Volume 118, No. 12: December 2022 Edition

They Said It...


"As we approach the holiday season, togetherness, family, community and connection are truly now more important than ever. To achieve all of those things in good health, it’s critical we all take the steps to protect both ourselves and our loved ones." CDC Director Dr. Rochelle Walensky, speaking at a telebriefing update on respiratory disease circulation.

Things you should know...

Safehouse back in the news 

Since 2021, government lawyers and Safehouse have been negotiating legal questions around opening the nation’s second city-supervised injection site. This approach to combat the ongoing opioid crisis site in Philadelphia has been going on for several years. On Monday, December 5, in a lawsuit filed against Safehouse, the Justice Dept. requested 2 additional months for discussions about a possible amicable resolution to continue. Safehouse filed a request for a response and the judge ordered DOJ to respond by Jan. 9.


The Medical Society continues to support safe consumption facilities. Back in 2019, PAMED endorsed the opening of an independently funded and studied pilot trial of a comprehensive illicit drug user engagement site, including a safe injection facility, in keeping with existing multinational evidence-based medicine. Philadelphia lost 1,214 lives to overdose in 2020.

Tower Health deal final to sell Chestnut Hill Hospital

Tower Health in early December cleared the final regulatory hurdle for its proposed $28 million sale of Chestnut Hill Hospital to a consortium, led by Temple University Health System and which included the Philadelphia College of Osteopathic Medicine (PCOM) and Redeemer Health, by the end of the year.


The news comes less than a year after Tower closed two other hospitals in Chester County. Under the terms of the sales agreement, Tower will sell Chestnut Hill Hospital to a new entity called CHH Community Health. Temple University Health System will own 60% of CHH Community Health. PCOM and Huntingdon Valley-based Redeemer Health, parent of Holy Redeemer Hospital in Abington, will each own 20%. As part of the deal, the new owners are required to make a minimum capital investment in CHH of $5 million per year for five years.

The return of junk lawsuits

On August 25, the Pennsylvania Supreme Court lifted a 20-year-old restriction on where patients who claim they were injured by doctors could file lawsuits. Sadly, during the COVID-19 pandemic, physicians were seen as “heroes” but apparently any goodwill that was earned was quickly forgotten. This rule change threatens the continued availability and affordability of professional liability insurance, the training and retention of new physicians, and full access to quality health care for residents of Pennsylvania.


Under the less restrictive venue rule that takes effect Jan. 1, 2023, plaintiffs need only show that a health care provider conducted business in a given county to have the right to use that county’s courts. As was the case before the passage of the MCARE Act in 2002, there may again be an increase in frivolous claims and venue shopping certainly impacting the physicians in Philadelphia and its surrounding suburbs. The Supreme Court said it would review the effect of the rule change after two years.


PCMS leaders will continue to monitor, advocate and support all efforts to educate our community and elected officials concerning any difficulties faced with patient care that are the direct result of these changes. Have an idea or thoughts, write to us at [email protected].

Amendments to charges for medical records effective January 1, 2023

The Department of Health published their guidelines and fees that physicians or facilities may charge in response to a request for production of medical charts or records. This is generally done annually, with the last notice published on December 4, 2021. For more information on the fees that may be charged by a health care facility or health care provider in response to a request for production of medical charts or records, click here.

Medicare’s New $35 Cap for Covered Insulin

With the passage of the Inflation Reduction Act (IRA) in August, people with Medicare will begin to save money in 2023 with the new $35 cap for covered insulin products starting on January 1st for Part D insulin products and on July 1st for insulin products covered under Part B. CMS has issued a set of Frequently Asked Questions for the Medicare insulin benefit:


Frequently Asked Questions for IRA/Medicare Insulin Benefit (Set 1) (PDF)

Frequently Asked Questions for IRA/Medicare Insulin Benefit (Set 2) (PDF)

CDC Director in Philadelphia as respiratory diseases circulate

The director of the CDC, Dr. Rochelle Walensky, was in Philadelphia last week to participate as a speaker at the Bloomberg American Health Summit in Center City. She warned that flu hospitalizations have hit their highest levels for this time of year in a decade and encouraged people to be proactive and take preventative measures amidst the rise in respiratory illnesses. CDC estimates that since October 1, there have been at least 8.7 million illnesses, 78,000 hospitalizations and 4,500 deaths from flu, including 14 children.


Flu and RSV are circulating at high levels as COVID cases are increasing. Doctors’ offices and hospital emergency departments continue to be strained as these respiratory diseases spread throughout the season.

Nationwide shortage of medications

Amoxicillin, an antibiotic often used to treat pediatric illnesses, is in short supply nationwide due to the high level of respiratory illnesses which led to significantly increased demand. Shortages of other antibiotics have also been reported. The FDA’s drug shortage list presently includes 120 drugs overall.


Public agencies and legislators are pushing for a resolution to the amoxicillin shortage.


The FDA has released guidance for licensed pharmacists on how to compound amoxicillin to alleviate shortages, which can be viewed here (PDF).

PAMED Year-Round Leadership Academy

The Pennsylvania Medical Society has announced a Year-Round Leadership Academy for 2023. This program is for physicians transitioning from a patient care role to an administrative role in leadership and for those who are taking on new leadership roles or responsibilities within their practice or system. The program includes 4 in-person sessions, online mini-courses, webinars and coaching.


You can learn more and sign up here.

PAMED 2022 Award Nominations – Deadline Approaching

The deadline to nominate a physician for one of the Pennsylvania Medical Society’s annual awards is fast approaching. If you would like to nominate a physician for PAMED’s Distinguished Service, Top Physicians Under 40, or Community Voluntary Service awards, please submit your nomination by Jan. 15, 2023. Everyday Hero Award nominations are accepted throughout the year.


You can learn more and begin the nomination process here.

CONTRACT CORNER BRIEFS
by Karen E. Davidson, Esquire

FOUNDATIONAL UNDERSTANDING


Building on our last three Contract Corner Briefs, a 4th pillar of physician employment contracts is non-compete provisions (which are a type of restrictive covenant). Non-competes apply during employment and after employment ends. They are designed to restrict physicians from competing by restricting them from working for a competitor or setting up a competing medical practice for a specific post-employment period within a specified geographic area. Non-competes are regulated by state law with wide variation; in some states they are void, in others fully enforceable, and yet in others somewhere in between.


One feature of non-competes is the description of the restricted activity which can range from engaging in the practice of medicine or a particular specialty, to any “competing” activity including consulting or administrative services (e.g., medical directorships) and/or ownership of a medical practice or facility. Another feature is the designated restricted area which may be based on zip codes, counties or mileage (i.e., radius) from specific locations.


In states where non-competes are valid (most of them), they are a key issue in physician contract negotiations. The first task is to closely scrutinize each aspect of the non-compete so you can ascertain its potential impact and strategize about how to grapple with it. What we have seen is that most non-compete provisions are broadly written with vague or imprecise language that should (at a minimum) be clarified.   

Calendar of Events

January

How is Physician Work Paid: Now and in the Future (A primer for medical students and residents)


Tentative Date: Wednesday, January 11, 2023

Tentative Time: 7:30 pm - 8:30 pm ET


Far too often physicians now enter the workforce unclear on how health care is paid for, how payments influence the decisions they make and even how their practice’s payment types can affect their career goals. 


PCMS is hosting a free one-hour virtual program that will go over the various types of health care payment models such as: Fee-for-service, Capitation, Hybrid, and Direct primary care. Presented by William Van Decker, MD, Professor of Medicine, Lewis Katz School of Medicine at Temple University and Director, Nuclear Cardiology at Temple University Hospital. 


Click Here to Register

February

Understanding the Military Experience


Date: Thursday, February 2, 2023

Time: 11:00 am to 7:30 pm ET


Star Behavioral Health Providers is providing training to help health care providers better understand the needs of service members, veterans and their families. The training is free and comprised of three tiers that must be taken sequentially. Multiple dates are available.


Learn More and Register Here

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Philadelphia County Medical Society | [email protected]
215-563-5343 | http://philamedsoc.org