Volume 119, No. 3: March 2023 Edition

They Said It...

"Although the production of mRNA vaccines in just one year after the world learned the genetic sequence of the virus is by far the fastest vaccine development on record, this success story has much to teach us about the complicated and long process of all innovation in science and medicine." Dr. Kent Bottles, lecturer at the Thomas Jefferson University College of Population Health in Philadelphia, discusses the development of mRNA vaccines and what we can learn from it in our Winter 2023 edition of Philadelphia Medicine.

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...

Medical Assistance & CHIP Renewals

Changes effective April 1, 2023 due to the end of a federal pandemic policy

When the COVID-19 Public Health Emergency started in March 2020, CMS temporarily waived certain renewal requirements and conditions. However, Pennsylvania will be restarting Medicaid and CHIP eligibility reviews next month. According to some estimates, up to 1 million people in PA might lose their current Medicaid or CHIP coverage during this process. The process might take up to a year.

You can help families get ready to renew their Medicaid and CHIP coverage by reminding them to update their contact information. Make sure they find out when their plan is due for renewal by calling the DHS at (866-550-4355). They can also use or create an online COMPASS account to check the status of their Medicaid coverage, as well as to apply for other public benefit programs and track the application progress.

DHS and their partners at Pennie (Pennsylvania's official health and dental insurance marketplace) are working hard to make sure that Pennsylvanians can get coverage either through Medicaid, the Children's Health Insurance Program (CHIP), or affordable coverage available through pennie.com.

Have a patient/family that needs help accessing the internet?

Do you know someone in need of help paying for their internet service? There is a monthly discount on a new or existing internet service plan through a government program called the Affordable Connectivity Program (ACP). To apply, they can visit AffordableConnectivity.gov or call 1-877-384-2575 to request an application. Research suggests increased broadband Internet access is associated with improved health outcomes. Broadband makes it easier for people to take advantage of information on Medicare.gov.

CDC issues health alert regarding drug-resistant shigellosis

According to the CDC, 5% of Shigella infections reported in 2022 were caused by XDR strains, up from 0% in 2015. Similar to national trends, there have been shifts in the epidemiology of shigellosis in Philadelphia with increased infections among adults including gay, bisexual, and other men who have sex with men and persons experiencing homelessness. Physicians using culture-independent diagnostic tests (CIDT) instead of culture for diagnosis of enteric infections should request that the clinical laboratory perform reflex culture when CIDT is positive for Shigella species.

Shigellosis is a reportable disease in Philadelphia. Labs and clinicians should report all cases of shigellosis with antibiotic susceptibility test results to the Philadelphia Department of Public Health’s Division of Disease Control through electronic laboratory reporting, faxing a report to 215-238-6947, or calling 215-685-6748. All positive isolates or specimens are required to be submitted to the Pennsylvania Department of Health Bureau of Laboratories within five workdays of the positive test result.

What’s happening with the proposed non-compete clause rule

The Federal Trade Commission (FTC) voted to extend the public comment period for its proposed new rule to ban employers from imposing non-competes on their workers. With the extension, the FTC will now be accepting comments on the proposed rule until April 19. To date there are nearly 9K total comments; physicians have commented 2K. Originally, the deadline for submitting comments was March 20. The proposed rule, announced by the FTC in January of this year, is based on a preliminary finding that non-competes constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act. Information on how to submit comments can be found in the Federal Register notice.

2021 Quality Payment Program performance information now available on Care Compare

CMS added new 2021 Quality Payment Program performance information for physicians, clinicians, groups, virtual groups, and Accountable Care Organizations (ACOs) to the Doctors and Clinicians section of Medicare Care Compare and in their Provider Data Catalog (PDC). CMS is required to report MIPS eligible clinicians’ final scores, MIPS eligible clinicians’ performances under each MIPS performance category, names of eligible clinicians in Advanced APMs and, to the extent feasible, the names and performance of such Advanced APMs. Performance information for physicians is displayed using measure-level star ratings, percent performance scores, and checkmarks.

AMA Resources

The AMA has released a few new resources:

Reframing Compassion Fatigue: Compassion as a Tool for Combating Burnout

Dr. Rola Hallam, British-Syrian consultant anesthetist, humanitarian and founder of CanDo, a social enterprise that enables local, frontline health care workers to provide health care to their own war-affected communities, shares the story of her “valley of darkness” and how compassion can be a tool to combat burnout. Click here to listen.

Private Practice Simple Solutions: Support Staff Recruitment

This eight-week session focuses on recruiting and retaining support staff for your private practice. Session one available on demand, Session 2 launches March 28. Register here.

2022 Telehealth Impact Report

This newly updated report offers a thorough overview of AMA’s efforts to aggressively expand digital medicine advocacy, research, and resources to better understand the specific needs around telehealth and digitally enabled care.

Happy Doctor's Day - March 30, 2023

To all the physicians in Philadelphia County… Thank you for putting others first and making every day count in the lives of your patients. National Doctor's Day is held every year on March 30th. It is a day to celebrate the contribution of physicians who serve our country by caring for its citizens. In 1990, legislation was introduced in the House and Senate to establish a national Doctor's Day. Following overwhelming approval by the United States Senate and the House of Representatives, on October 30, 1990, President George Bush signed S.J. RES. #366 (which became Public Law 101-473) designating March 30th as "National Doctor's Day."

PCMS Members: Make your voice heard

Do you have a major issue affecting your ability to practice medicine? One of the most direct ways to help resolve it is to submit a resolution to the Pennsylvania Medical Society’s (PAMED) House of Delegates (HOD) through the PCMS delegation. It is important that PAMED knows the difficulties PCMS physicians face such as cumbersome regulations and barriers to the doctor-patient relationship. Also, if you would be interested in serving as a delegate or alternate delegate or getting more involved in planning society events, please let us know by sending us an email to [email protected].

Have you renewed your PCMS/PAMED membership?

Did you remember to renew your membership in The Philadelphia County and Pennsylvania Medical Societies? Members who have not renewed may no longer receive Philadelphia Medicine. Membership is free for medical students, residents and fellows, but you must renew each year.

If you have not done so already, you can renew your membership here.

Thank you for your continued membership and support. Together, we are stronger.

CONTRACT CORNER BRIEFS

by Karen E. Davidson, Esquire

CONTRACT TERMINATION QUESTIONS: We often receive questions about whether a physician must comply with the notice requirement of their contract. There are potentially significant pitfalls of not doing so. First, contracts often have built-in remedies for a physician’s failure to give appropriate notice. These include financial penalties, loss of incentive compensation and/or the obligation to pay for tail coverage (a pricey penalty) or other costs and/or expenses.

Second, while an employer may not be able to force a physician to work for the full notice period, if the employer incurs costs/expenses, it could seek them from the physician (potentially including locum tenens costs which can range from $1,500 - $2,500 per day or significantly more). Capturing those costs/expenses (in full or in part) could be through an offset of compensation owed to the physician (whether base or bonus), which is a provision included in most contracts, and/or seeking redress through a breach of contract action brought against the physician.

In situations where a physician must leave early due to a family emergency or health matter, we have seen most employers be understanding and release the physician early. Some physicians have chosen to take strategic action with a longer term goal in mind seeking an amendment to their contract to permit them to leave on shorter notice. Regardless of the circumstances, physicians should make sure they understand how their contract termination provisions operate and may impact them financially and from a liability standpoint.

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 connect you with Karen Davidson.

Calendar of Events

March

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

April

Mindfulness with Dr. Ana Maria Lopez

Date: Friday, April 14

Time: 12:00 PM

Jefferson is hosting a virtual educational program on mindfulness as a way to mitigate anxiety and fatigue:

Practicing mindfulness can assist with uncertainty about the future, depression, fear of recurrence and anxiety as well as mitigate physical symptoms such as fatigue, pain, and sleep disturbance. Dr. Ana Maria Lopez will lead us through some beneficial mindful techniques during this session.

Click Here to Register

The 12th Annual Clinical Update in Gastroenterology

Date: Saturday, April 29

Time: 8:00 AM - 12:50 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

September

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