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ACS Cross Country: ACS Monthly State Affairs Newsletter

September 2007

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. 

States Adopt Patient Safety Standards for Office-Based Surgery

New York Gov. Eliot Spitzer (D) signed legislation on July 18 that reflects the standards for in-office procedures set forth in the College’s patient safety principles for office-based surgery. (To view these standards, go to http://www.facs.org/fellows_info/statements/st-46.html.) Under the new law, surgeons who perform in-office procedures using moderate sedation, deep sedation, or general anesthesia must have their offices accredited by a nationally recognized agency. Adverse events must be reported to the New York Department of Health Patient Safety Center. Individual reports will be confidential and not subject to discovery. Surgeons have until July 2009 to become fully compliant with these new requirements and are encouraged to get started on the accreditation process sooner rather than later. For more information, go to http://www.health.state.ny.us/.

Meanwhile, on July 27, the South Carolina Board of Medical Examiners expanded the state’s patient safety guidelines for office-based procedures by adopting formal regulations based on the type of anesthesia used. The new requirements focus on the following issues: accreditation from one of the major accrediting organizations; certification in advanced resuscitative techniques; staffing levels and training requirements; emergency transfer agreements with local hospitals or admitting privileges by the surgeon; and various performance improvement and facility standards.  Surgeons wishing to obtain a copy of these regulations should contact state_affairs@facs.org.

 

Class Action Suit Settled with Blue Cross Blue Shield Plans

As part of the ongoing class action suit against the major managed care companies in the United States, more than 90 percent of Blue Cross Blue Shield plans have agreed to a settlement. Not only will plan business practices be improved and reformed as a result of the settlement, but a cash payment of $128 million to class members will be provided.  Claim forms were mailed out to physicians who may be eligible to participate in the proposed settlement, and surgeons who received these forms are encouraged to complete them soon.  All claim forms must be submitted by October 19, 2007. 

Some of the business practice reforms agreed to by the Blues plans include the following:

  • Implement a definition of medical necessity that ensures that patients are entitled to receive medically necessary care as determined by a physician exercising clinically prudent judgment in accordance with generally accepted standards of medical practice.
  • Use clinical guidelines that are based on credible scientific evidence published in peer-reviewed medical literature (taking into account Physician Specialty Society recommendations, the views of physicians practicing in the relevant clinical areas, and other relevant factors) when making medical necessity determinations.
  • Not automatically reduce the intensity coding of evaluation and management codes billed for covered services.
  • Ensure the payment of valid clean claims within 15 days for electronically-submitted claims and 30 days for paper claims.
  • Provide fee schedules to physicians.
  • Provide 90 days notice of changes in practices and policies and annual changes to fee schedules.

More information on the settlement, as well as access to claim forms and instructions, may be found at http://www.hmosettlements.com/pages/bluecross.html.

 

Texas Liability Reforms Continue Positive Effects

In 2003, Texas passed comprehensive medical liability reforms, including caps on noneconomic damages.  Since then, the Texas Medical Liability Trust (TMLT), the state’s largest medical liability insurer, has approved five consecutive years of rate reductions with the most recent being a 6.5 percent reduction for 2008 for all medical specialties and classes.    In addition, TMLT policyholders renewing in 2008 will receive a dividend equal to 22 percent of their expiring premium.  Total cumulative savings to policyholders over this time (since 2003), including rate reductions and dividends, is approximately $275 million.

 

ACS Delegation Invites Fellows to AMA Meet-and-Greet at Clinical Congress

During the upcoming ACS Clinical Congress, the American Medical Association (AMA) will be sponsoring a Meet-and-Greet on Wednesday, October 10, from noon-2 pm in the Versailles Ballroom of the Hilton New Orleans Riverside.  This luncheon will provide a candid forum where AMA members and nonmembers can ask questions, give input, and express their thinking regarding the AMA’s agenda and priorities.  The College’s delegation to the AMA House of Delegates encourages ACS members to take advantage of this opportunity to meet with AMA leadership (and ACS delegates) and discuss issues of importance to surgery.  To RSVP for this event, email msc@ama-assn.org (enter “ACS Meet and Greet” as the subject line) or call 800-262-3211.

 

FREE Practice Management Consultations Available during Clinical Congress

The College’s Division of Advocacy and Health Policy is once again partnering with Economedix to offer free practice management consultations at this year’s Clinical Congress. 

For many years, the College has worked with Tom Loughrey and Rick Ley of Economedix to provide these consults.  Mr. Loughrey and Mr. Ley have expertise in a wide range of practice management issues, and RAS members certainly have many questions about starting a practice, coding, compliance, patient flow, personnel management, financial management, governance, and so on.

If you will be attending the Clinical Congress and would like to take advantage of this free service, 30-minute appointments can be requested on the College’s Web site at: http://www.facs.org/ahp/consultationrequestform.doc.

Appointments are available on Monday, Tuesday, and Wednesday from 9:30 am to 12 noon and from 1:00 to 3:30 pm.  Consults will be held at the Advocacy and Health Policy booth in the ACS Member Information Center in the exhibit hall.

 

"Hands-on" State Advocacy Session to Debut at Clinical Congress

This year’s Clinical Congress will host the first ever session dedicated to State Advocacy Activities--“Capitol Ideas: Legislative Advocacy at Your State Capitol”--on  Monday, October 8, from 3pm-5pm.  This will be a hands-on course about how to advocate at your state capitol.

Speakers will discuss topics such as coalition building and messaging, while participants will be asked to complete exercises.  Eric Munoz, MD, FACS, New Jersey State Representative, will also present “Strategies for Working with State Legislators”.

More details can be found at here.

To Register for the 93rd Annual Clinical Congress, visit: http://www.facs.org/clincon2007/registration/registration.html

 

Past Issues of ACS Cross Country:

ACS State Affairs
Division of Advocacy and Health Policy
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 September 20, 2007

Advocacy and Health Policy

 


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