Volume 119, No. 8: August 2023 Edition

They Said It...


"With Congressional August recess almost upon us, the AMA's top federal priority this summer is reforming Medicare's broken physician payment system. As many of you know, the August recess provides physician advocates with unique opportunities to engage with their members of Congress back home in the district." Joe Mayer, Manager for Political Education and Legislative Grassroots at the American Medical Association (AMA), providing an introduction for the AMA's 2023 August Recess Campaign webinar, held on July 27. The August recess is currently underway and ends on September 5. Check out the AMA's Fix Medicare Now Advocacy Hub to listen to the full webinar, view resources, and learn how you can engage policymakers.

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...

Philly patients at risk of benzodiazepine withdrawal

The Philadelphia Department of Public Health (PDPH) released a health alert last week regarding an influx of patients who have lost access to care following a Montgomery County clinician’s surrendering of their DEA license. Patients from Montgomery County as well as from Philadelphia and other surrounding counties have been affected. Most patients receiving controlled substances from this provider were receiving benzodiazepines and are at risk for life-threatening withdrawal.


The onset and duration of benzodiazepine withdrawal can vary, ranging from 24 hours to a couple weeks following abrupt discontinuation. Benzodiazepine withdrawal may be optimally treated with long-acting benzodiazepines, such as diazepam, clonazepam, or chlordiazepoxide. Patients receiving benzodiazepines without an appropriate indication may be treated with a benzodiazepine taper.

 

For further guidance, view the full health alert here. (PDF)

Fix Medicare Now campaign

The AMA is requesting your participation in its campaign for Medicare physician payment reform during the Congressional August recess.


According to an AMA analysis of Medicare Trustees data, Medicare physician payment has been reduced 26% adjusted for inflation from 2001–2023. The Medicare physician payment system lacks an adequate annual physician payment update, unlike those that apply to other Medicare provider payments. A continuing statutory freeze in annual Medicare physician payments is scheduled to last until 2026, when updates resume at a rate of 0.25% per year indefinitely, well below inflation rates.


Congress must work with the physician community to develop long-term solutions to the systematic problems with the Medicare physician payment system and preserve patient access to quality care.


Visit the AMA’s advocacy hub to learn more and take action.

HOD update

The House of Delegates webpage has been updated with the Official Call, candidate information, and resolutions. Written testimony is open for feedback and closes on Tuesday, September 5 at 4:00 PM.


Check it out at https://www.pamedsoc.org/HOD. Be sure to check the in-person roadmap or virtual pathway as well.

PDPH updates after-hours disease reporting process

PDPH’s Division of Disease Control (DDC) has made a change to the telephone line used for reporting immediately notifiable conditions during after hours, weekends, and holidays: (215) 686-4514. This telephone line now connects to a menu for the City of Philadelphia’s Information Technology Command Center. Healthcare providers and other partners who call (215) 686-4514 will need to:


  • Press 1 for Unified Dispatch
  • Ask to be connected to the Division of Disease Control On-Call Staff



If you experience any issues connecting with DDC On-Call Staff when calling (215) 686-4514 outside business hours, please notify PDPH at (215) 685-6741 during business hours (Monday through Friday, 8:30 AM–5:00 PM) and include the following details: date and time of the telephone call and menu option selected.

Guidance for variant influenza viruses

The Pennsylvania Department of Health (PADOH) released a health advisory earlier in the month regarding variant influenza viruses, which were recently identified in two people. One person was infected with influenza A H1N2v and the other with influenza A H3v following contact with swine at two different agricultural fairs. These variant influenza viruses do not normally infect humans, and infections generally do not spread person-to-person. Testing is required to distinguish variant influenza infections from other influenza or similar respiratory virus infections, and should be done for patients with influenza-like illness and swine exposure.


For detailed information, please see the full guidance. (PDF)

Doctors Lounge Lecture Series

The Philadelphia County Medical Society and College of Physicians of Philadelphia (CPP) are co-hosting a series of lectures to be held quarterly at the College of Physicians of Philadelphia building. The series is designed for socializing between PCMS and CPP members as well as learning from expert panelists on how to use one's medical degree to advance their goals in business, public health, leadership/administration, and politics. See our Calendar of Events section for information on the first program, to be held in November.

Philadelphia Block Captain Program – PCMS members welcome!

We’re hosting an event for Philadelphia block captains on the evening of Wednesday, October 4 at Independence Blue Cross. The program will include updates from the Philadelphia Department of Public Health and Philadelphia Corporation for Aging and will provide information on the upcoming flu season as well as the latest COVID vaccines. Former Surgeon General Dr. Jerome Adams will be joining as a special guest and will speak on health equity. All PCMS members are welcome and we encourage you to attend.

 

You can RSVP for the program here.

Comment period open for 2024 Physician Fee Schedule Proposed Rule

CMS has issued its proposed policies for the Quality Payment Program (QPP) in 2024 and can be viewed here. The comment period is open and will close on September 11. Proposed policies include the continued development and maintenance of MIPS Value Pathways (MVPs), supporting the use of digital measurement and health information technology, amending requirements for third party intermediaries, and updating the performance threshold.


Comments must be submitted either electronically (through regulations.gov) or by mail.


To learn more, see:


2024 Quality Payment Program Proposed Rule Fact Sheet and Policy Comparison Table (PDF)


2024 Proposed and Modified MVPs Guide (PDF)

CONTRACT CORNER BRIEFS
by Karen E. Davidson, Esquire

NON-COMPETES (AGAIN) – A TRANSACTIONAL PERSPECTIVE. While we await (likely into 2024) further developments (whether from the FTC, other federal regulatory agencies/authorities and/or the Pennsylvania legislature), non-competes continue to impose a strain on physicians personally and professionally within the Commonwealth. As discussed in previous Contract Corner Briefs, non-compete restrictions are often broadly and ambiguously worded. Such ambiguities often leave physicians with a great unknown; that is, whether a particular type of activity/job/location would be viewed (whether by the present or anticipated new employer) as a violation. Seeking the answer to ambiguity while employed can be problematic, in part, because asking a present employer about the extent of a non-compete tips the physician’s hand by telegraphing that they are potentially considering leaving. In addition, because a physician typically does not have much negotiating position while employed, the request is likely to be met with a “no.” Ambiguity in non-compete language can also make prospective employers skittish. Offers can be retracted out of concern for potentially problematic language; employers do not want to give former employers a basis for bringing a claim of tortious interference with business relations.


The “best practice” where non-competes are concerned is to clarify the scope of the noncompete restrictions when negotiating a contract. This could be a contract with a new employer or a new contract with a present employer. When negotiating, the goal is to garner more wiggle room for the physician and expand alternative employment options. While an employer may not be receptive to a wholesale reduction of a non-compete restriction (e.g., reducing the mileage of restricted geographic area), we have seen receptivity to certain clarifications (e.g., a limitation on locations from which the non-compete applies if, for example, a physician only sporadically covers a location). Such clarifications have freed-up physicians to look for positions that might previously have been violative. The time to think about updating/clarifying a non-compete is well-before a physician anticipates leaving a position or negotiating a new contract. Doing so can also provide a physician with peace of mind when signing a new employer’s contract since they require physicians to represent that they are not otherwise violating a non-compete and agree that they will pay all legal fees/expenses if there ultimately is a problem. Trouble for all involved! It may seem counter-intuitive, but contemplating where a physician could, or would want to, work if they left their present or anticipated new position should be performed before engaging in negotiations or signing any contract. 

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.

Calendar of Events

August

Indego Ambassador Biking & Fun Day at Bartram's Garden


Date: Sunday, August 27

Time: 10:00 AM - 4:00 PM

Place: Bartram's Garden, 56th Street, Philadelphia, PA 19143 (entrance near the Lindbergh and Wheeler Indego Station)


PCMS members are invited to attend this event, which will include biking, games, prizes, other activities, and refreshments. Participants will receive a 30-day Indego pass.


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

PCMS at the Philadelphia Distance Run


Date: Sunday, September 17

Time: 7:00 AM


PCMS members are invited to join the PCMS Running Team at the Philadelphia Distance Run (PDR), starting at the Philadelphia Art Museum. You can choose to participate in a 5K or half marathon.


Through a partnership with Students Run Philly Style, a co-owner of the PDR, a $15 discount is available for PCMS members. If interested, please let us know ASAP so we can get you the discount code. Final registration closes on September 16.

 

You can register and learn more here.

October

Philadelphia Block Captain Program


Date: Wednesday, October 4

Time: 7:00 PM - 8:30 PM

Place: Independence Blue Cross Building, 1901 Market Street, Philadelphia, PA 19103


The program will include updates from the Philadelphia Department of Public Health and Philadelphia Corporation for Aging and will provide information on the upcoming flu season as well as the latest COVID vaccines. Former Surgeon General Dr. Jerome Adams will be joining as a special guest and will speak on health equity.


Register Here

Introduction to Buprenorphine Prescribing in Primary Care


Date: Friday, October 27

Time: 8:30 AM - 4:30 PM


The Philadelphia Department of Public Health is offering a free MOUD 1-day preceptor program for primary care providers in Philadelphia. This program is developed to support providers who are interested in prescribing buprenorphine. This is the first part of a mini-residency program, followed by an individual on-site observation with an experienced faculty preceptor. 


Register Here

PAMED House of Delegates


Date: October 27-28

 

The HOD’s purpose is to democratically hear the diverse voices of the membership and, after deliberation and consideration, establish broad policy on health, medical, and governance matters.


Learn More

November

How to Improve Your Administrative Leadership Skills without an MHA


Date: Thursday, November 9

Time: 6:00 PM - 8:00 PM

Place: The College of Physicians of Philadelphia, 19 S 22nd Street, Philadelphia, PA 19103

 

The first of four programs in the Doctors Lounge Lecture Series. This program includes a reception, panel discussion and an open discussion period. Dr. Wilson Jackson, PAMED President, and Dr. Baligh Yehia, President of Jefferson Health, will be speaking at the event. Stay tuned for more information.

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Philadelphia County Medical Society | [email protected]
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