Volume 119, No. 2: February 2023 Edition | |
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They Said It...
"The Supreme Court's unilateral decision to undo two decades worth of legal stability in medical malpractice cases will have long-term ramifications if left unchecked. The judicial branch should not have the exclusive authority to establish venue policy. Clearly, action is needed to prevent another health care crisis." Curt Schroder, Executive Director of the PA Coalition for Civil Justice Reform, on the recent medical malpractice venue rule change in Pennsylvania. Read more in our Winter 2023 edition of Philadelphia Medicine.
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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... | |
Updated Specialty Impact of CY 2023 Final Rule and Consolidated Appropriations Act of 2023 | |
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The Total Medicare Allowed Charges for CY 2023 decreased by -0.5% due to changes in legislation. The temporary 3% Medicare Conversion Factor increase from the CY 2022 Protecting Medicare and American Farmers from Sequester Cuts Act expired on December 31, 2022. It was replaced by a lower temporary increase of 2.5% from the Consolidated Appropriations Act of 2023 (in effect through December 31st, 2023), resulting in a year-over-year net change of -0.5% for total allowed charges. Separately, the CY2023 Medicare Conversion Factor was also subject to a -1.60% budget neutrality adjustment to offset increases in RVUs for certain services. Here’s the link (PDF) to the AMA’s updated specialty impact analysis which factors in the Consolidated Appropriations Act of 2023.
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February is American Heart Month! | |
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Physicians can access a variety of tools, resources, and training materials to develop and support programs that focus on preventing heart disease. Use these resources in your practice to help you and your team work to prevent heart disease: Tools and Training | cdc.gov
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HHS releases initial guidance for Medicare Prescription Drug Inflation Rebate Program | |
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On Feb. 9, the Centers for Medicare & Medicaid Services (CMS) released the initial guidance detailing the requirements and procedures for the new program. The program will require rebates to the Medicare Trust Fund in cases of price increases that exceed inflation, particularly brand name drugs, which make up 80 percent of all prescription drug spending. Since one of the primary drivers of increased prescription drug spending has been increases in spending per prescription, requiring rebates for price increases above inflation for drugs already on the market may help reduce future growth in prescription drug spending. As part of the initial guidance released this week, CMS is seeking comments on key topics. Comments received by March 11, 2023 will be considered for the revised guidance. CMS anticipates issuing revised guidance later in 2023 for the Medicare Prescription Drug Inflation Rebate Program.
View a fact sheet on the Medicare Prescription Drug Inflation Rebate Program guidance. (PDF)
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End of emergency periods related to COVID coming this May | |
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The Biden Administration announced its intent to end the Public Health Emergency and the National Emergency related to the COVID-19 pandemic on May 11, 2023. Various employee benefit plan requirements will be directly impacted by this. Independent medical practices should review these changes and decide how to manage the expiration of these requirements. Carriers and third-party administrators (“TPAs”) may also issue information to review and provide directions on next steps. In some cases and to the extent allowed carriers or TPAs may make changes with the next plan year. For assistance with this or questions, please contact PCMS at [email protected].
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PAMED offers Year-Round Leadership Academy | |
If you are transitioning from a patient care role to an administrative role in leadership and or perhaps taking on new leadership roles or responsibilities within your practice, this certificate program might be right for you. It is available through Carnegie Mellon University and Penn State for graduates of the Year Round Leadership Academy (YRA) who meet the specified minimum requirements. There is a $2,500 fee for PAMED members and the program includes CME credit, course materials and food/beverage at in-person sessions. Learn More about the Year-Round Leadership Academy | |
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Last year, the Pennsylvania Supreme Court issued a new venue rule that expanded filing options for medical malpractice plaintiffs. According to data from a Pennsylvania Coalition for Civil Justice Reform (PCCJR) analysis, the number of medical malpractice case filings in Philadelphia in January so far has more than tripled compared to those filed in January of 2022. There were 58 medical malpractice cases filed this past month, whereas there were only 15 filed during the same time period last year.
It’s important to note that Philadelphia has a separate category for complaints filed against nursing homes. The "Nursing Home" cases appear to also be medical liability cases. For the purpose of this analysis, there were 9 such Nursing Home Litigation cases filed in both January of 2023 and January of 2022. When adding these figures to the blanket medical malpractice case numbers listed above, the total Philadelphia medical liability filings for January of 2023 is 67 compared to 24 for January of 2022. This represents a 2.8 times increase over the January 2022 figures. Stay tuned for additional follow ups and analysis.
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Reintroducing PracticeBeat | |
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PCMS continues to partnership with PracticeBeat, a Carnegie Mellon University spin-off company specializing in growing your practices by finding new patients digitally. The solution has become an amazing acquisition tool for many of the Philadelphia practices. PracticeBeat studies your current site and provides amazing insight into your competitors. Some of the practices they worked with have typically seen significant increases in new patient requests, an increase in quality and volume of online patient reviews and a high ranking in competitive and local search results online. To learn more or to set up a free consultation, please contact Mark at [email protected] or by phone at 215-563-5346.
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PCMS Award nomination deadline approaching | |
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The deadline to nominate a colleague for one of our annual awards is Friday, March 3. Awardees will be honored by PCMS during the formal Presidents Installation event on Saturday, June 3, 2023 with physical awards, media recognition, and a feature in our annual Installation and Awards publication of Philadelphia Medicine. Read more about our awards below:
Strittmatter Award: Since 1923, the award has honored a PCMS physician who has demonstrated to the Society the most valuable contributions to the healing art, surgical or medical. Requirements: A physician colleague should submit a nominating letter and include the candidate’s current curriculum vitae. Please email Eileen Ryan at PCMS: [email protected]
Practitioner of the Year Award: Presented to a PCMS member for excellence in patient care and community service. Requirements: Physician colleagues, medical students and staff may send letters of nomination. Please include examples of community service. Click Here to Nominate
The Dr. Vanitha Appadorai Vaidya Award for Humaneness in Medicine: Presented to a PCMS resident/fellow physician for his/her exceptional ability to work with people, patients, and their families, and for his/her understanding of human as well as clinical needs. Requirements: Medical students, physicians and professional staff are urged to submit nominating letters and include written examples of their nominee’s humaneness. Click Here to Nominate
Cristol Award: Presented to a PCMS physician member who has made a significant contribution to the Society by furthering and enhancing the educational, scientific and charitable goals, purposes and functions of organized medicine. Requirements: Physicians and medical student members are encouraged to submit nominating letters. Send your nomination letters to [email protected]. For more information or to nominate a member, please email or call Eileen Ryan at 215-563-5344.
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AHRQ Safety Program for Telemedicine: Improving the Diagnostic Process | |
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Is your practice interested in improving the cancer diagnostic process for your patients who receive some or all of their care via telemedicine? AHRQ is recruiting practices for a free 18-month program to improve diagnostic verification, timeliness, and communication with patients. Practices will receive training and one-on-one expert coaching to implement sustainable improvements to effectively close the loop at critical points in the cancer diagnostic process. Learn more and sign up for an informational webinar on the program website: safetyprogram4telemedicine.org.
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CONTRACT CORNER BRIEFS
by Karen E. Davidson, Esquire
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FTC NON-COMPETE PROPOSAL DRAWING FIRE: The FTC’s January 5, 2023 Proposed Rule banning non-competes has drawn fire (as anticipated in last month’s column). Legal action has been threatened if/when the Proposed Rule is finalized, and comments are streaming into the FTC during the 60-day comment period.
It will come as no surprise that the corporate sector is gearing up to fight the rule. This includes large Fortune 500 corporations and their related associations. One of them, the U.S. Chamber of Commerce (whose members includes the American Hospital Association), has requested an extension to the comment period, “given the breadth of the rule … legal questions that must be addressed … [and] potential impact of the proposal … .“ Business sectors against the rule have raised a variety of arguments starting with whether the FTC even has the authority to promulgate such a rule.
In contrast, physicians and other medical professionals have submitted comments expressing frustration with non-competes. They highlight how physician non-compete restrictions: (i) exacerbate the physician shortage by adversely impacting physician hiring which ultimately hampers patient care due to long scheduling delays; (ii) tip the balance in favor of large corporations; and (iii) reduce physician bargaining power by limiting physician ability to change jobs when work conditions and/or pay deteriorate. We have seen this first-hand with some non-competes so broad that physicians need to: (i) take locum tenens work to wait out a non-compete timeline (sometimes 1-year, but often 2 years); (ii) move their residence (and family) outside a large geographic area to a location where they are permitted to work; or (iii) turn down a position because their non-compete could be construed to limit them from taking “call” from home (because they live in the restricted area), an absurd result for sure, but a risk in some situations nonetheless.
We will continue to monitor this situation. Stay tuned!
The content of “Contract Corner Brief” 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 connect you with Karen Davidson.
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The State of Diversity in Medicine
Date: Wednesday, February 15
Time: 6:00 PM - 7:30 PM
The Medical Society of Eastern Pennsylvania is holding a lecture on the state of diversity in medicine, presented by Wayne A. I. Frederick, MD, MBA, FACS, President of Howard University, Distinguished Charles R. Drew Professor of Surgery and Surgical Oncologist at Howard University Hospital. The program will also include an award presentation.
Learn More and Register Here
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AMPAC Candidate Workshop
Date: March 31 - April 2
AMPAC is holding a workshop for physicians looking to get into politics. After two years of hosting the program virtually due to the COVID-19 pandemic, the AMPAC Candidate Workshop is returning in-person at the AMA offices in Washington, DC.
The Candidate Workshop is designed to help you make the leap from the exam room to the campaign trail and give you the skills and strategic approach you will need to make a run for public office. The deadline to register is March 17.
Click Here to Learn More
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The 12th Annual Clinical Update in Gastroenterology
Date: Saturday, April 29
Time: 8:00 AM - 12:30 PM
Registration for the 12th Annual Clinical Update in Gastroenterology is now open. This year's topics include Pancreatic Cancer, End-Stage Liver Disease, Inflammatory Bowel Disease and Irritable Bowel Syndrome.
Learn More and Register Here
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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 Register Here
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