The NJSSA Pulse
March 2022
From the President 
Amanda Burden, MD, FASA
Dear NJSSA Members:
 
I am honored to serve as your new President, and I look forward to working with all of you to advance our important role in healthcare.  First, I would like to thank outgoing President, Gregg Lobel, for his tremendous service to our Association and our specialty during this unprecedented time.  I also want to congratulate our new NJSSA Officers who will work beside me in leading the Association and thank them for their willingness to serve in these roles:

·       Rich Colavita, Vice President
·       Walt Lapicki, Treasurer
·       Maggie Ho, Secretary

As we begin 2022, we continue to face the realities of COVID-19.  Those challenges escalated considerably in January as the Governor reinstated the Public Health Emergency. We are hopeful that this most recent surge of increased numbers of patients is resolving. Thank you all for your service to our patients and our profession in the difficult work of caring for patients during this unprecedented pandemic. We, along with ASA, continue informing the public about your excellent work and value. NJSSA leadership also continues to work with ASA and APSF in identifying best practice in managing this disease and disseminating that information. I encourage you to review the recent ASA and APSF Joint Statement on Elective Surgery/Procedures and Anesthesia for Patients after COVID-19 Infection here. 

As you know, the 2021 election in New Jersey yielded significant changes to the legislature.  We are working to educate our many new legislators about our profession and about the importance of physician anesthesiologists and physician led care.  Some of the Governor’s emergency executive orders related to expanded scope of practice are still in place and we continue to work to educate our legislators on the reasons these should not become permanent.  
 
We are delighted to report that we just concluded our very successful 62nd Annual Meeting on Saturday, February 12, 2022. The meeting was held virtually, and we had an amazing group of speakers, which included our current ASA President, Randall Clark, a past ASA President, Dan Cole, our own Alex Bekker, and Tony Orsini. We were able to continue to hold our annual poster presentations of research and medically challenging cases.  The meeting was very well attended and there were lively discussions. We are actively planning our 2023 Annual Meeting and look forward to seeing everyone on March 25, 2023 when we expect to return to an in-person meeting!

As we have been discussing, this is a critical time for our profession!  We need everyone to please get involved and make your voices heard.  There is power in numbers.   You may be asked to send letters, make phone calls or even arrange meeting with legislators to educate them.  Some of these things may take as little as a minute of your time. You are the most powerful voice to help demonstrate the important role of physician anesthesiologists in providing the safest care in the safest environment for our patients.  In addition, we need to make sure that we are reimbursed fairly for the work that we do.  The rules regarding the surprise billing legislation set to take effect in January 2022 are still being written and we need to be sure that the arbitration process is as intended in the law when it was written in 2020.   At a minimum, please make sure that all of your colleagues are members of ASA and NJSSA to help support this work.

Amanda Burden,
NJSSA President

Legislative Update
AJ Sabath, Lobbyist

2022-2023 Legislative Session: 
            
As you are likely aware, the November 2021 gubernatorial election made national headlines because of the unanticipatedly close race between incumbent Democratic Governor Phil Murphy and Republican former Assemblyman Jack Ciattarelli. Once vote-by-mail ballots were tallied, the race wasn’t as close as indicated on Election night and Governor Murphy became the first Democratic Governor to win re-election in 44 years in NJ. The close race has been retrospectively attributed to many factors, one of the most prominent being historic turnout in Republican counties compared to Democratic counties. Along with the Governor, all Legislators in the Senate and Assembly were on the ballot in November. Election Night dealt some shocking blows to the Democratic party in New Jersey with 7 seat losses in all, but the party retained its majorities in both the Senate and the Assembly. The most significant change is the replacement of Steve Sweeney with the new Senate President, Nick Scutari. Senate President Sweeney was the longest serving Senate President in NJ history and a steadfast ally of the physician community. His loss set in motion a reorganization of leadership in the Senate that dramatically impacted the power dynamics in the State. 
The Legislature began the 2022-2023 legislative session on January 11th, with all legislation that hadn’t been signed into law needing to be re-introduced to restart the legislative process once again. The newly sworn in Senate President Nick Scutari was elected to office in 2003 and was formerly Chair of the powerful Senate Judiciary Committee for twelve years. He is most well-known for being at the forefront of the legalization of recreational marijuana in NJ.  Senate President Scutari wields significant power in his new position as leader of the Senate, determining which bills and issues are taken up in the chamber. As he continues to determine his leglsiative priorities for this session, NJSSA has been proactively engaging with him and his staff to begin building the foundation of a similar rapport with Senate President Scutari that we had with his predecessor.   
Legal Report
John Fanburg, Esq.
Partner, Brach Eichler LLC
 
I. COVID-19 LEGAL UPDATES

Brach Eichler keeps abreast of the numerous legal developments that are related to the
nationwide novel coronavirus (COVID-19) public health emergency. Brach Eichler has created a COVID-19 Resource Center that consolidates our various important client alerts and webinar series information in one place. Please visit the Resource Center for updates at https://www.bracheichler.com/covid-19-resource-center/.

II. NEW JERSEY DEVELOPMENTS

A. Governor Murphy Signs Executive Order 283, Drops COVID Test Option from EO
252, Requires Vaccines for Health, Long-term Care Workers

On January 19, 2022, Governor Murphy signed Executive Order (EO) 283, requiring
healthcare facilities and high-risk congregate settings covered by the EO to adopt and implement policies requiring covered workers at covered settings to be up to date with their COVID-19 vaccinations, including having received a booster dose.

Previously, EO 252, which was issued on August 6, 2021, required covered healthcare
facilities and high-risk congregate settings to maintain policies that require covered workers to either provide proof that they have been fully vaccinated or be subject to COVID-19 testing at minimum one to two times per week. EO 283 eliminates the testing option that was previously allowed and requires covered workers to be fully vaccinated, including a booster dose, while leaving intact the ability to grant exemptions for those with disabilities, medical conditions, or deeply held religious beliefs. Any provisions of EO 252 that are inconsistent with the requirements of EO 283 are overridden by EO 283.
NJSSA EVENTS
Thank you to all attendees of the NJSSA Annual Meeting on February 12, 2022!

A special thank you to our Annual Meeting speakers:
Dr. Randy Clark, Dr. Tony Orsini, Dr. Alex Bekker, Dr. Dan Cole,
John Fanburg, Esquire and AJ Sabath.

Thank you to our 2022 Annual Meeting sponsors for their continued support of NJSSA: NAPA and Envision Physician Services
On the Road Dinner Series

March 30, 2022
  • Caffe Aldo Lamberti
  • 6:30 - 8:30pm


April 6, 2022
  • Capital Grille
  • 6:30 - 8:30pm
NJSSA Resident Reception
Date: Saturday, April 23, 2022
Time: 12:30pm
Location: Prudential Center
ASA News
ASA Legislative Conference
Hyatt Regency on Capitol Hill, Washington, D.C.
May 9-11, 2022
ASA and APSF Joint Statement on Elective Surgery/Procedures and Anesthesia for Patients after COVID-19 Infection

Since hospitals are able to continue to perform elective surgeries while the COVID-19 pandemic continues, determining the optimal timing of procedures for patients who have recovered from COVID-19 infection and the appropriate level of preoperative evaluation are challenging given the current lack of evidence or precedent. The following guidance is intended to aid hospitals, surgeons, anesthesiologists, and proceduralists in evaluating and scheduling these patients. The updated recommendations detailed in this document are based upon new evidence that has come to light over the past year. The recommendations will be subject to continued evolution as new evidence emerges. 

Elective surgeries should be performed for patients who have recovered from COVID-19 infection only when the anesthesiologist and surgeon or proceduralist agree jointly to proceed. The decision for surgery/procedure is centered on two factors: 1. Is the patient still infectious? and 2. For patients that are no longer infectious what is the appropriate length of time to wait between recovery from COVID and surgery/procedure in terms of risk to the patient.
Update from ASA on TMA No Surprises Lawsuit

ASA announced in late February the U.S. District Court for the Eastern District of Texas issued an order vacating provisions of the Interim Final Rule of the No Surprises Act that unlawfully tilted the scales in favor of insurers in the dispute resolution process for determining out of network fees.

Congress established the No Surprises Act ("Act") to protect patients from surprise medical bills for services from providers outside their insurance network. The Act included a comprehensive and fair process for resolving fee disputes between insurers and out of network providers. But the Interim Final Rule ("Rule") turned this process on its head and placed a thumb on the scale in favor of insurers in a way that Congress never intended.

ASA, along with the American College of Emergency Physicians and the American College of Radiology filed a lawsuit in federal court in December challenging the unlawful provisions of the Rule. The suit was one of several filed across the country as part of a national effort to restore the fair dispute resolution process Congress intended and to help ensure a level playing field for providers and continued access to quality care for the patients we serve.

The order was issued in a case filed by the Texas Medical Association and supported by a declaration signed by 13 of ASA's state component societies. As the Court noted: "the Rule conflicts with the unambiguous terms of the Act."

ASA stresses the importance for members to understand that this Texas legal decision does not lessen the administrative burden on physicians and practices that need to go through the IDR process for any out of network claims they might have. That complicated process continues. But this decision, if it survives subsequent legal challenges, removes the hugely unfair advantage the agencies’ rule gave to health insurance companies. Read More Here.
ASA Distinguished Service Award and Honorary Membership
The ASA Committee on Distinguished Service Award is announcing its call for nominations for this year’s Distinguished Service Award and Honorary Memberships. Please review the information below. Nominations are due to governance@asahq.org no later than May 15, 2022.

DISTINGUISHED SERVICE AWARD NOMINATIONS
Section 7.1.1.3 of the ASA Administrative Procedures defines the nomination procedure for the Distinguished Service Award as follows:

1. The Distinguished Service Award may be given to an ASA member for outstanding clinical, educational or scientific achievement or contributions to the specialty and/or exemplary service to the Society.

2. No officer of this Society shall be eligible for selection.

3. Nominations for the Award may be submitted by component societies or by members of ASA to the Chair of the Distinguished Service Award Committee on approved forms, together with current curriculum vitae, no later than May 15 of each year. Please note that all nominations must be submitted even if the nominee’s name has been submitted in a prior year.

4. The Committee on Distinguished Service Award will meet to discuss and to review the names of nominees submitted and to recommend to the House of Delegates the name of no more than one candidate. Selection of a candidate shall require a 2/3 vote of the full committee.

5. Should the committee select a candidate to enter into nomination in the House of Delegates – such name shall not be disclosed until placed in nomination before the House of Delegates. Immediately following the committee’s nomination of an individual for the Award to the House of Delegates, a summary of the nominee’s achievements and qualifications shall be provided for review by members of the House of Delegates.

6. Final selection of the recipient of the Distinguished Service Award shall be made by the House of Delegates by secret ballot and shall require a 2/3 vote of those seated in the House. Presentation of the 2022 Distinguished Service Award is planned to occur at the 2023 ASA Annual Meeting in San Francisco. A listing of past DSA recipients can be found at the ASA website.

HONORARY MEMBERSHIPS
Section 2.2.5 of the ASA Bylaws defines the nomination procedure for the Honorary Membership as follows:

1. Honorary Membership may be given to a physician, a scientist or other individual not otherwise eligible for Active Membership in the Society who has attained outstanding eminence in anesthesiology or related fields.

2. Nominations of Honorary Membership may be submitted by component societies or by members of ASA to the Chair of the Distinguished Service Award Committee on approved forms, together with current curriculum vitae, no later than May 15, 2022. This committee shall review the names of nominees submitted and may make recommendations of candidates to the House of Delegates. Please note that all
nominations must be submitted even if the nominee’s name has been submitted in a prior year.

3. Nomination(s), along with a summary of the nominee’s achievements and qualifications, shall be submitted to the House of Delegates for approval by secret ballot with 2/3 vote of those voting in each body.

SUBMISSION OF NOMINATIONS
Complete the nomination form and email to ASA Governance to the attention of the committee chair:
Dr. Mary Dale Peterson
c/o Kim Ellison, ASA Governance Department
governance@asahq.org
Federal Legislative Update 

Federal Regulatory Update
 
Payment and Practice Management Update 
Stephanie Summers
NJSSA Executive Director
Please do not hesitate to reach out with questions, comments or concerns. I am here to serve and support you on behalf of the NJSSA.

Thank you for your NJSSA membership!
New Jersey State Society of Anesthesiologists | 609-528-7392 | NJSSAHQ.ORG