Volume 119, No. 5: May 2023 Edition | |
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They Said It...
"When we're talking about goal setting and setbacks, both for patients and us as physicians, we occasionally want to blame somebody else, or something else, for the reasons we're in this situation. One thing I do for a patient is to encourage them to take ownership. It's not necessarily to blame the patient but for them to understand that much of their destiny and success is dependent on what they actually do. As physicians, we can complain about the government or the hospital, but at a certain point, we as physicians have to stand up and advocate for ourselves." Alexis Tingan, MD, Division Director of Sports and Exercise Medicine in the Department of Family and Community Medicine and Assistant Professor of Rehabilitation Medicine, Family and Community Medicine at Thomas Jefferson University, offering his insight on the physician-patient relationship from a sports medicine perspective. You can read his interview and more in our Spring 2023 Edition of Philadelphia Medicine, available now.
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If you are interested in writing an article for Philadelphia Medicine, please contact us at [email protected]. We are accepting articles for both the newsletter and magazine. | |
Things you should know... | |
It’s almost Election Day – May 16th | |
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Voting is one of the most effective ways we can bring about change…so don’t forget to vote! You can check your voting district and party registration at vote.pa.gov/status.
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DEA extends telehealth flexibilities | |
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The ability to prescribe controlled substances based on telehealth patient visits was set to expire when the COVID-19 Public Health Emergency ended on Thursday, May 11th. The U.S. Drug Enforcement Administration (DEA) initially issued two proposed rules establishing new policies for controlled substance prescriptions based on telehealth visits, one for buprenorphine and one for other controlled substances. The AMA weighed in on the policy with multiple arms of the Biden administration, including the DEA as well as Rahul Gupta, MD, the Director of the White House Office of National Drug Control Policy. After receiving more than 38,000 comment letters, however, the DEA has decided to extend the same policies that have been in place during COVID for an additional 6 months, until November 11, 2023
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Medication Access and Training Expansion (MATE) Act | |
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The Medication Access and Training Expansion Act (or MATE Act) imposes a new one-time, eight-hour training requirement for all DEA-registered practitioners on the treatment and management of patients with opioid or other substance use disorders prior to receiving or renewing a DEA registration. This was enacted by Congress on December 29, 2022.
The deadline for satisfying this new training requirement is the date of your next scheduled DEA registration submission regardless of whether it is an initial registration or a renewal registration, so beginning on or after June 27, 2023. For example, if you renew on June 26, 2023, compliance is not required until the next renewal. For a list of FAQs check out PAMED MATE Act Training Requirements.
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Penn residents/fellows made history as the first PA house-staff to unionize | |
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Last week with 88% of the roughly 1,400 residents and fellows voting in favor of unionization, Penn Medicine doctors are the first statewide to gain union representation, according to the Committee of Interns and Residents/Service Employees International Union (CIR/SEIU), which reported that the vote was 892 to 110. They voted overwhelmingly to unionize in support of higher pay, better medical benefits and improved working conditions at one of region's top hospitals.
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Abortion pill case to be heard this week
On May 8, abortion providers in Virginia, Montana and Kansas filed a federal lawsuit against the Food and Drug Administration (FDA) seeking an order to maintain and expand access to mifepristone, one of two drugs commonly used for early abortion and miscarriage. The lawsuit, filed by the Center for Reproductive Rights (CRR), comes in response to legal uncertainty caused by a Texas court ruling voiding FDA approval of mifepristone and a dueling Washington court order requiring the FDA to maintain access to the medication. A case brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide will be heard next week by a panel of three conservative judges. The Biden administration is expected to urge the 5th U.S. Circuit Court of Appeals panel in New Orleans on May 17 to overturn a court order that suspended the federal government's approval of mifepristone.
FDA approves first drug to treat agitation symptoms associated with dementia due to Alzheimer’s disease
Last week, the FDA announced the supplemental approval of Rexulti (brexpiprazole) oral tablets for the treatment of agitation associated with dementia due to Alzheimer’s disease. This is the first FDA-approved treatment option for this indication. The effectiveness of Rexulti for the treatment of agitation associated with dementia due to Alzheimer’s disease was determined through two 12-week, randomized, double-blind, placebo-controlled, fixed-dose studies. The FDA granted this application Fast Track designation. Fast Track is a process designed to facilitate the development and expedite the review of drugs to treat serious conditions and fill an unmet medical need. The purpose is to get important new drugs to the patient earlier.
FDA approves first RSV vaccine
FDA Administration approved Arexvy, the first respiratory syncytial virus (RSV) vaccine approved for use in the United States. Arexvy is approved for the prevention of lower respiratory tract disease caused by RSV in individuals 60 years of age and older. The CDC will need to approve the vaccine before it is available to the public. You can read more here.
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End of the COVID-19 Public Health Emergency | |
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Even though the federal government’s COVID-19 Public Health Emergency ended on May 11, people are still getting seriously ill, being hospitalized, and dying from COVID. It is imperative to continue encouraging your patients to get an updated COVID vaccine as soon as they can. The Philadelphia Department of Public Health has released a Health Advisory that provides an update about the COVID-19 vaccination and masking requirements for healthcare workers. It is available here. (PDF)
CDC will no longer receive data needed to publish Community Transmission levels for SARS-CoV-2. This metric informed CDC’s recommendations for broader use of source control in healthcare facilities to allow for earlier intervention, to avoid strain on the healthcare system, and to better protect individuals seeking care in these settings. As described in CDC’s Core IPC Practices, source control remains an important intervention during periods of higher respiratory virus transmission. Without the Community Transmission metric, healthcare facilities should identify local metrics that could reflect increasing community viral activity to determine when broader use of source control in the facility might be warranted. For questions, contact the PA DOH at 1-877-724-3258.
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2023 Quality Measure Development Plan Annual Report | |
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CMS recently posted the 2023 Measure Development Plan (MDP) Annual Report, which describes progress in developing clinician quality measures to support the Quality Payment Program. The MDP is a focused framework for developing these measures, pointing out the known measurement and performance gaps, and recommending prioritized approaches to close those gaps. For more information about the report, go to the Quality Payment Program measure development page.
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2023 starts off with a surge of medical malpractice lawsuits | |
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A change in court rules that relaxed in which county medical malpractice lawsuits could be filed went into effect in January. Lawyers filed significantly more cases in Philadelphia the first quarter of this year compared with the same time period in recent years.
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Reminder: Open Payments pre-publication review & dispute ends May 15, 2023 | |
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Open Payments is a national disclosure program that promotes a transparent and accountable health care system. Open Payments houses a publicly accessible database of payments that reporting entities, including drug and medical device companies, make to certain health care providers, which are referred to as covered recipients.
From February 1, 2023 through March 31, 2023, the reporting entities submitted their 2022 data to the CMS, which will be published in the Open Payments Program Year 2022 data and will also be used to update the previous program years’ data in June 2023. Reviewing this data is voluntary, but strongly encouraged as this ensures the accuracy. Check out this Review and Dispute Quick Start Guide (PDF) for helpful tips on the review and dispute process.
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Mental Health Awareness Month | |
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May is Mental Health Awareness Month, a time dedicated to raising awareness about mental health and continuing the fight against the stigma people face when seeking help.
This year’s theme is “More Than Enough.” It seeks to highlight the inherent value each person holds, regardless of diagnosis, appearance, socioeconomic status, background or ability. Showing up, just as you are, for yourself and the people around you is more than enough.
The Department of Behavioral Health and Intellectual disAbility Services provides mental health services in Philadelphia.
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Bank of America® Doctor Loan | |
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The Philadelphia County Medical Society has partnered with Bank of America to provide you with a new member benefit! Residents, fellows and licensed physicians may be qualified for a loan designed to meet your needs as a medical professional. The Bank of America Doctor Loan is designed to meet the needs of medical professionals who have student loans after years of education, have accepted a new position or residency/fellowship, and are now looking to purchase a home.
Click here for a list of benefits and conditions (PDF). For additional information, please contact Mark Austerberry at [email protected].
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CONTRACT CORNER BRIEFS
by Karen E. Davidson, Esquire
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FTC NON-COMPETE PROPOSAL: The behind the scenes wrangling continues in response to the FTC’s January 5, 2023 Proposed Rule banning non-competes (see previous columns). At this point, we are awaiting next steps from the FTC. These could include extending the comment period, finalizing the Proposed Rule as published or publishing a revised version of the Proposed Rule with a new comment period.
One focus of discussions is the exemption from the Proposed Rule for non-profits. That is, whether non-profit hospitals/health systems will be exempt from the rule. The FTC has confirmed that the exemption for nonprofits generally applies to the Proposed Regulation, but it has not elaborated on parameters for the exception. So, while it is true that the FTC does not have jurisdiction over “true” non-profits (because the FTC Act only applies to entities organized to carry on business for the entity’s own profit or its owners’ profit), the nature of hospital/health system legal structures could cause complications. That is, what is a “true” nonprofit given that many hospital/health systems operate for-profit entities/businesses including some that employ physicians.
Physicians who are directly employed by a non-profit hospital/health systems would likely remain subject to non-competes even if the Proposed Rule as written were to go into effect. If this does come to fruition, it would result in market disparities between nonprofit hospitals/health systems and for-profit entities. To sum up, this area of law remains unsettled and could change depending on the rule’s final form, how the rule is ultimately interpreted by the courts (including an interpretation of the FTC’s authority to even promulgate such a rule) and other factors including downstream inequities in the marketplace. Stay tuned.
The content of “Contract Corner Briefs” has been prepared by Karen E. Davidson, Esq. for informational purposes only and does not constitute legal advice. The information in this e-newsletter shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. We hope that you will find the information informative and useful, and we would be delighted to connect you with Karen Davidson.
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Inflammatory Brain Disorders Conference 2023
Date: Thursday, May 18 to Friday, May 19
Time: 10:00 AM - 6:30 PM (ET) each day
The Neuroimmune Foundation is hosting an inflammatory brain disorders conference from May 18 to May 19 via webinar. The event focuses on both pediatric and adult patients. CME credit is available to all live attendees.
Register and Learn More Here
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Presidents Installation and Awards Night
Date: Saturday, June 3
Time: 6:00 PM
Place: The Philadelphia Country Club, 1601 Spring Mill Road, Gladwyne, PA 19035
Please join us for the installation of our 162nd President, John M. Vasudevan, MD, and our Annual Awards Night Presentations on the evening of Saturday, June 3 at the Philadelphia Country Club.
Click here to RSVP and learn more
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PCMS at the Phillies
Date: Sunday, September 10
Time: 11:00 AM
The Philadelphia County Medical Society invites you to join us at Citizens Bank Park for the Phillies game and a tailgate party! Meet with colleagues and enjoy an afternoon of fun! Children, spouses and partners are welcome to attend.
Learn More and Sign Up Here
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