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July 2006
Note: Questions relating to state legislative activity or any of the items noted in ACS Cross Country may be directed to Mindy Baker, State Affairs Associate, at mbaker@facs.org.
Legislation to Repeal New Jersey's Cosmetic Tax Finally on the Move
In 2004, New Jersey became the first (and only) state to pass a 6 percent tax on cosmetic medical and dental procedures. In 2005, the tax generated only about a quarter of its projected revenue, prompting a reevaluation of the efficacy of this tax. In March of this year, State Assemblyman Joseph Cryan, the original sponsor of the tax, introduced a repeal bill (A-2282/S-1783) saying that the tax was "an untested revenue stream that ultimately hasn’t delivered."
On June 23, the repeal was unanimously released from the Appropriations Committee. It is expected that the bill will be quickly voted on in the Assembly, with the Senate to follow suit. The College is part of a coalition dedicated to stopping the passage of physician taxes and has been working with the New Jersey chapter to advocate for repeal of this tax. For information about the New Jersey bill, please visit the coalition’s Web site at http://www.stopmedicaltaxes.com
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ACS Harnesses Grassroots Advocacy through Role in AMA House of Delegates
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Patricia Turner, MD, ACS
YPS Delegate
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Many people think that legislative and/or regulatory advocacy simply means contacting legislators or other government officials to lobby them about a bill or proposed rule. Advocacy, however, covers a wide range of activities, including participation in medical and surgical organizations involved in the development of health policy/lobbying.
One such body is the American Medical Association’s House of Delegates (HOD). The American College of Surgeons actively participates in the deliberations of the HOD, sending four delegates and an alternate delegate to support surgery’s perspective on numerous issues under consideration during every meeting. At the recently completed Annual Meeting of the HOD, the College authored a resolution dealing with various aspects of medical education, with a specific request for support of the transition from medical student to resident through the development of a prerequisite curriculum that is disease-based and focused on a multidisciplinary style of medical practice. In order to better address the issues raised in this resolution, the HOD referred it for a thorough review within the context of the AMA’s Initiative to Transform Medical Education.
ACS Delegates/Alternates
Richard Reiling, MD, FACS (delegation chair)
Charles Logan, MD, FACS
Amilu Rothhammer, MD, FACS
Thomas Whalen, MD, FACS
Chad Rubin, MD, FACS (alternate)
Patricia Turner, MD (YPS delegate)
Jacob Moalem, MD (RFS delegate)
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Election to leadership positions within the AMA is another important way in which surgeons can participate in the development of grassroots advocacy policies and programs. William Plested, III, MD, FACS, a cardiothoracic surgeon from California, was installed as the 161st President of the AMA. And Patricia Turner, MD, the College’s delegate to the AMA Young Physicians Section (YPS), was elected by the section to be its Alternate Delegate to the AMA House of Delegates.
For further information on ACS participation in AMA House of Delegates activities, contact jsutton@facs.org.
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Cursive Prescriptions Banned in Washington State
A little-known patient safety provision in Washington State’s recently enacted compromise medical liability reform bill went into effect on June 7. Regarding legibility of prescriptions, the new law bans hand-written (in cursive writing) prescriptions, and defines a legible prescription as one that is electronically generated, typed, or printed by hand. At this time, it is unclear how enforcement will be carried out. Pharmacists may reject prescriptions in cursive writing whether legible or not, but it is not expected that many will do so.
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Georgia Surgeon Receives ACS Ellenberger Award
At the College’s annual Chapter Leadership Conference held last month, over 150 chapter leaders and young surgeons met to discuss federal and state advocacy strategies and visit with their congressional representatives. One important part of this meeting included the presentation of the Ellenberger Award for Excellence in State Advocacy. First presented in 2003 to, and named in honor of, Arthur Ellenberger, long-standing New Jersey Chapter Executive Director and state grassroots advocacy expert, the award recognizes a career of outstanding leadership and distinguished service and commitment to protecting patients’ access to high-quality surgical care.
This year’s recipient is Thomas R. Gadacz, MD, FACS. A General Surgeon from Georgia, he has served in every surgical leadership position in the state including chapter president, and is currently the ACS Governor from the state. However his most recent service to surgeons in Georgia has been his leadership in fighting Georgia’s CON regulation that classifies General Surgeons as NON- specialists. As noted in his nomination letter, William Weaver, MD, FACS, president of the Chapter, had this to say about Dr. Gadacz: “He has almost single handedly waged the fight for all surgeons in the state of Georgia. His testimony before the Georgia legislature and CON commission should be required reading for any surgeon who has ever questioned the ‘uniqueness of the specialty’.”
Dr. Gadacz’ testimony may be viewed at http://www.facs.org/ahp/testimony/state.html.
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2006 Legislative Wrap-Up
As the summer heats up, most state legislatures are winding down. All but a handful of state legislatures have adjourned their legislative sessions for the year, and for most state legislators the focus is now on elections in the fall. During election years, state legislatures are generally hesitant to pass any truly controversial legislation – and 2006 turned out to be a fairly quiet year as a result.
The state affairs staff at the College currently has over 200 bills in 40 states on their tracking list. (Six state legislatures, AR, MT, ND, NV, OR and TX were not in session during 2006.) The ACS Health Policy Steering Committee directed the state affairs staff to focus on five broad areas this year:
This is not an exclusive list, however, and 27 percent of the bills that ACS is tracking do not fall into one of the five broad categories. Some of these bills include issues relating to bariatric surgery, insurance coverage, patient safety, and more.
Highlights in 2006 include passage of legislation to create a statewide trauma system in Indiana and reinstatement of caps on noneconomic damages in Wisconsin. Three states even introduced legislation to require attorneys to carry malpractice insurance. Surgeons interested in finding out what ACS is tracking in their respective states should contact Mindy Baker, State Affairs Associate in Chicago, at 312-202-5363 or via e-mail at mbaker@facs.org.
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Past Issues of ACS Cross Country:
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ACS State Affairs
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Division of Advocacy and Health Policy
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Jon H. Sutton
Manager, State Affairs
Chicago Headquarters
312-202-5358
jsutton@facs.org |
Mindy Baker
State Affairs Associate
Chicago Headquarters
312-202-5363
mbaker@facs.org |
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Revised June 29, 2006
Advocacy and Health Policy
This page and all contents are Copyright © 2003-2006
by the American College of Surgeons, Chicago, IL 60611-3211
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