Reporting Period 2 (RP2) has been extended to May 18th at 11:59 pm ET.

Physicians who received more than $10,000 in provider relief funds and did not submit their Period 2 report must act immediately by submitting a late Reporting Period 2 report request by Wednesday, May 18, 2022 at 11:59 pm ET. Provider Relief Fund (PRF) Period 2 spanned from July 1, 2020, thru December 31, 2020, and included physicians who see patients with Medicaid and CHIP coverage. Attached is an overview of the information needed to request to report late. If a provider did not submit a Period 2 report and does not hear from HRSA, click here to learn more about the late reporting request form or call (866) 569-3522.

When completing the late reporting request, a provider must choose an extenuating circumstance(s) that prevented compliance with the original reporting deadline. HRSA has released the following as allowable extenuating circumstances:

  • Severe illness or death– a severe medical condition or death of a provider or key staff member responsible for reporting hindered the organization’s ability to complete the report during the Reporting Period.
  • Impacted by natural disaster – a natural disaster occurred during or in close proximity of the end of the Reporting Period damaging the organization’s records or information technology.
  • Lack of receipt of reporting communications – an incorrect email or mailing address on file with HRSA prevented the organization from receiving instructions prior to the Reporting Period deadline.
  • Failure to click “submit”– the organization registered and prepared a report in the PRF Reporting Portal but failed to take the final step to click “submit” prior to deadline.
  • Internal miscommunication or error – Internal miscommunication or error regarding the individual who was authorized and expected to submit the report on behalf of the organization and/or the registered point of contact in the PRF Reporting Portal.
  • Incomplete Targeted Distribution payments – the organization’s parent entity completed all General Distribution payments, but a Targeted Distribution(s) was not reported on by the subsidiary.

While attesting to an extenuating circumstance is required, no supporting document or proof is required. More information and a step-by-step guide from the AMA are available here.

If HRSA approves the extenuated circumstances form, the provider will receive a notification to proceed with completing the Reporting Period 2 report shortly thereafter. The AMA will continue to advocate for greater flexibility and more information to ensure physician practices have an adequate opportunity to come into compliance. 


Podcast: Upcoming CME Opportunities for Physicians on May 20th and How You Can Help to Defeat Numerous Adverse Bills in Albany
Listen to MSSNY’s May 13th podcast as Senior Vice-President & Chief Legislative Counsel Moe Auster discusses Upcoming CME Opportunities for Physicians on May 20th and How You Can Help to Defeat Numerous Adverse Bills in Albany.



MSSNY Continuing Push for Passage of Copay Accumulator Legislation by End of Legislative Session
MSSNY continues to work with several patient and physician advocacy groups to push for passage of legislation (A.1741, Gottfried/S.5299, Rivera) that would prohibit health insurers from preventing patients from using copay cards or coupons to help meet their insurer-imposed deductibles. Read our joint press release here.

These coupons are tremendously important for helping patients, particularly those on long term medication therapies, meet their out-of-pocket health care costs.  Please take a minute to visit our Grassroots Action Center (GAC) to take action and let your legislators know you support for this important patient-protection legislation.

The bill is on the floor of both Houses awaiting a vote.  Last week, MSSNY President Dr. Joseph Sellers, MD, joined the bill sponsors and various patient advocacy groups urging action on this legislation before session ends on June 2nd.


Urge Your Legislators to Reject Untenable Measure to Drive Up Physician Liability Premiums by Over 40%
Physicians are urged to contact their legislators to request that they reject legislation (S.74-A/A.6770) that is strongly opposed by MSSNY, hospital associations, and numerous other groups. This legislation would create untenable increases in New York’s already excessive medical liability costs by greatly expanding the types of damages awardable in all wrongful death actions, including lawsuits against physicians. Please visit our Grassroots Action Center (GAC) to take action and let your legislators know oppose this legislation. A letter and/or tweet can be sent from here: Don’t Chase Physicians out of NY! (p2a.co).

The bill has advanced to the Assembly floor and to the Senate Finance Committee.

One recent actuarial estimate indicated that passage of this legislation could require a liability premium increase of over 40%, which translates to tens of thousands of dollars in new costs for physicians, many of whom already pay tens or hundreds of thousands of dollars per year in their insurance costs. This could make it impossible for many physicians to stay in practice in New York.  Under ordinary circumstances, these kinds of increases would be unsustainable and could have huge negative consequences on patient access to care at community hospitals and physician offices.  However, with so many physician practices only beginning to recover from the huge drop in patient visits and revenue during the pandemic, legislation to impose such premium increases would be unconscionable.  It could prompt significant disruptions in patient access to care.

While some advocates have claimed that New York’s existing wrongful death law is an outlier compared to other states, what they do not mention is that most of these other states also have comprehensive provisions to contain excessive medical liability insurance costs, including limits on damages.  New York has no such law, which is why our medical liability insurance and payout costs far exceed every other state in the country, making New York regularly ranked as one of the worst states in the country to be a physician. Best & Worst States for Doctors (wallethub.com)

Please let your legislators know that comprehensive legislation is needed to bring down New York’s excessively high medical liability premiums, which far exceed every other state in the country, instead of stand-alone bills that would drive up these costs.


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Numerous Physician Mandate Bills Under Consideration in the Final Weeks of Session
As we head into the final 3 weeks of the legislative session, physicians are urged to contact their legislators (Oppose Mandates on Physicians (p2a.co)) to request that they reject the numerous bills under active consideration in the Senate and Assembly that would impose requirements on physicians (and other providers) delivering care to their patients.

MSSNY has been working together with numerous affected specialty societies (Letter) to highlight their collective concerns that, while each of these proposals may have good intentions, in totality they are creating significant new documentation requirements that place the physician’s licensure in jeopardy if there is an instance where they fail to document that they completed a task.  This could have a significant impact on decisions made by physicians, including whether or not to practice in New York. Some of these bills include:

  • 213/A.1615 – Requires physicians to obtain the school attended by their pediatric patients.
  • 2103-B/A.5841-B – Requires physicians to obtain a detailed patient/family member consent for a nursing home resident prior to the receipt of a psychotropic medication, or detailed documentation of the need to provide such medication without consent.
  • 2521-C/A.3470-C – Requires employed health care providers to disclose if their employer health system is charging a facility fee.
  • 2736/A.217 – Requires physicians and other maternal care providers to provide information to pregnant patients regarding the risks of a caesarean section to patients scheduled to have a C-section.
  • 4640/A.273 – Requires physicians and other care providers to document that they considered and discussed numerous alternatives to opioid treatment prior to writing an opioid prescription for a patient.
  • 6287-B/A.7560-A – Requires OB-GYNs to provide information to their pregnant patients regarding the risks of cytomegalovirus (CMV).
  • 7865/A.5976-A – Requires physicians and other maternal care providers providing pre- and post-natal care or pediatric care to invite the mother to fill out a questionnaire to detect maternal depression.
  • 8455/A.9380 – Requires physicians and other maternal care providers to provide information to patients about the potential consequences of an episiotomy.

Please remain alert for further updates on these issues.


Bills Under Consideration to Protect Physicians Providing Legal Reproductive Services
With uncertainty regarding the legality of providing reproductive health care services in several states across the country, the New York State Legislature is advancing legislation that would protect physicians and other healthcare providers that provide these health services. S.9709/A. 9687, sponsored by Senator Anna Kaplan and Assemblywoman Linda Rosenthal, would prohibit disciplinary actions against licensed medical professions for providing abortion and reproductive health services for patients who reside in states where those services are illegal.  This measure is currently in the Higher Education committee in both houses.  S.9080/A. 9718, sponsored by Senator Michele Hinchey and Assemblywoman Linda Rosenthal, would prohibit medical malpractice insurance companies from taking any adverse action against a health care provider who provides reproductive health care.  This measure is in the Insurance Committee in both Houses.   MSSNY is supportive of both these concepts and is in regular communication with many legislators about these, and other measures, to protect access to reproductive healthcare.

Earlier this week, MSSNY President Dr. Joseph Sellers, MD, issued a statement on MSSNY supporting reproductive health care for all individuals:

“The Medical Society of the State of New York (MSSNY) recognizes the fact of legalized abortion and supports the right of all women to safe and legal abortion and direct access to obstetric and gynecologic services. MSSNY believes that reproductive choice, as any medical decision, is one of an informed consent between the patient and his/her physician. Abortion is a medical procedure and should be performed only by a duly licensed physician in conformance with standards of good medical practice.  MSSNY opposes legislative proposals that use federal or state health care funding mechanisms to deny established and accepted medical care to any segment of the population and opposes any legislation that criminalizes the exercise of clinical judgment in the delivery of medical care.”


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MSSNY Urging Assembly Insurance Committee to Take Action on Important Legislation to Curb Use Prior Authorization by Insurance Companies
Physicians continue to urge key members of the Assembly to take action on two critically important prior authorization reform bills before the end of the 2022 legislative session.  Please take a minute to visit MSSNY’s Grassroots Action Center (GAC) to take action and urge your state Senator and Assembly member to support passage of both bills.

Both bills have advanced to the Senate floor but remain stuck in the Assembly Insurance Committee.

The first bill, A.9908-A, McDonald/S.8299 Breslin, establishes a “Gold Card” program in which insurers exempt physicians, and other care providers, from Prior Authorization (PA) requirements if they receive at least 90% approval for PAs for specific health care treatments. The legislation is similar to a law enacted last year in Texas, which was designed to prevent unnecessary roadblocks to patient care and reward the following of evidence-based treatment guidelines.

The second bill, A.7129-A, Gottfried/S.6435-A, Breslin, also addresses the crushing burden of the prior authorization process by requiring health plan utilization review criteria be evidence-based and peer reviewed, reducing the insurer timeframe for reviewing prior authorization requests, and limiting when an insurer can withdraw or repeat a previously granted prior authorization. The standards within this bill are based on recommendations made by several respected health care advocacy organizations to improve patient care.

Excessive Prior Authorization hassles continue to be a major impediment to patient care.  The American Medical Association (AMA) recently released an updated survey which showed that more than 9 in 10 physicians (93%) reported care delays while waiting for health insurers to authorize necessary care, and 82% said patients abandon treatment due to authorization struggles with health insurers. Moreover, more than half (51%) of physicians reported that prior authorization had interfered with a patient’s job responsibilities, and more than one-third (34%) of physicians reported that prior authorization led to a serious adverse event such as hospitalization, disability, or even death, for a patient in their care.


Legislature Passes Bill to Limit Liens/Garnishments for Medical Debt Judgments
Both the New York State Senate and Assembly have passed legislation (S.6522-A/A.7363-A) that would prohibit a hospital or health care provider from placing a lien against a person’s primary residence in an action arising from medical debt judgments, as well as prohibiting wage garnishment for medical debt judgments.  It was reported in Crains Health Pulse this week that an analysis from the Community Service Society of NY stated that, between 2015 and 2019, 139 hospitals across the state filed nearly 31,000 lawsuits against patients for outstanding payments owed to the hospital.  The bill has not yet been delivered to the Governor for her consideration.


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NYS Department of Financial Services Issues New Guidance for Pharmacy Benefit Managers
The NYS Department of Financial Services (DFS) recently issued guidance for Pharmacy Benefit Managers (PBMs). The purpose of this guidance is to provide information regarding the implementation of legislation enacted last year, supported by MSSNY, which requires PBMs to register with the NYS DFS and file annual reports. Governor Hochul also issued a press release noting that, with the passage of the enacted 2023 State Budget, there was a $5 million appropriation for DFS to fund and staff a new Pharmacy Benefits Bureau.

According to the new guidance, the deadline for PBMs to obtain registration with DFS is June 1, 2022. As long as the PBM submits an application on or before this date, including payment of the registration application fee, the PBM will hold a temporary registration valid from June 1, 2022, and expiring seven days after the NYS DFS Pharmacy Benefits Bureau makes a determination on the application.

Every PBM operating in the state is required to file a registration application with NYS DFS. Under Insurance Law §§ 2902-2904, a PBM is defined as “any entity that performs pharmacy benefit management services for a health plan.” Since the law only applies to entities acting “for a health plan,” registration requirements do not apply to individual employees of a PBM or employees of a health plan which perform PBM services for that health plan.

The PBM regulation defines their services as “the management or administration of prescription drug benefits for a health plan, directly or through another entity.” For a full list of functions which constitute PBM services, click here.  They include claims processing or payment of claims to pharmacies for dispensing prescription drugs; clinical or other formulary or preferred drug list development or management; and drug utilization review or prior authorization for drug benefits.

MSSNY will continue to monitor the implementation of this important new law with the goal of ensuring that patients are protected from arbitrary and cumbersome limitations on access to necessary prescription medications that are recommended by their physicians.


Virtual CME at MSSNY 2022 House of Delegates-Registration Now Open
MSSNY is offering four CME webinars during the 2022 House of Delegates on Friday May 20th from 7:30am-12:00pm.  View the flyer for these programs here.

7:30-8:30am
Medical Matters: What’s Your Diagnosis? Infectious Diseases
Faculty: William Valenti, MD
Educational Objectives:

  • Identify the modes of transmission of infectious agents.
  • Discuss presumptive treatment of infectious diseases in advance of diagnostic testing results.
  • Describe two scenarios and review questions and answers.
    (This program is supported in whole by a DHHS grant entitled New York State Hospital Preparedness Program)

8:40-9:40am
Women in Medicine 2022: Up the Down Staircase
Faculty: Carol Ann Bernstein, MD
Educational Objectives:

  • Identify significant stressors contributing to burnout as they specifically impact women physicians in the era of Covid.
  • Increase knowledge of potential strategies that can be used to support women physicians, especially when working in dynamically changing and stressful clinical environments.
  • Identify potential systemic solutions, as well as practical techniques, that promote growth and resilience in women physicians.

9:50 – 10:50am
The Health of Sexual and Gender Minorities
Faculty: Carl Streed, MD, MPH, FACP
Educational Objectives:

  • Identify disparities in health care access among SGM persons.
  • Identify disparities in health care outcomes among SGM persons.
  • Examine minority stress as a contributor to health disparities.
  • Identify opportunities to meet the health care needs of SGM persons.

11:00am-12:00pm
Veterans Matters: COVID-19 and its Impact on Veterans
Faculty: Frank Dowling, MD
Educational Objectives:

  • Identify the wide ranging medical and mental health impact of COVID on veterans.
  • Discuss of veterans who have experienced COVID related post-traumatic stress
  • Recognize the role of physicians in assessing the impact of the pandemic in veteran patients.
    (This program is supported in whole by a grant from the New York State Office of Mental Health.)

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 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.


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Mental Health Awareness Month: Peer to Peer (P2P) Program
Stress and burnout among physicians have been well documented for years. The COVID-19 pandemic is exacerbating the public health problem of physician burnout in New York state. Throughout the pandemic, physicians and other health professionals have faced concerns about safety, overworking, and feelings of loss. Without an intervention, it is possible that a high number of physicians over the next few years may develop chronic stress reactions, anger, clinical depression, substance abuse, post-traumatic stress disorder, and suicidality.

Mental Health Awareness Month is a great reminder to prioritize an environment of support and wellness within your organization. Reviewing EAP policies to minimize barriers to care-seeking, identifying risk factors and warning signs for suicide, and forming a crisis response team and plan of action before a suicide occurs are just a few of the steps your practice can take to help prevent physician suicide and improve professional well-being.

MSSNY has established a confidential helpline phone number (1-844-P2P-PEER) and an email address (p2p@mssny.org) so that physicians may be connected with a peer 24 hours a day/7 days a week. In addition to offering a trained, empathetic ear, peer supporters may provide information on specific resources that can offer further support, provide positive coping skills, or connect physicians to professionals for more focused assistance when needed. MSSNY has nearly 50 trained peer supporters across NYS who are just a phone call away!

If someone you know is struggling with life stressors, reach out to the P2P program to connect them to a peer supporter!

Email: P2P@mssny.org and request that you be connected with a peer supporter

Phone: 1-844-P2P-PEER (1-844-727-7337) and request that you be connected with a peer supporter


Classified Ads Available for:

Physicians’ search services • allied medical placements • locum tenens • practice valuation • practice brokerage • practice consulting • real estate

For help, information or to place your ad, call Roseann Raia at 516-488-6100
ext. 302

For the MSSNY 2022 Ad RateSheet, please click here.


Medical Office Suite for Rent (Downtown, New York City) – Ready to Move In!
On Canal Street, NYC : near Mulberry and Mott Street. Busy area near Subways. In a professional 7day/week concierge building . Office Suite 1002+ sq ft, beautiful & bright w/ five office consult-exam rooms, Spacious waiting and receptionist area, utility room & private restroom. MUST SEE! Please Call for showing at: 917-378-2699 or email: cnyc2828@gmail.com. Ask for Sammie.



Rendr – Transforming Healthcare – Leadership Opportunity: Associate Chief Medical Office, SVP of Population Health, Bilingual English and Chinese (Mandarin or Cantonese) preferred Job Position: Associate Chief Medical Office, SVP of Population Health in this role, you will lead and provide a wide range of support through population health, quality measures, practice transformation, Rendr360 department, House Calls, and other projects. Please send resumes careers@rendrcare.com. We are offering leadership opportunities to Physicians who are interested in providing high-quality clinical care to our patients in the diverse communities that we serve. As a rapidly growing network, we provide a supportive environment for our physicians to practice medicineunder the guidance of dedicated medical leadership. www.rendrcare.com.


Board Certified Cardiologist Position
Exceptional private practice cardiology employment opportunity. Manhattan Cardiology is a state-of-the-art cardiology practice located in the heart of Midtown Manhattan. The position is 100% outpatient cardiology with minimal call and excellent compensation structure and benefits. The practice is looking to add an enthusiastic and hardworking cardiologist to join our team.

Board certification is preferred in general cardiology, echocardiography, and ideally RPVI.

Job Type: Full Time with a very competitive salary and excellent benefits awaits the qualified candidate.

Please send resumes to nikkoh@manhattancardiology.com.


Board Certified Internal or Family Medicine Physician
Be a part of our care team and join our mission to provide the highest standard of healthcare to each one of our patients. Medical Offices of Manhattan is looking for a full time enthusiastic, hard-working and responsible Board-Certified Internal or Family Medicine Physician.

Responsibilities include caring for, diagnosing and managing patients. Board certification is a must. The position is 100% outpatient with minimal call and an excellent salary with benefits.

Please send resumes to nikko@momnyc.com.


Physician Assistant/Nurse Practitioner
A growing multispecialty practice in Manhattan, Medical Offices of Manhattan and Manhattan Cardiology is seeking for an enthusiastic, hardworking Board Certified Physician Assistant or Nurse Practitioner.

Responsibilities include caring for, diagnosing, and managing patients in both the primary care and cardiology setting. The Physician Assistant or Nurse Practitioner will collaborate with the team in diagnosing and creating plans for each patient.

The position is 100% outpatient with minimal call and excellent salary with benefits.

Please send resumes to nikkoh@manhattancardiology.com.


GI Physician Assistant/Nurse Practitioner
Medical Offices of Manhattan, a multi-specialty medical office is seeking for immediate hiring for an experienced and hardworking GI Physician Assistant.

Responsibilities includes managing Adult Gastroenterology patients with varying disease processes, including but not limited to GERD, IBD, bowel pattern changes, abdominal pain, and diseases related to the liver, pancreas, GI tract, and gallbladder; develops, implements, and manages therapeutic treatment regimens in collaboration with the Gastroenterologists and must possess excellent communication skills, with a focus on a team approach to patient-centered care

The position is 100% outpatient with minimal call and excellent salary with benefits.

Please send resumes to nikko@momnyc.com


Psychiatric Nurse Practitioner
Medical Offices of Manhattan, a multi-specialty medical office is seeking our newest team member, a Psychiatric Mental Health Nurse Practitioner to join our fast-growing team of mental health professionals.

Responsibilities includes managing both complex psychiatric and common medical problems, assess and diagnose illness states and initiate psychotropic medication (as needed) and other therapeutic interventions and collaborate with the team in diagnosing and creating plans for each patient.

The position is 100% outpatient with minimal call and excellent salary with benefits.

Please send resumes to nikko@momnyc.com


In Network Registered Dietician
A growing multispecialty practice in Manhattan, Medical Offices of Manhattan is seeking an In Network Registered Dietician to join our care team for immediate need.

Responsibilities includes but not limited to conducting nutritional assessment, developing and implementing patient specific care plans and recommending nutrition care plans to patients as well as recommending therapeutic diet modifications and /or supplemental feedings to patients. Must have a degree in Nutrition or Dietetics, should be RD license, Registration by the Commission on Registration (CDR) as a Registered Dietitian (RD) in New York State plus specialized certifications as needed.

The position is 100% outpatient with excellent salary with benefits.

Please send resumes to nikko@momnyc.com