NYSAFP ADVOCACY COMMISSION MINUTES
March 1, 2008
Albany, NY
Meeting called to order by Chair, Philip Kaplan, MD at 10am
PRESENT: Philip Kaplan, MD, Norman Loomis, MD, Leon Zoghlin, MD, Kirk Scirto, MD, Heidi Zinkand, MD, Richard Pretorius, MD, Marc Price, DO and Marcy Wamp, Weingarten, Reid & McNally (WRM)
(Bold print indicates action items for Board)
Minutes from the previous meeting approved without changes.
Albany Update: Marcy Wamp provided an update on the budget summarizing the key proposals of importance and consistent with the Academy’s priorities related to loan forgiveness, grants to establish practices in underserved areas, increased funding for AHEC and a new reimbursement methodology based on service intensity weights. Also, Marcy updated members on what is planned for the Academy’s lobby day on Monday when members will be meeting with key officials and their own legislators to discuss the Academy’s top budgetary and legislative priorities.
Old Business:
- Consumer Directed Screenings: Marcy discussed the findings of WRM’s research into where DOH regulates consumer screenings including health fairs and screenings using imaging and ultrasound. DOH strongly regulates health fairs and screenings using ionizing agents but has less oversight over screenings with ultrasound. Dr. Zoghlin will draft a newsletter article/ questionnaire soliciting member examples where this is a problem. For member interest, the website for the common ultrasound screener is www.lifelinescreening.com.
- Vaccine Registry: Dr. Kaplan summarized all of our activities over the summer and fall with the DOH as part of a stakeholders group and then outlined a letter that he has drafted for the Health Chairs of the Senate and Assembly explaining the Academy’s main concerns and to urge that the law implementation date be extended one year to be effective January 2009. The Commission blessed the letter and also Dr. Kaplan said that he would like to draft a resolution for the COD related to issues with the CDC with vaccine data and a second related to VFC.
- Partner-delivered therapy for Chlamydia legislation: The Commission discussed the legislation and MSSNY’s letter of concern on the bill related to liability issues. The Commission resolved that we should ask the NYC DOH through Dr. Rosenberg and members should approach their county health departments (Monroe, Erie, Onondaga etc.) to ask them to approach the State DOH and Commissioner Daines to request their support for this.
- 2008 Lobby Day: Marcy discussed what members will be discussing and with whom on lobby day and referenced the packets that each member attending will get today to review before Monday.
New Business:
- The group discussed the bills in the chart below and proposed Academy positions (bolded in the chart below)
- FM Stroke Center Certification: The group resolved to support the Academy and Vito’s email to include FM board certification to waive CME similar to EM, IM, Neurology and Neurosurgery. The group agreed that FPs should have the same training as other specialties if the omission is not just an oversight so that requirements are the same for all.
- DOH Ombudsman: The Commission resolved to support the idea and expand it as an ombudsman for the physician community at large. It will be added that having such an ombudsman is also useful in recruiting physicians to come to NYS. Also, there was a discussion on current state auditing practices in Medicaid going after physicians for alleged fraud/ errors which are actually oversights/ mistakes or the audits were incorrect. A volunteer will draft an issue statement on this for the Academy.
- Name Badge Regulation: The Commission discussed the proposed regulation as it relates to current regents and professional misconduct rules. The following was resolved: WRM will check with NYSNA to see if this is on their radar screen and we will advocate for mechanisms to identify physicians, and other care givers by the use of name tags or other identifying methods through outreach to SED.
- PHRMA PDL email related to Anti-depressants: The Commission resolved to not take a position on this issue.
- Physician Ranking: The Commission discussed the Attorney General and State’s efforts to create a Dr. Ranking Model Code. The Commission resolved to oppose the concept of ranking but will work to have a seat at the table in the discussions to raise the issues and concerns with ranking programs. We will request a copy of the AGs Model Code.
LEGISLATION FOR DISCUSSION- CHART
BILL / COMPANION BILL / SUMMARY / STATUS / POSITIONA.8730, Schimel / S6210, Hannon / Allow Partner-Delivered Therapy for Chlamydia / Assembly Floor, Senate Health /
Support
A.9631, Eddington / No Same As / Requires certain OPMC proceedings to be open to public disclosure and require licensees found to have violated certain professional standards to inform patients of such findings / Assembly Health / Oppose, TrackA.9602, Latimer / No Same As / Calls for Director of OPMC to meet with complainants to discuss materials to be considered in complaints of misconduct / Assembly Health / Monitor
A.3790, Gottfried and A.7899A, Gottfried / No Same As for either bill / Require physicians to report errors to patients and 3 strikes and OPMC begins misconduct proceedings / Assembly Codes /
Oppose both
A.9728, Gianaris / No Same As / Requires NYS DOH to post malpractice awards when more than 5 in last 10 years / Assembly Health / OpposeA.9929, Towns / S.2503, Sampson / Prohibits the charging of a patient fee when office receives at least a cancellation at least an hour before appointment; Requires advance notice of office policy / Assembly Health; Senate Health / Oppose
S2426B, LaValle / A3933B, Canestrari / Allow for collaborative drug therapy management between physician or NP and pharmacist / Senate Floor/ Assembly Higher Education / Monitor, No Position
A9630, Paulin / No Same As / Permits person who has capacity to consent to do so for the HPV Vaccine, regardless of age / Assembly Health /
Support
S6638, Golden / No Same As / Establishes process for reporting to DOH when physician is transferring ownership or if business will cease to exist. Must provide DOH with plan for transferring of patient records. / Senate Higher Education / Oppose, but research with MSSNY if there is an AMA policy or if there is a current service in place to help physicians. Mark will draft a letter with concerns.3