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eNewsline

January 31, 2011
Vol. 18, No.32
In This Issue
US Congress Continues to Address Health System Reform and Medical Liability Reform
Pre-Existing Condition Insurance Plan Enrollment is Open for DC Residents
With IRS Changes to HSAs and FSAs, Physicians can Expect Increased Patient Requests for Prescriptions
Making the Rounds: Addressing Medical Liability Reform
District News for District Physicians
Highmark Medicare Services
2011 eRx Program Reminder: Avoid the Adjustment
Prepare Your Practice for Meaningful Use
Get Involved
Classified Ads
Upcoming Events

 

athenahealth's "Getting More Money and More Control with an EHR"
February 9, 2011
12:15pm

 
 NHMA 15th Annual Conference
March 17-20, 2011
Omni Shoreham Hotel

 
MSDC and ProAssurance's Doctors Day Celebration
March 30, 2011
5:30pm-8:30pm
MSDC/ProAssurance Offices
1250 23rd Street NW
Suite 250/270
RSVPs are coming soon!

 
Corporate Partners

ProAssurance



JHUCarey

Solveras Payment Solutions

Atlantic Health Partners

MedcomSoft

RCM&D

First Financial Group


Northwestern Mutual Financial

AMA Litigation Center



By30Designs


Johns Hopkins HealthCare

Bank of Georgetown


IC System


Athenahealth

2010-2011 Board of Directors

Stuart F. Seides, MD
At-Large; Chair of the Board

Frederick C. Finelli, MD
President


James C. Cobey, MD

President-Elect

 

Joseph Gutierrez, MD

Treasurer; AMA Delegation Chair

 

Peter E. Lavine, MD

AMA Delegate


J. Desiree Pineda, MD

AMA Alternate-Delegate

 

Laura L. Tosi, MD

AMA Alternate Delegate


Julian R. Craig, MD

At-Large

 

John W. Larsen, MD

At-Large


Joan B. Loveland, MD

At-Large


 Catherine S. May, MD

At-Large


Richard McCarthy, MD
At-Large
 

Daniel Perlin, MD

At-Large

 
Reginald Robinson,MD
At-Large

K. Edward Shanbacker
Executive Vice President

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US Congress Continues to Address Health System Reform and Medical Liability Reform
PPACA Repealed in the House of Representatives
     On Wednesday, January 19th, legislation designed to repeal the Patient Protection and Affordable Care Act of 2010 was passed in the House of Representatives.  The bill, titled, "Repealing the Job-Killing Health Care Law Act of 2011," was passed on a generally partisan vote of 245-189.  The bill will now be sent to the Senate.  MSDC will continue to follow this issue and will provide updates on Senate action as they become available.  

Medical Liability Reform is Addressed in the House Judiciary Committee
     On Thursday, January 20th, Dr. Ardis Hoven, the AMA Board Chair, addressed the House Judiciary Committee on the urgent need for national medical liability reform. 
    "Growing medical liability system costs are a national problem that requires a national solution.  Studies show the litigation system to be an ineffective, and often unfair, mechanism for resolving medical liability claims," stated Dr. Hoven during her testimony. "It is neither fair nor cost effective in compensating injured patients.  It has become an increasingly irrational system driven by time consuming litigation and open-ended non-economic damage awards."
Click here for more information on Dr. Hoven's testimony.
     On Monday, January 24th, Representatives Phil Gingrey, M.D. (R-GA), David Scott (D-GA), and Lamar Smith (R-TX) introduced the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011, which includes reforms intended to repair the broken medical liability system
     During his "State of the Union" speech on Tuesday, January 25th, President Obama acknowledged the need for medical liability reform in today's practice environment.  "I'm willing to look at other ideas to bring down costs, including one that Republicans suggested last year -- medical malpractice reform to rein in frivolous lawsuits," he stated. 
     MSDC will continue to work for passage of the HEALTH Act, and will keep you informed on it's progress.  If you would like to view a copy of the bill, please click here.
Pre-Existing Condition Insurance Plan Enrollment is Open for DC Residents
DC DISB     The District of Columbia Department of Insurance, Securities and Banking (DISB) reiterates the availability of the Pre-Existing Condition Insurance Plan (PCIP) through the US Department of Health and Human Services (DHHS). The program provides affordable health insurance for District residents unable to purchase health coverage in the commercial marketplace because of a pre-existing medical condition.
     PCIP was first announced in September 2010 by the DC Department of Health Care Finance, a co-chair of the District's four-member Health Reform Implementation Committee, along with DISB. The PCIP was established by the federal health reform legislation, the Patient Protection and Affordable Care Act, as a transitional program that provides coverage until the health insurance exchanges are launched in 2014. To qualify for the PCIP, one needs to have a pre-existing condition, has not been insured for at least six months prior, and must be a U.S. citizen or resident alien. The program is administered by GEHA, a health insurance carrier under contract with DHHS.
     District residents can apply for the program, with coverage starting less than a month later. Information on the application process and monthly premium rates for DC can be found at www.pciplan.com.
With IRS Changes to HSAs and FSAs, Physicians can Expect Increased Patient Requests for Prescriptions for OTC drugs
IRS     Under PPACA, the IRS has modified the rules governing the use of certain tax-favored health benefits that patients use for purchasing over-the-counter (OTC) drugs. As of January 1, 2011, patients must submit a prescription written by an authorized health care professional for those items to be eligible for reimbursement from their health benefit account. Debit cards issued with the accounts will no longer be an approved form of payment for these drugs.
     This new restriction is applicable to flexible spending accounts (FSAs), health reimbursement accounts (HRAs) and other similar benefits. A similar restriction applies to health savings accounts (HSAs) and Archer medical savings accounts (MSAs).
     The IRS produced several resources to provide additional information regarding these rules changes.  Physicians are encouraged to be familiar with this change to help answer questions patients may on the subject.  An FAQ section has been created by the IRS, and can be found here.  
     Guidance for physicians in writing these necessary scripts can be found in the IRS Notice 2010-59, which states, ""a 'prescription' means a written or electronic order for a medicine or drug that meets the legal requirements of a prescription ... and that is issued by an individual who is legally authorized to issue a prescription."  A Letter of Medical Necessity will no longer qualify as an approved written recommendation for OTC drugs that are used to treat a medical condition. Additional guidance can be found in IRS Notice 2011-5.
     This change does not affect insulin or prescription-only medications.
     More information about all four (FSAs, HRAs, HSAs, MSAs) of these tax-favored health programs is available in IRS Publication 969.
The information provided in the article linked to above/below was developed by the Wisconsin Medical Society and is provided for informational purposes only. The information provided was current as of the date the article was published, but laws and regulations can change at any time. The article is not intended to constitute legal advice, those seeking legal advice or answers to specific questions should contact a private attorney.

Making the Rounds: Working for You

MSDC Box
Medical Liability Reform is Addressed in MSDC-supported HEALTH Act
     On Monday, January 24th, Representatives Phil Gingrey, M.D. (R-GA), David Scott (D-GA) and Lamar Smith (R-TX) introduced the MSDC-supported Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011.  The legislation will establish a cap on non-economic damages resulting from medical malpractice suits in the District of Columbia.  Currently, there is no cap on these claims in the District, and this type of reform is critical to protecting the practice of medicine in DC.  
     The bill is currently under review in the House Judiciary Committee. For more information on the bill, please click the following:
MSDC Writes to Congress Urging Passage of the Healthcare Truth and Transparency Act of 2011
     The Medical Society of DC has worked with its Federation partners in voicing physicians' support of the Healthcare Truth and Transparency Act of 2011. The bill seeks to increase the education and training information available to patients about their healthcare providers, which includes physicians, nurses, physician assistants and medical technicians. MSDC will continue to provide updates on bill as they become available.
     For more information on the bill, please click the following:
MSDC Submits Comments to the DC Council in Support of the "Athletic Concussion Protection Act of 2011"
     The "Athletic Concussion Protection Act of 2011," introduced by Councilmembers' Catania, Mendelson and Thomas, has received the full support of the Medical Society of DC.  This bill seeks to reduce the damage resulting from repeated exposure to head and brain injuries that occur during organized sports and other recreational athletic activities. Upon receipt of the Medical Society's comments, Councilmember David Catania expressed his gratitude in acknowledging the Medical Society's support. 
     If you would like a copy of the bill, please click the following link:
     There are two other bills under consideration by the Medical Society for comments.  If you would like to view the other bills, please click the following links:
     If you would like to speak with MSDC leadership about any of the above bills, please contact Ed Shanbacker at shanbacker@msdc.org.
District News for District Physicians: Physicians' and Psychiatrists' Survey Responses Needed
District of Columbia Flag
Primary Care Physicians' and Psychiatrists' Survey Responses Needed
     The DC Department of Health (DOH) has been conducting a District-wide survey of primary care physicians and psychiatrists to assess the availability of health care services in the District of Colombia.  This data collection method is critical to the Department's ability to correctly identify areas and populations in need of designation as Health Professional Shortage Areas (HPSA).  Survey completion is critical in identifying respective underserved areas and populations which require additional primary care providers.
     HPSA designations are the Federal government's official recognition of shortages in availability of personal health care services; designations allow for recruitment of providers to work in underserved areas, enhances reimbursements to District providers, and access to Federal health care resources.  Program details may be found on the 
     The information gathered will be used exclusively to develop a provider directory for the District's geographic and population HPSA designations for primary care and the District's health information exchange assessment activities.

To access the Primary Care survey, please click here.
To access the Mental Health survey, please click here.
Highmark Medicare Services: Annual Wellness Visit Codes Updated
Highmark Medicare Services

Annual Wellness Visit (AWV)

     The Affordable Care Act provides for an Annual Wellness Visit (AWV), including Personalized Prevention Plan Services (PPPS) for Medicare beneficiaries as of January 1, 2011. Two new HCPCS codes, G0438 - Annual wellness visit, includes a personalized prevention plan of service (PPPS), first visit, and G0439 - Annual wellness visit, includes a personalized prevention plan of service (PPPS), subsequent visit, were implemented January 1, 2011, through the Medicare Physician Fee Schedule Database (MPFSDB) and Integrated Outpatient Code Editor (IOCE).
     In response to questions received from providers, Highmark Medicare Services (HMS) has verified that the new Annual Wellness Visit (AWV) procedure codes were implemented correctly by HMS on January 1, 2011. The Centers for Medicare and Medicaid Services has also issued Change Request 7079 (scheduled implementation 4/04/2011) to provide additional guidance regarding the proper use and billing for these services. Please refer to MLN Matters article MM7079 for additional information concerning the upcoming requirements for Annual Wellness Visits.

2011 Electronic Prescribing (eRx) Incentive Program Reminder: Avoiding the Adjustment

CMS logo     The Centers for Medicare & Medicaid Services announced that, beginning in calendar year 2012, eligible professionals who are not successful electronic prescribers based on claims submitted between January 1, 2011 - June 30, 2011, may be subject to a payment adjustment on their Medicare Part B Physician Fee Schedule (PFS) covered professional services.

     Section 132 of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) authorizes CMS to apply this payment adjustment whether or not the eligible professional is planning to participate in the eRx Incentive Program.

     From 2012 through 2014, the payment adjustment will increase each calendar year. In 2012, the payment adjustment for not being a successful electronic prescriber will result in an eligible professional or group practice receiving 99% of their Medicare Part B PFS amount that would otherwise apply to such services. In 2013, an eligible professional or group practice will receive 98.5% of their Medicare Part B PFS covered professional services for not being a successful electronic prescriber in 2011 or as defined in a future regulation. In 2014, the payment adjustment for not being a successful electronic prescriber is 2%, resulting in an eligible professional or group practice receiving 98% of their Medicare Part B PFS covered professional services.

     Physicians will avoid the 2012 eRx payment adjustment if they:

  • Discontinue being a physician as of Jun 30, 2011 based on primary taxonomy code in NPPES;
  • Do not have prescribing privileges. Note: (S)he must report (G8644) at least one time on an eligible claim prior to June 30, 2011;
  • Do not have at least 100 cases containing an encounter code in the measure denominator;
  • Become a successful e-prescriber; and
  • Report the eRx measure for at least 10 unique eRx events for patients in the denominator of the measure.

     For additional information, please visit the "Getting Started" webpage at http://www.cms.gov/erxincentive on the CMS website for more information; or download the Medicare's Practical Guide to the Electronic Prescribing (eRx) Incentive Program under Educational Resources 

From athenahealth: Prepare Your Practice for Meaningful Use

Athenahealth"Getting More Money and More Control with an EHR"

Wednesday, February 9, 2011

12:15 PM EST.

 

Register Here Today!

 

     On October 1, athenahealth achieved Stage 1 Meaningful Use certification of our electronic health record, athenaClinicals,® by the Certification Commission for Health Information Technology (CCHIT). Now, every provider using athenaClinicals is using an ONC-ACTB 2011/2012 certified EHR.

     As part of our service offering, we help our clients achieve Meaningful Use and will be working on their behalf throughout the process to guarantee they receive stimulus money.

     Are you wondering what your practice should be doing to achieve Meaningful Use? To understand what your practice can do-and how we can help you-join us on Wednesday, February 9th at 12:15 PM EST for a live webinar.

     Some of the topics we'll cover include:

  • An overview of the 6 Steps to Meaningful Use
  • The actions practices can take now to get ready
  • A review of the many tools and resources that can help practices achieve Meaningful Use and receive their stimulus money.

      Please join us for this presentation, and bring your questions as we've set aside time for Q&A.

    Learn more about athenahealth's practice management, EMR and patient communication services here: http://www.athenahealth.com/our-services/athenaClinicals.php#/Web-Based-Software

DC Hosts the National Hispanic Medical Association's Annual Conference
National Hispanic Medical AssociationDC Hosts the National Hispanic Medical Association's 15th Annual Conference, titled, "Health Care Reform Implementation for the Hispanic Community"
     The NHMA's 15th Annual Conference, "Health Care Reform Implementation for the Hispanic Community" on March 17-20, 2011 at the Omni Shoreham Hotel, Washington, DC. MSDC members have been invited to attend and join their colleagues, nurses, health professionals, government and industry leaders as well as residents and medical students at the conference. Topics will include federal health policies and their effect on states, insurance companies, medical schools, accountable care organizations, medical homes and clinicsh.  Clinical updates on heart disease, diabetes, obesity, cancer, dementia, depression, hepatitis C, and HIV/AIDS will be offered, as well as medical education leadership sessions, cultural competence curriculum and tools for practices.  For more information on the conference and registration, please click here.
Classified Ads 
Student In Need of Summer Internship or Shadow Opportunity with a Physician
A student, finishing their last year of undergraduate studies, will be matriculating at a medical school in the fall of 2011. This student needs a summer internship or shadow position with a licensed physician.  If you are interested, please contact Ed Shanbacker at shanbacker@msdc.org for more information on the student.

 
Office Space for Rent located at 4910 Mass. Ave, NW suite 217 Washington, DC 20016. Furnished, up to 1,000 sq ft. If interested, please contact pediatricvillage@verizon.net 
 
Social Media for Physicians: Monitoring Your Online Reputation
Did you know more and more sites are popping up asking the public to rate doctors?  If you want to know more about how to monitor and protect your online reputation, please visit the following website: http://www.prnhealth.com/
 
WANTED: Internist licensed in DC. Needed immediately for dynamic, growing medical practice, in NW DC. Women's Health a plus. Full time/Pt, Flex hours. Salary competitive. Contact Roxanne Semple@ (202) 877-0532, email CV, queries to drcjoffice@gmail.comcdugan@mfa.gwu.edu.
 
WASHINGTON, DC  INTERNISTS  - Premier university-affiliated multispecialty practice group seeks full-time BC/BE internists for superb opportunity in new outpatient only practice. Ideal downtown location with established EMR with home access, full hospitalist service, paid malpractice, competitive salary and benefits. Position includes clinical academic appointment. DC license required.  Not a J-1/H-1B visa opportunity.  Email CV to: cdugan@mfa.gwu.edu.

Free PCRM Nutrition Resources: 
As a physician, you have the unique ability to promote health through plant-based diets to your patients.  The Physicians Committee for Responsible Medicine is offering MSDC members free materials for office and exam rooms. Visit www.PCRM.org/NutritionOutreach to order your complimentary posters and Vegetarian Starter Kits.
 
Share spacious medical office space with GYN physician in Greenbelt/Laurel/Bowie area.  Designed for two physicians, the space is located in a high rise office building with more than 2,800 square feet.  Space is tastefully furnished with a large waiting area, 4 exam rooms, 2 doctors consultation offices, business office area and staff break area/kitchen.  Abundant free parking, metro accessible, close to 495 and BWI parkway. Hours and usage negotiable. Please contact Julie @ 301-474-5400
Medical Review Officer Training