NY Chapter ACS News

ACS State Affairs Update: October 14, 2025

Tue, 14 Oct 2025 13:48:35 GMT

Legislative Updates on Key Issues to keep you Informed from the State Affairs Team

STATE AFFAIRS WORKGROUP

Arnold Baskies, MD, FACS (NJ); Ali Kasraeian, MD, FACS (FL); Kevin Koo, MD, FACS (MN); David Santos, MD, FACS (TX); and Kelly Swords, MD, FACS (CA). The Workgroup plays a critical role in identifying state advocacy priorities, setting new policy objectives, and evaluating state advocacy grant applications among other duties.

ACS STATE AFFAIRS PRIORITY ISSUES

Trauma System Funding and Development
Cancer Screening, Testing, and Treatment
Insurance and Administrative Burden
Professional Liability
Criminalization of Physician Care
Access to Surgical Care
Health Equity

IN THE NEWS

'Guilty until proven innocent': Inside the fight between doctors and insurance companies over 'downcoding'

Health insurers are automatically downcoding physician claims to a lower tier of reimbursement. Physicians must appeal each claim with documentation to defend their medical opinion. The practice of downcoding has taken off in the last few years as insurers used third party vendors and artificial intelligence programs to reduce costs. Read more here.

SCOTUS Hears Oral Arguments in Case Involving a Medical Malpractice Lawsuit

— Issue revolves around whether state filing rules apply if a case is heard in federal court

The United States Supreme Court heard a case, Berk v. Choy, involving a Florida man who injured himself while in Delaware and sued the physician who treated him arguing the treatment made his condition worse.

Delaware law requires an affidavit to be filed from an expert stating there are reasonable grounds the defendant committed malpractice to bring a lawsuit. When the plaintiff tried to file his lawsuit in Delaware without the affidavit, the case was dismissed. The plaintiff then filed in federal court, which handles malpractice cases between parties in different states. The question before the court was whether the plaintiff still needs to comply with the affidavit rule to have the case heard in federal court. Read more here.

For more information regarding ACS State Affairs Policy Priorities in your state, please contact Catherine Hendricks, State Affairs Manager, at chendricks@facs.org or Cory Bloom, State Affairs Associate, at cbloom@facs.org .

To view a complete list of bills ACS State Affairs is tracking, visit our online State Legislative Tracker: https://www.quorum.us/spreadsheet/external/QGjJBFIfORzJNAtlNvfp/

MSSNY Investigates Automatic Downcoding: Share Your Experience to Strengthen Advocacy

Wed, 08 Oct 2025 14:16:24 GMT

MSSNY is contacting physicians statewide to assess the impact of insurance companies’ automatic downcoding, a growing concern that undermines fair reimbursement and burdens physician practices. As of October 1, Cigna and Aetna are automatically downcoding claims.

Automatic downcoding occurs when insurers unilaterally reduce the level of a billed Evaluation and Management (E/M) service or procedure code without reviewing the physician’s supporting documentation. Instead, claims are automatically flagged and adjusted by internal algorithms based on coding guidelines or statistical norms. The outcome is reduced reimbursement, even when the billed service level was appropriate and supported by the medical record.

This practice has serious implications. For physicians, it means lost revenue, time-consuming appeals, and increased administrative workload. For patients, it threatens the sustainability of physician practices, particularly in underserved areas where margins are already thin. Automatic downcoding also raises broader concerns about fairness and transparency in claims adjudication, as it bypasses medical judgment and disregards the physician’s expertise.

By sharing your experiences, you will help MSSNY document the scope of this issue and determine whether further advocacy, regulatory engagement, or legal action is warranted. Submit your experiences here.

Fall 2025 Women Physicians Leadership Academy: Dollars and Sense

Mon, 06 Oct 2025 14:34:03 GMT

September is women physicians’ month. Celebrate and honor the achievements and contributions of women physicians by signing up for the Fall 2025 Women Physicians Leadership Academy, entitled “Dollars and Sense”.

Check out WPLA.US for more information on the Women Physicians Leadership Academy!

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates each live activity for a maximum of 3.0 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

ACS State Affairs Update: October 3, 2025

Fri, 03 Oct 2025 14:24:19 GMT

Legislative Updates on Key Issues to keep you Informed from the State Affairs Team

STATE AFFAIRS WORKGROUP

ACS STATE AFFAIRS PRIORITY ISSUES

Trauma System Funding and Development
Cancer Screening, Testing, and Treatment
Insurance and Administrative Burden
Professional Liability
Criminalization of Physician Care
Access to Surgical Care
Health Equity

NEW YORK

A 9103 – Prior Authorization

Introduced by Assemblymember Phara Forrest (D), A 9103 requires health insurers to provide an updated list of health care services requiring preauthorization to participating physicians; list must be developed with relevant medical specialty organizations and regional physicians; list must be updated annually with a 90-day notice to physicians. The bill was introduced in the Assembly and referred to the Insurance Committee.

To view a complete list of bills ACS State Affairs is tracking, visit our online State Legislative Tracker: https://www.quorum.us/spreadsheet/external/QGjJBFIfORzJNAtlNvfp/

Update on Medicare Operations: Telehealth, Claims Processing, and Medicare Administrative Contractors Status During the Shutdown

Fri, 03 Oct 2025 14:18:10 GMT

As of October 1, 2025, Medicare telehealth flexibilities granted during the COVID-19 Public Health Emergency have expired, rolling coverage back to pre-pandemic rules. MSSNY and the NY Chapter ACS urges New York physicians to review these changes, safeguard their practices, and engage in ongoing advocacy to preserve patient access.

Your Care is At Our Core Advocacy Campaign Launches in NY

Mon, 29 Sep 2025 14:32:08 GMT

The Medical Society of the State of New York is proud to launch the Your Care is At Our Core Campaign in partnership with the American Medical Association (AMA) to strengthen the bond between patients and their physicians, the foundation of health care.

Over the past few years, physicians have faced growing challenges ignited by battles over the COVID-19 pandemic, science and evidence-based care, and the prevalence of mis- and disinformation. These factors have distracted from what matters most – the connection between America’s physicians and their patients.

“Physicians are called to medicine to heal, to serve, and to advocate for their patients,” said AMA President Bobby Mukkamala, MD. “Yet increasingly, the bureaucratic red tape of health care is taking physicians away from their patients. Ensuring physicians have the time to give both personal and physical attention to those that they treat is essential for building a stronger health care system – one that supports our current and future physicians, empowers our patients, and bolsters the health of our communities.”

“In New York, physicians are united by a common purpose: to serve as our patients’ strongest allies in health and healing,” said MSSNY President David Jakubowicz, MD, FACS. “Yet too often, the time and trust at the heart of that relationship are eroded by bureaucratic barriers. Through the Your Care is At Our Core campaign, we are reaffirming that the physician–patient bond must remain the foundation of medicine. As a society, we are proud to stand with our members in advocating for policies that put patients first, and I invite every physician to renew their commitment and encourage colleagues to join us in this effort. Together, we can strengthen the future of health care in New York and beyond.”

The data speak for themselves – 89% of patients agree that the doctor-patient relationship is central to health care, and 79% of patients agree that red tape bureaucracy makes it harder for physicians to provide the best care to patients.

Physicians are fighting alongside their patients for less bureaucracy and more time. The NY Chapter ACS will support MSSNY and the AMA to amplify efforts through the Your Care is At Our Core campaign.

Urge Governor to Veto Latest Wrongful Death Bill and Preserve Patient Access to Healthcare

Fri, 26 Sep 2025 14:30:49 GMT

Despite Governor Hochul vetoing similar bills three times due to their impact on wrongful death damages and liability insurance costs, nearly identical legislation (S4423/A6063) has again passed the Senate and Assembly. MSSNY has joined with the NY Chapter ACS and 15 specialty societies to urge the Governor to again veto this legislation.

At the same time, it is imperative for physicians to individually urge the Governor to veto the Latest Wrongful Death Bill and Preserve Patient Access to Healthcare, pointing out that any legislation to update New York’s wrongful death law must be balanced to also bring down our extraordinary medical liability costs.

Please remind the Governor that this legislation is fundamentally at odds with the policy efforts of many who seek to protect and expand patient access to care. Moreover, it is even more untenable given the huge cuts to New York’s healthcare system as a result of the reconciliation bill out of Washington that will greatly increase New York’s uninsured population and create a several billion-dollar Budget gap.

In a recent opinion piece published in the Albany Times Union, MSSNY President David Jakubowicz writes, “New York already maintains the dubious distinction of being regularly ranked as one of the worst states in the country to be a physician. That is largely due to the extraordinary liability costs of practicing here: New York not only leads all other states but also exceeds California and Florida payouts combined. There are also very significant office overhead costs associated with practicing in New York.

“That’s why it is imperative that the Legislature and governor reject proposals that would exacerbate these already significant impediments to providing care in New York, particularly in underserved regions. For example, Gov. Kathy Hochul has appropriately vetoed legislation in each of the past three years that would have drastically increased awards in wrongful-death actions, and which would have increased liability premiums by 40%. She must again veto the nearly identical version of this bill that passed this year.”

Visit MSSNY's Oppose Huge Expansion in Medical Liability Toolkit to access ready-to-use images and posts — share them today to help amplify our message.

ACS State Affairs Update: August 22, 2025

Fri, 22 Aug 2025 14:36:16 GMT

Legislative Updates on Key Issues to keep you Informed from the State Affairs Team

STATE AFFAIRS WORKGROUP

ACS STATE AFFAIRS PRIORITY ISSUES

Trauma System Funding and Development
Cancer Screening, Testing, and Treatment
Insurance and Administrative Burden
Professional Liability
Criminalization of Physician Care
Access to Surgical Care
Health Equity

NEW YORK

A 9012 – Corporate Practice of Medicine

Introduced by Assemblymember Anna Kelles (D), A 9012 prohibits non-physician entities from controlling professional medical corporations; licensed physicians must hold majority ownership and governance; protects medical professionals from retaliation for reporting legal or regulatory violations. The bill was introduced in the Assembly and referred to the Corporations, Authorities, and Commissions Committee.

To view a complete list of bills ACS State Affairs is tracking, visit our online State Legislative Tracker: https://www.quorum.us/spreadsheet/external/QGjJBFIfORzJNAtlNvfp/

NY-ACS State Legislative Updates - February 21st

Thu, 27 Feb 2025 20:52:21 GMT

Visit our online State Legislative Tracker.

NEW YORK

A 443 – Step-therapy ENACTED

Introduced by Assemblymember John McDonald (D), A 443 limits the requirement for patients to try and fail on more than two drugs for the same condition before coverage is provided for the prescribed drug; prevents newly enrolled patients from repeating step-therapy protocols completed under a previous plan within the past year. Governor Kathy Hochul (D) signed the bill into law February 14.

A 2250 – Cancer ENACTED

Introduced by Assemblymember Emerita Torres (D), A 2250 mandates no-cost breast cancer screening and diagnostic testing for incarcerated individuals. Governor Kathy Hochul (D) signed the bill into law February 14.

A 5375 – Insurance

Introduced by Assemblymember David Weprin (D), A 5375 prohibits arbitrary time frames on reimbursement for anesthesia services. The bill was introduced in the Assembly and referred to the Insurance Committee.

A 5480A – Criminalization

Introduced by Assemblymember Harry Bronson (D), A 5480A protects health care practitioners from being charged with professional misconduct solely for engaging in legally protected health care activities. The bill was introduced in the Assembly and referred to the Judiciary Committee.

A 5724 – Cancer

Introduced by Assemblymember Michaelle Solages (D), A 5724 expands the health education curriculum to include breast cancer screenings, including age-appropriate instruction in performing self-examinations. The bill was introduced in the Assembly and referred to the Education Committee.

S 4850 – Cancer

Introduced by Senator Christopher Ryan (D), S 4850 requires health insurers to provide coverage for breast cancer screenings to individuals with second-degree relatives who have a history of breast cancer. The bill was introduced in the Senate and referred to the Insurance Committee.

S 4914 – Criminalization

Introduced by Senator Brad Hoylman-Sigal (D), S 4914 protects individuals who provide or receive legally protected health services from criminal, civil liability, or professional sanctions imposed by jurisdictions outside the state. The bill was introduced in the Senate and referred to the Children and Families Committee.

S 5241 – Utilization Review

Introduced by Senator Nathalia Fernandez (D), S 5241 prohibits utilization review agencies conducting a retrospective review or audit of a claim from reversing or altering a determination of medical necessity. The bill was introduced in the Senate and referred to the Insurance Committee.

ACS STATE AFFAIRS WORKGROUP

Arnold Baskies, MD, FACS (NJ); Ali Kasraeian, MD, FACS (FL); Kevin Koo, MD, FACS (MN); David Santos, MD, FACS (TX); and Kelly Swords, MD, FACS (CA).

The Workgroup will play a critical role in identifying state advocacy priorities, setting new policy objectives, and evaluating state advocacy grant applications among other duties.

ACS STATE AFFAIRS PRIORITY ISSUES

Trauma System Funding and Development
Cancer Screening, Testing, and Treatment
Insurance and Administrative Burden
Professional Liability
Criminalization of Physician Care
Access to Surgical Care
Health Equity

NY-ACS State Legislative Updates - January 30th

Fri, 31 Jan 2025 20:57:49 GMT

Visit the online State Legislative Tracker.

NEW YORK

A 2715 – Medicaid

Introduced by Assemblymember Karines Reyes (D), A 2715 expands Medicaid coverage to include bariatric surgery. The bill was introduced in the Assembly and referred to the Health Committee.

A 3265 – Artificial Intelligence

Introduced by Assemblymember Clyde Vanel (D), A 3265 mandates notifications when artificial intelligence is used in health care decisions; mandates protections against algorithmic discrimination and the right to data privacy. The bill was introduced in the Assembly and referred to the Science and Technology Committee.

A 3554 – Licensure

Introduced by Assemblymember Michaelle Solages (D), A 3544 requires health care providers on probation to disclose their status to patients; violations can result in a $2,000 penalty and license suspension. The bill was introduced in the Assembly and referred to the Higher Education Committee.

S 309 – STOP THE BLEED®

Introduced by Senator Steven Rhoads (R), S 309 requires schools to implement a bleeding control program which includes placing bleeding control kits in schools and integrating bleeding control kits into emergency planning; schools must conduct annual inspections of kits and replace components after use; provides Good Samaritan protections. The bill was introduced in the Senate and referred to the Education Committee.

S 310 – Cancer

Introduced by Senator Steven Rhoads (R), S 310 mandates coverage for breast cancer detection procedures including mammography and breast tomosynthesis; removes the age requirement for annual mammograms; mandates coverage for sonograms and breast ultrasounds when recommended by nationally recognized clinical practice guidelines. The bill was introduced in the Senate and referred to the Insurance Committee.

S 317 – Diversity Equity and Inclusion

Introduced by Senator Julia Salazar (D), S 317 requires bias awareness and elimination training for medical students and residents. The bill was introduced in the Senate and referred to the Health Committee.

S 354 – Telehealth

Introduced by Senator Gustavo Rivera (D), S 354 requires reimbursement parity between in-person and telehealth services. The bill was introduced in the Senate and referred to the Health Committee.

S 2676 – Step Therapy

Introduced by Senator Jamaal Bailey (D), S 2676 prohibits step therapy protocols for the use of drugs not approved by the FDA for the specific condition being treated; limits the duration of using a step therapy drug to no more than thirty days unless supported by treatment guidelines; prohibits step therapy if a drug was covered in the past year. The bill was introduced in the Senate and referred to the Rules Committee.

S 3104 – Insurance

Introduced by Senator Jeremy Cooney (D), S 3104 requires health insurers to provide coverage for bariatric surgery. The bill was introduced in the Senate and referred to the Judiciary Committee.

S 3186 – Professional Liability

Introduced by Senator Roxanne Persaud (D), S 3186 requires health care providers on probation to disclose their status and related details to patients; providers must obtain a signed receipt from patients acknowledging the disclosure; violations can result in a $2,000 fine and license suspension. The bill was introduced in the Senate and referred to the Higher Education Committee.

S 3242 – Professional Liability

Introduced by Senator Jeremy Cooney (D), S 3242 allows discovery of testimony for parties involved in legal actions related to medical review meetings. The bill was introduced in the Senate and referred to the Higher Education Committee.

S 3359 – Telehealth

Introduced by Senator Gustavo Rivera (D), S 3359 requires reimbursement parity between telehealth and in person services. The bill was introduced in the Senate and referred to the Health Committee.

S 3425 – Single Payer

Introduced by Senator Gustavo Rivera (D), S 3425 establishes a universal single-payer health care system. The bill was introduced in the Senate and referred to the Health Committee.

S 3559 – Cancer

Introduced by Senator Cordell Cleare (D), S 3559 requires mammography providers to notify patients of dense breast tissue to qualify as a medical necessity for health insurers to cover a breast ultrasound. The bill was introduced in the Senate and referred to the Health Committee.

ACS STATE AFFAIRS WORKGROUP

Arnold Baskies, MD, FACS (NJ); Ali Kasraeian, MD, FACS (FL); Kevin Koo, MD, FACS (MN); David Santos, MD, FACS (TX); and Kelly Swords, MD, FACS (CA).

The Workgroup will play a critical role in identifying state advocacy priorities, setting new policy objectives, and evaluating state advocacy grant applications among other duties.

ACS STATE AFFAIRS PRIORITY ISSUES

Trauma System Funding and Development
Cancer Screening, Testing, and Treatment
Insurance and Administrative Burden
Professional Liability
Criminalization of Physician Care
Access to Surgical Care
Health Equity

Deadline Approaching - Help Shape State Policies that Impact Surgical Care

Thu, 30 Jan 2025 16:37:33 GMT

As a member of the New York Chapter ACS, you have the opportunity to participate in the policymaking process of the state medical society.

Working alongside the Chapter's Board of Directors, any member can submit a resolution concept to be considered at the Medical Society of the State of New York (MSSNY) House of Delegate (HOD) meeting.

Policies set at the HOD meetings help define the agenda for MSSNY, giving guidance on projects to pursue, products to develop and issues to influence.

Submit your draft resolution to the Chapter by: January 31, 2025

> Resolution guidelines, samples and templates <

People First: Types of AI and How to Put Them to Work on Clinician Burnout and Health Disparities

Mon, 02 Dec 2024 18:19:44 GMT

By: Kevin Johnson, MD, MS, University Professor of Biomedical Informatics, Computer Science, Pediatrics, and Science Communication at the University of Pennsylvania; Vice President of Applied Clinical Informatics in the University of Pennsylvania Health System

Artificial intelligence (AI) isn’t new: The first neural network computer appeared in the early 1950s. Hype about AI revved up in the 1970s, but early iterations of AI stalled out through a combination of too much hype, too much complexity, and too little attention to the human element.

We can learn from prior AI failures, not to mention failures of EHR implementation, to successfully integrate certain types of AI into daily healthcare operations. We will not solve the clinician burnout crisis or achieve equity in healthcare using AI alone, but strategic applications of AI can assist us in both areas.

The cornerstones of successful AI implementation will be people: Those who envision, lead, and train, and those who reskill, adapt, and integrate AI tools into frontline care, whether for administrative or for patient-facing purposes.

Four Main Types of AI

Right now, generally speaking, AI works in one of four ways ... continue reading

Give Back to the Profession: Serve on a NY Chapter ACS Committee

Mon, 09 Sep 2024 15:58:01 GMT

We are seeking passionate and dedicated members to help guide the work of the NY Chapter ACS by serving on one of our key committees: Membership, Advocacy and Health Policy, or Education.

These committees are instrumental in shaping our chapter's future, from growing our membership and advocating for surgeons' interests to planning the 2025 surgical symposium and other impactful events.

If you are interested in volunteering your time and expertise, please fill out the application by Friday, October 4, 2024 and indicate which committee you'd like to join.

Apply Today!

FTC Ruling on Noncompete Clauses

Thu, 25 Apr 2024 19:49:33 GMT

This week, the Federal Trade Commission (FTC) issued a ruling agreeing with a 2023 ACS letter advocating for the ban of noncompete clauses from virtually all contracts. The FTC voted 3-2 to issue regulations enforcing this ban, which will take effect 120 days after publication.

While ACS and the Chapter applauds this vote, significant questions remain regarding the FTC’s jurisdiction over nonprofit entities, including nonprofit hospitals. Some experts question whether the FTC has the authority to issue this ban at all. The US Chamber of Commerce has filed suit in court to block
these regulations from implementation.

ACS Advocacy Efforts

The ACS is committed to aggressive advocacy for legislation banning noncompete clauses at the state and federal levels. We believe it is essential to limit the increasing control large corporations have over the healthcare system, which negatively impacts our members and the physician/patient relationship.

Our Chapter will also work closely with our legal counsel, Garfunkel Wild, PC to monitor how this ruling may impact New York's physicians.

To support our advocacy efforts at the national level, please urge your Members of Congress to support legislation banning noncompete clauses.

Visit surgeonsvoice.org to take action.

Thank you for your continued support and advocacy.

Grieving Families Act must be changed before being considered again

Mon, 12 Feb 2024 17:46:38 GMT

Letter to Editor
Times Union
February 12, 2024

As surgical leaders dedicated to ensuring access to care for all New Yorkers, we are compelled to respond to the ongoing conversation around expanding liability in wrongful death lawsuits. By vetoing the most recent iteration of the Grieving Families Act — a well-intended but fundamentally flawed proposal — Gov. Kathy Hochul showed herself as a true leader who is focused on protecting our communities and our health care system. While we acknowledge the potential benefits of updating the law, our primary concern lies in the way the bill was written and the unintended consequences that follow from such broad and subjective language. And while Hochul vetoed the bill last year, it will likely come up again in 2024.

Engaging Milliman Inc., a top actuarial firm, the medical community showed that this legislation will result in a daunting 40 percent increase in medical professional liability insurance costs. With New York state already burdened by some of the nation’s highest insurance premiums, this bill posed a severe threat to our health care system. Milliman’s findings were further supported by the state’s own Division of Budget, which estimated a staggering $214 million increase in medical liability expenses for state-supported hospitals alone.

As written, the vetoed bill overreaches and goes far beyond similar laws in other states and lacks essential guardrails. As conversations continue, our physician community stands ready to collaborate with policymakers to develop a more balanced approach that promotes justice without jeopardizing the stability of our health care system. We thank Hochul for vetoing this detrimental legislation and safeguarding access to care.

Dr. Jacob Moalem, FACS, is the president of the New York Chapter of the American College of Surgeons. Dr. Anthony Vine, FACS, is vice president of the chapter.

Responding to the Governor's Budget Proposals

Mon, 05 Feb 2024 17:49:01 GMT

The New York Chapter continues to advocate on behalf of surgeons and their patients by partnering with the Medical State Society of NY and specialty societies to share its concerns and supports for several proposals found in this year's Governor's Budget. Below is an at-a-glance of the issue. Visit our website to see all of the legislative proposals we are following.

Elimination of Physician Right to Bring a Claim Dispute to IDR Process
There is a proposal within Part H of the Governor's Executive Budget Health & Mental Hygiene bill that would eliminate the right of physicians to bring a claim dispute to the Independent Dispute Resolution (IDR) process for various public health insurance plans. The Chapter signed onto a joint letter opposing the prohibition to bring out of network Medicaid Managed care payment disputes to IDR.

Include Telehealth Payment Parity in Governor's Budget
The COVID-19 public health emergency triggered a significant, and necessary shift in how patients receive health care, with telemedicine becoming an essential lifeline for patients to consult with their physicians. It did not, however, replace the need for face-to-face visits. The law for payment parity is scheduled to expire on April 1, 2024. The Chapter signed onto a joint letter urging the Governor to make the telehealth payment parity law permanent for all physicians.

Repeal of Prescriber Prevails in the Budget
The Governor's budget includes a proposal that will repeal of the authority of physicians and other qualified prescribers to make a final determination regarding medication prescribed to individuals covered under Medicaid Fee-for-Service and Medicaid Managed Care, commonly referred to as “prescriber prevails.” The Chapter signed on to a joint letter opposing the advancement of this proposal.

New York State Legislature Approves Broad Liability Legislation: Implications for Healthcare System

Wed, 22 Nov 2023 17:54:20 GMT

The New York State legislature has recently passed legislation that promises to bring about significant changes in liability regulations. While the bill's intentions are commendable, concerns have been raised by the medical community regarding its potential impact on the healthcare system.

The approved legislation, although well-intended, poses certain challenges that need to be carefully evaluated. One of the primary concerns raised by the medical community is the potential increase in costs, which may prove to be unsustainable in the long run. Physicians and smaller healthcare facilities, in particular, could face financial difficulties in sustaining their operations under these new regulations.

It is crucial to strike a balance that maintains access to quality healthcare while mitigating the financial burden on healthcare providers. This requires an in-depth analysis of the legislation's implications and the identification of potential solutions that address the concerns of all stakeholders involved.

As the approved legislation broadens liability in the healthcare sector, it is imperative to carefully consider its impact on the industry. Ensuring access to quality healthcare remains paramount while finding viable solutions to address the financial challenges faced by healthcare providers. The ongoing dialogue between policymakers, medical professionals, and other stakeholders is crucial in achieving this delicate balance.

Learn more about the legislation and its implications.

AI and Healthcare: Past, Present, Promise, and Peril

Tue, 21 Nov 2023 15:58:48 GMT

The incorporation of Artificial Intelligence (AI) in the healthcare industry has been a hot topic in recent years. With advancements in technology and the increasing availability of data, AI has the potential to greatly improve patient care and outcomes. However, as with any new technology, some concerns and challenges need to be addressed.

In this insightful article by The Doctors Company and TDC Group, they delve into the past, present, and future of AI in healthcare. They aim to provide valuable insights for healthcare providers on how to navigate this rapidly evolving landscape.

The Potential of AI in Healthcare:

AI has shown great promise in areas such as diagnosis and treatment planning. Through machine learning algorithms and predictive analytics, AI has the ability to augment the expertise of healthcare professionals, leading to more accurate and efficient care.

Addressing Concerns and Challenges:

While the potential benefits of AI in healthcare are vast, healthcare providers must exercise caution and diligence. The article emphasizes the importance of carefully integrating AI into medical practices and ensuring that ethical considerations and patient privacy are prioritized.

As the healthcare industry continues to embrace technological advancements, AI holds significant promise for improving patient care and outcomes. However, healthcare providers must navigate this evolving landscape with caution and diligence. The article by The Doctors Company and TDC Group serves as a valuable resource, offering insights and guidance for healthcare providers looking to incorporate AI into their practices.

To learn more about the intersection of AI and healthcare, read the full article by The Doctors Company and TDC Group.

ACS State Legislative Update - October 27, 2023

Wed, 01 Nov 2023 16:11:15 GMT

For more information regarding ACS State Affairs Policy Priorities in your state, please contact Catherine Hendricks, State Affairs Manager, at chendricks@facs.org.

STATE AFFAIRS WORKGROUP

Arnold Baskies (NJ); Ali Kasraeian (FL); Kevin Koo (MN); and Kelly Swords (CA). The Workgroup will play a critical role in identifying state advocacy priorities, setting new policy objectives, and evaluating state advocacy grant applications among other duties.

ACS STATE AFFAIRS PRIORITY ISSUES

Trauma System Funding & Development
Cancer Prevention, Screening, and Testing
Insurance & Administrative Burden
Professional Liability
Criminalization of Physician Care
Access to Surgical Care
Health Equity

IN THE NEWS

10 Most Frequent Malpractice Allegations
Beckers provided the most common reasons physicians face professional liability allegations, according to Medscape’s 2023 “Physicians and Malpractice Report.”

1.     Failure to diagnose or a delay in diagnosis: 35%
2.     Complications from treatment or surgery: 27%
3.     Failure to treat or delayed treatment: 22%
4.     Poor outcome or disease progression: 20%
5.     Wrongful death: 15%
6.     Patient suffered an abnormal injury: 10%
7.     Errors in medication administration: 3%
8.     Improperly obtained or lack of informed consent: 3%
9.     Failure to follow safety procedures: 2%
10. Poor documentation of patient instruction and education: 2%

LEGISLATIVE TRACKING

To view a complete list of bills ACS State Affairs is tracking, visit our online State Legislative Tracker.

NEW YORK

A 8117 – Licensure

Introduced by Assemblymember Michaelle Solages (D), A 8117 provides for a $2,000 fine and license suspension if they fail to disclose their probationary status; the cause of the probation; the length of the probation and the end date; any practice restrictions placed on the licensee; and the address and telephone number of the licensee’s state board. The bill was introduced and referred to the Assembly Higher Education Committee.

Safeguard the integrity of our healthcare system and protect the interests of both patients and medical professionals

Tue, 03 Oct 2023 21:33:24 GMT

Last year, the New York state legislature passed a bill to expand the types of damages awardable in wrongful death actions which would result in a dramatic increase in professional liability insurance premiums. Although the bill was vetoed by Governor Kathy Hochul, new versions of the bill, A. 6698 and S. 6636, were introduced without adequately addressing the concerns physicians raised about the previous legislation. If signed into law, these bills would increase professional liability insurance premiums by nearly 40%.

We believe this legislation may have unintended consequences that could impact patient care, medical practitioners, and the overall quality of our healthcare system.

The New York Chapter of the American College of Surgeons is working with the Medical Society of the State of New York and other physician organizations, to ensure legal remedies for grieving families.

To make a significant impact, we are participating in a series of coordinated contacts to the Governor's office on October 4th and October 27th.

Call the Governor 's Office: 518-474-8390, press option 1 to voice your concerns.
If you are unable to call, we've created an email message for you to modify and send to the Governor.

Resources:

Attend Annual Business Meeting of Members at Clinical Congress

Thu, 28 Sep 2023 20:53:05 GMT

Members of the ACS are invited to attend the in-person only Annual Business Meeting of Members on Wednesday, October 25, at Clinical Congress in Boston, Massachusetts.

Activities will include reports from College leadership, presentation of several awards, and remarks from the newly installed President-Elect.

FRAUD ALERT: Be Cautious of Fraud Related to the New York State Department Of Health’s OPMC Oversight Process

Sat, 23 Sep 2023 20:57:38 GMT

The Office of Professional Medical Conduct (OPMC) has oversight of complaints about physicians, physician assistants and specialist assistants and monitors practitioners who are subject to orders of the State Board for Professional Medical Conduct.

Some physicians have reported being contacted by scammers.

These individuals pretend they are from the DOH, identify a threat to their professional license such as a suspension and then place pressure to act immediately to resolve the threat with monetary compensation.

Proceed with extreme caution. Here are some suggestions from MSSNY:

DOH never asks for credit card payment over the telephone or a wire transfer from a retail establishment such as Western Union.
Please secure all personal and financial information in response to unexpected requests and reach out to someone you trust to discuss further.
A legitimate contact from DOH will include contact information so you can respond to phone calls or letters; contact information for the DOH; a complete return mailing address; a specific explanation for why it was sent and an explanation of your rights.
Contact information for the Office of Professional Medical Conduct can be located on the DOH website at health.ny.gov/professionals/doctors/conduct/contact.htm .
If you have been contacted by a spammer, please report it to local law enforcement or the Federal Trade Commission.

Federal IDR Updates

Fri, 22 Sep 2023 20:59:53 GMT

(shared from MSSNY Pulse )

Federal IDR Initiation Fee of $150 Proposed for 2024
This week, the Departments of Health and Human Services (HHS), Labor, and the Treasury proposed a rule setting forth the fee for the federal Independent Dispute Resolution (IDR) process at $150 per party for CY 2024 – compared to $50 in CY 2022, and a proposed level of $350 in CY 2023, which was the subject of a District Court order.

Congressional Hearing Puts Spotlight on Flawed Federal IDR Implementation
This week, the US House of Representatives’ Ways and Means Committee held a widely attended hearing on the Implementation of the No Surprises Act. Both Republican and Democratic Members emphasized the law must be implemented as Congress intended, and expressed dismay over challenges associated with implementation, and unintended consequences on patient costs and access to care

ACS Comments on CMS Proposed Rules for 2024

Thu, 21 Sep 2023 20:54:58 GMT

The Centers for Medicare & Medicaid Services (CMS) released proposed rules for 2024 that could have implications for surgeon payment, inpatient versus outpatient procedures and coding, and more.

See how the ACS responded.

‘Conscience’ Bills Let Medical Providers Opt Out of Providing a Wide Range of Care

Thu, 07 Sep 2023 16:12:14 GMT

Twenty-one states introduced legislation this year to either institute or expand moral conscience laws called Medical Conscience Objection laws. These measures seek to protect health care professionals who refuse to perform an abortion or provide transgender services. The exception is emergency rooms, where the federal Emergency Medical Treatment and Labor Act takes precedence.

Background: In 1973, federal regulations known as the Church Amendments were implemented after the Supreme Court’s Roe v. Wade decision. Under the Church Amendments, any institution receiving funds from the federal Department of Health and Human Services may not require health care providers to perform abortion or sterilization procedures if doing so would violate their religious or moral principles. Additionally, providers who refuse to perform these services may not be discriminated against for their decision.

Why it matters:
While initially seeking to provide legal protections for health care professionals refusing to provide abortion or sterilization services, the bills introduced this year go even further to include contraception, gender-affirming care, and other services. (article)

ACS State Legislative Update - August 25, 2023

Tue, 29 Aug 2023 13:16:23 GMT

American Medical Association State Advocacy Roundtable

Earlier this month, the ACS State Affairs team attended the AMA’s State Advocacy Roundtable event for staff of state and national medical organizations. Over 30 state medical societies, represented by 55 staff, and 21 national medical associations, represented by 30 staff attended the event, along with 28 AMA staff.

Several topics were discussed during the three-day event, including prior authorization, scope of practice, physician unions, Medicaid, and non-compete clauses. Throughout the event, the AMA provided information and resources to assist the attendees as they discussed successful and not so successful campaigns in the state legislatures.

While the AMA provided many resources, the greatest takeaway from this meeting is making new and strengthening old relationships within the state advocacy ecosystem. Building those relationships only makes the ACS stronger when action needs to be taken in a state.

National Conference of State Legislatures

The ACS State Affairs team attended and hosted an exhibit at the 2023 National Conference of State Legislatures (NCSL) Legislative Summit in Indianapolis, Indiana. Each year, state legislators and their staff from across the country flock to the NCSL Legislative Summit to learn about policy trends and innovative solutions they can apply to legislative issues in their home state. For the past decade, ACS co-hosted an exhibit with other national medical organizations titled, “Physicians Advocating for Patients.” This year, the ACS State Affairs team took the opportunity to showcase the STOP THE BLEED® campaign through raffling off three enhanced STOP THE BLEED® kits. David Welsh, MD, FACS, currently serving on the ACS Board of Regents, was a special guest of the exhibit, and along with the ACS State Affairs team, was able to directly engage with over 40 state legislators and their staff.

Other participating medical organizations in the 2023 Physicians Advocating for Patients exhibit included the American Academy of Dermatology, the American Society of Anesthesiologists, the American Society for Dermatologic Surgery Association, the American Academy of Ophthalmology, the American Academy of Anesthesiologist Assistants, the Federation of State Medical Boards, the Interstate Medical Licensure Compact, the American College of Emergency Physicians, and the American Association of Orthopaedic Surgeons. Planning for the 2024 NCSL Legislative Summit is already underway and is scheduled to take place August 5-7 in Louisville, Kentucky.

LEGISLATIVE TRACKING

To view a complete list of bills ACS State Affairs is tracking, visit our online State Legislative Tracker.

Stopping Medicare Cuts | How to Close a Practice | Professional Development for Medical Students - ACS Brief: August 22, 2203

Thu, 24 Aug 2023 23:44:43 GMT

Mak e an Advocacy Impact at Home: Urge Lawmakers to Prioritize Physicians and Patient Access

While College leadership continues working to prevent Medicare payment cuts, you can use ACS resources and tools to advocate for ACS legislative priorities in your home state and Congressional districts.

New Practice Management Resources Provide Financial Planners and Detail Closing a Practice

The ACS Practice Management web page was recently updated with information on two topics of use for surgeons, including those in private practice: Certified financial planners and considerations for closing a practice.

Medical Students: Access Free National Professional Development Seminars

Medical students interested in advancing their knowledge in key clinical and professional developments areas are encouraged to take advantage of the free ACS National Professional Development Seminars for Medical Students.

ACS State Legislative Update - August 4, 2023

Fri, 04 Aug 2023 20:14:18 GMT

In New York | Visit our website for priority legislation

A 7901 – Scope of Practice

Introduced by Assemblymember Joahn McDonald (D), A 7901 provides for the licensure of naturopathic doctors; defines naturopathic medicine as primary health care, including specimen collection and ingestible sensors; allows them to be called “doctor”; the use of injection therapy (intravenous, intramuscular, intra-articular, subcutaneous, and intradermal), limited to a formulary of substances; prohibited from surgery as a medical procedure; emergency or trauma care. The bill was introduced and referred to the Assembly Higher Education Committee.

S 1679A – Scope of Practice

Introduced by Senator Michelle Hinchey (D), S 1679A provides for the licensure of naturopathic doctors; defines naturopathic medicine as primary health care, including specimen collection and ingestible sensors; allows them to be called “doctor”; the use of injection therapy (intravenous, intramuscular, intra-articular, subcutaneous and intradermal), limited to a formulary of substances; prohibited from surgery as a medical procedure; emergency or trauma care. The bill was introduced and referred to the Senate Higher Education Committee.

IN THE NEWS

New law addressing Alabama’s physician shortage takes effect August 1

Senate Bill 155, The Physician Workforce Act signed into law by Governor Kay Ivey (R) May 23, takes effect August 1. Designed to address the state’s physician shortage, the new law:

removes the Special Purpose Exam (SPEX) requirement for out-of-state physicians;
allows international medical graduates (IMGs) to apply for a state medical license a year earlier in training; and
creates a program where graduate physicians — those who did not match to a residency program — can practice under a supervising physician as they wait to reapply for residency.

Background: The law is to alleviate the physician shortage to recruit new physicians and retain those already working in the state. The bill is the result of discussions with members of the Medical Association of Alabama. The Alabama Board of Medical Examiners will begin drafting regulations to govern the graduate physician program.

Why it matters: The physician workforce is dwindling in the state and legislators believe by removing some of the barriers to licensure, they will be able to attract and retain more physicians.

Office of Inspector General (OIG): High Rates of Prior Authorization Denials by Some Plans and Limited State Oversight Raise Concerns About Access to Care in Medicaid Managed Care

Three factors raise concerns about Medicaid managed care organizations use of prior authorization inappropriately delay or deny care for Medicaid enrollees:

The high number and rate of denial of prior authorization requests;
The limited oversight of PA denials in most states; and
The limited access to external medical reviews.

Background: Medicaid managed care organizations (MCOs) ensure enrollees have access to covered services. Allegations the MCOs are inappropriately delaying or denying care for thousands, including treatment for cancer and cardiac conditions.

Why it matters: More state oversight is needed to ensure Medicaid enrollees have access to medically necessary and covered services. States should: review the appropriateness of MCO prior authorization; collect data on MCO prior authorization decisions; work to identify and address inappropriate prior authorization denials. Read the OIG report.

ACS State Legislative Update June 23, 2023

Fri, 23 Jun 2023 20:24:32 GMT

In New York | Visit our website for priority legislation

A 6697B – Professional Liability ENACTED

Introduced by Assemblymember Helene Weinstein (D), A 6697B amends state law regarding professional liability damages to include: reasonable funeral expenses; reasonable medical care, including but not limited to doctors, nursing, attendant care, treatment, hospitalization of the decedent, and medicines; grief or anguish caused by the decedent's death; loss of love, society, protection, comfort, companionship, and consortium; and loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent's death. Governor Kathy Hochul (D) signed the bill into law June 22.

IN THE NEWS

American Medical Association (AMA) House of Delegates (HOD)

The American College of Surgeons delegation to the AMA HOD introduced and supported a resolution regarding confidentiality of quality assurance (QA) titled, Resolution 254 – Eliminating the Party Statement Exception in Quality Assurance Proceedings.

The Resolution was written in response to a recent legal decision in New York (Siegel v. Snyder) that broadened discoverability of QA proceedings. Previously, only statements proven to have been made by parties to a case (defendants) were discoverable. Since the Snyder ruling, all statements at QA proceedings are discoverable unless they can be proven to not be a defendant’s statement.

As a result, a growing number of medical centers no longer allow physicians who were involved in medical events to share their perspective in QA meetings, greatly diminishing the effectiveness of these sessions and increasing the risk of liability.

The Resolution asked for two specific things pertaining to this incredibly timely and important shift: 1.) ask the AMA to reaffirm and strengthen its current position to highlight the importance of in support of the QA privilege; and 2.) advocate for the elimination of the Party Statement Exception, which is the root of the loss of speaker protection.

The Resolution received testimony of support in Reference Committee B and the full HOD voted to Adopt. The Resolution had the support of the following groups: American College of Surgeons, American Academy of Otolaryngology – Head and Neck Surgery, American Academy of Orthopaedic Surgeons, American Academy of Ophthalmology, American Society of Plastic Surgeons, the Medical Society for the State of New York, and American Urological Association.

Remote Patient Monitoring

Recent studies are showing the benefits of remote patient monitoring (RPM) as a specific telehealth modality for tracking patient recovery in the comfort of their own home. Coverage during the COVID public health emergency allowed for RPM utilization and study.

Thirty-four state Medicaid programs provide reimbursement for RPM, but most have some type of restriction (must be a home health agency, restricting the clinical conditions and the type of symptoms to be monitored). The Center for Connected Health Policy is tracking RPM telehealth policy at both the state and federal level and can be viewed on their website.

State Legislative Action to Lower Pharmaceutical Costs

The cost of prescription drugs has been a priority for state legislatures across the country in 2023. The National Academy for State Health Policy has a tracker with the latest information on state legislation, including state legislation on pharmacy benefit managers, importation, and consumer cost sharing. View the map here.

ACS State Legislative Update – June 2, 2023

Fri, 02 Jun 2023 20:31:02 GMT

In New York | Visit our website for priority legislation

On June 6th, the New York State Legislature passed Assembly Bill (A) 6698 and Senate Bill (S) 6636, also known as the Grieving Families Act, which would expand the types of damages awarded in a wrongful death lawsuit without caps on damages. If signed into law, these bills will increase medical malpractice insurance premiums in the state of New York by nearly 40 percent and therefore increase overall healthcare costs to the patient. In partnership with the Medical Society of the State of New York (MSSNY) and other physician organizations, the New York Chapter of the ACS campaigned against the legislation. While there is a chance Governor Hochul could veto the Grieving Families Act, the New York State Legislature has enough votes to override her veto. Efforts will now be focused on urging the Governor to veto the legislation as well as educating members of the New York State Legislature of the negative impact these bills could have on the delivery of surgical care in the state.

K 647 – Cancer

Introduced by Assemblymember Linda Rosenthal (D), K 647 asks Governor Hochul to proclaim November 11, 2023, as Lung Cancer Screening Awareness Day in the state. The bill was introduced and referred to the Assembly Calendar.

IN THE NEWS

Shortage of non-sterile, single-use pneumatic tourniquet cuffs

The FDA issued a letter to healthcare providers about localized shortages of non-sterile, single-use pneumatic tourniquet cuffs, which are mostly used in elective limb surgeries and in emergency settings; the agency recommended that healthcare providers use alternative devices or reuse existing devices after sterilizing them. Read the FDA notice here.

Stop Harmful Malpractice Bills That Increase Professional Liability Premiums!

Wed, 17 May 2023 23:25:26 GMT

Earlier this year, a bill passed by the state legislature greatly expanding damages awardable in wrongful death actions was vetoed by Governor Kathy Hochul. New versions of the bills, A.6698 and S.6636, were recently introduced without addressing any of the real concerns physicians raised about the previous legislation. This legislation will enable the awards of new categories of damages, expand the statute of limitations, and result in nearly 40% growth in liability costs.

State lawmakers only have until June 8th to act on this bill.

Surgeons cannot work in an environment where the state legislature increases their already enormous liability insurance cost burden, which exceeds every other state in the country. Worst of all, these costs disproportionately impact physicians working in underserved communities.

Please contact your local Assemblymembers and Senators urging them that renewed legislation to update New York’s wrongful death law must be balanced to address the extraordinary medical liability costs in our state.

What We're Reading

AMA: One in Three Physicians Previously Sued in Their Career
Nearly half of physicians age 55 and over have been sued in an inefficient system where most claims are dropped or decided in favor of physicians

A new analysis shows the widest variation in claim frequency is attributed to the medical specialty that defines the clinical focus of a physician. In general, surgical specialties are at highest risk. Obstetricians/gynecologists (ob-gyns), general surgeons, other surgeons and orthopedic surgeons are at highest risk of being sued during their careers.

Given the heavy cost associated with a litigious climate and the significant financial toll it takes on the nation’s health care system, the AMA continues to work with state and specialty medical associations and other stakeholders in pursuit of both traditional and innovative medical liability reforms that strike a reasonable balance between the needs of patients who have been harmed and the needs of millions of Americans who need affordable, accessible medical care.
Medical Liability Reform– Now!

NY Chapter Hosts STOP THE BLEED® TRAINING IN ALBANY

Thu, 11 May 2023 23:12:07 GMT

On Wednesday, May 10, 2023, the New York Chapter hosted a training at the New York State legislative offices. The event was sponsored by Senate Health Committee Chairman, Senator Gustavo Rivera. Attendees included representatives from the Senate, Assembly, the Medical State Society of New York, and other interested stakeholders. As a result of the training, legislative offices are interested in learning more about hosting trainings in their districts. The Chapter continues to support legislation (A3868) that would place STB kits in schools across New York.

Additionally due to the Chapter's efforts, the Governor Hochul has officially proclaimed May as STOP THE BLEED month in New York!

We look forward to making this an annual event.

THANK YOU!
The Chapter is grateful to the NY Division of the New York State Trauma Society for helping to coordinate, volunteer and provide the free training. We'd also like to thank Kurt Edwards, MD, FACS, Chief of the Division of Trauma and Critical Care in the Department of Surgery at Albany Medical Center for providing opening remarks and helping to advocate for efforts to advance STB in the state.

What happens after the career-beginning milestone of matching into residency?

Thu, 16 Mar 2023 18:40:42 GMT

The ACS Committee on Medical Student Education is hosting a free webinar, “What to Expect Now That You’ve Matched,” Wednesday, March 29, 7:00–8:00 pm CT, to mark this momentous occasion. The webinar will feature a panel of residents:

Nikhil Bellamkonda, MD | University of Utah | Otolaryngology
Ryoko Hamaguchi, MD | Mass General Brigham | Plastic surgery
Jacob Mago, MD | Albany Medical College | General surgery
Paulina Villanueva, MD | The Ohio State University | Vascular surgery
Midori White, MD | The Johns Hopkins Hospital | General surgery

Attendees will be able to submit questions ahead of time when they register, as well as submit questions to the panelists during the live session.

For those unable to attend, a recording of this webinar will be posted on the National Professional Development Seminars for Medical Students webpage.

Register in advance to participate. Once registered, you will receive a confirmation email containing the information necessary to join the webinar.

For more information, contact Cassie Buchignani at cbuchignani@facs.org.

Improving Your Outcomes with the Surgeon Specific Registry

Thu, 16 Mar 2023 18:32:28 GMT

The ACS SSR™ is an online quality improvement tool and software application database that allows surgeons to track their cases and outcomes in an easy-to-use manner from their computer or mobile devices (iOS and Android). When performance can be tracked, outcomes can be improved. Clinically relevant data collection informs meaningful data review with several analytics and report functions being available in realtime. A new feature is the SSR Practice Improvement Initiative you can enroll in under SSR, Form Management, Clinician Form, Preferences, check PII.

For ACS members, the SSR is free of charge (discount will be applied after ACS login); for non-members the annual subscription fee is $299.00.

Improve your practice and participate in the SSR Practice Improvement Initiative.
Use case logging for the individual surgeon.
Easily record cases and outcomes within a matter of minutes entering key clinical data variables.
Improve your practice using benchmark and real-time online reports.
Delegate account access and create custom fields.

Visit the ACS website or more information about the Surgeon Specific Registry or e-mail SSR@facs.org.

Apply for 2023 Nizar N. Oweida, MD, FACS, Scholarships

Sun, 05 Mar 2023 19:31:00 GMT

The American College of Surgeons (ACS) has announced the availability of the Nizar N. Oweida, MD, FACS, Scholarships for surgeons who serve small communities. This program provides up to three awards of $5,000 each to subsidize the participation of a Fellow or Associate Fellow serving a small community. Awardees will either attend Clinical Congress or may propose a plan for additional training or research appropriate to a rural surgeon.

Eligibility

The Oweida Scholarships are available to an ACS member in any surgical specialty who meets the following requirements:

Is a Fellow or Associate Fellow under age 55 on the date the application is filed
Serves a small town or rural community in the U.S. or Canada

The deadline to apply is April 15, 2023.

Learn more

January 23rd Deadline: 2023 ACS Leadership and Advocacy Summit Resident Travel Award

Thu, 12 Jan 2023 17:00:00 GMT

The American College of Surgeons (ACS) is pleased to offer a limited number of scholarships to Resident members of the American College of Surgeons who are interested in attending the upcoming Leadership and Advocacy Summit, taking place at the Grand Hyatt Hotel in Washington DC, April 15-18, 2023.

This annual Summit is a dual meeting that offers volunteer leaders and advocates specialized educational sessions focused on effective surgeon leadership,interactive advocacy training and coordinated visits to Congressional offices.

This scholarship award will cover up to $500.00 in housing and transportation costs. This may also include your registration fees, but it may NOT cover food/beverage charges as all meals are provided at the conference.Note: you must be aU.S.Resident member in good standing with ACS to be eligible for one of these scholarships.

As in previous years, scholarships will not be distributed on a “first come, first serve” basis. Rather, scholarships will be awarded to a broad representation of all facets of ACS Resident members. Special consideration will be given to first time attendees of the Leadership & Advocacy Summit, as well as candidates in the senior years of their residency programs.

There will also be an expectation that scholarship recipients must stay for all programming on Sunday, April16th and Monday, April 17th, with preference given to those planning to stay through the Congressional Lobby Day on Tuesday, April18th.

In years past, there were over 75 Resident scholarship award winners join us in Washington, DC to make their voices heard for surgery! So,if you are interested in applying, don’t delay! Please email D’Arcey Johnson (DJohnson@facs.org) before Monday, January 23, and include the following information:

Your name

Your contact information(address, email, phone no., cell no.)

Your institution and year of residency

A brief summary (no longer than one page) explaining why this opportunity interests you,what you hope to gain from it, and how you plan to utilize the knowledge you obtain.

Your proposed travel dates

Scholarship winners will be announced on/before Monday,January 30,2023, in order to give you ample time to register and make travel arrangements.

For more information on the conference, including registration info (registration open slate January) and hotel information, visit: https://www.facs.org/advocacy/participate/summit.

If you have any other questions, please do not hesitate to contact D’Arcey at djohnson@facs.org.

Governor Delivers State of the State Address

Wed, 11 Jan 2023 17:56:13 GMT

On January 10th, Governor Hochul gave her one-hour long State of the State Address to a full Assembly Chamber.

The 275-page book can be found here outlining 147 distinct proposals. The Governor made a commitment not to raise income taxes in 2023 and is looking to stem the exodus of NY residents.

The Governor's Health Care proposals are focused in several key areas:

Commission on Future of Health Care
Health care transformation funding and funding for technology
CON Reform
Expanding health care coverage
Workforce Issues: Reforming traveling nurse agency practices including registration and reporting key data
Curbing Tobacco Use

The next step will be for her to deliver the Executive Budget Presentation.

Reports indicate this will occur on February 1st.

2023 NYS Legislative Session Begins - Committee Leadership Changes Announced

Fri, 06 Jan 2023 17:48:13 GMT

January 4th was the opening day of the 2023 legislative session. While leadership in both the Senate and Assembly remained the same with Senator Andrea Stewart-Cousins voted as the Senate Majority Leader and Democratic Assemblyman Carl Heastie voted as Speaker of the Assembly, there were notable changes in several important committees:

Assemblymember Amy Paulin (D-Scarsdale) is the new chair of the Assembly Health Committee, replacing Richard Gottfried who retired.
Assemblymember Pat Fahy (D-Albany) is the new chair of the Assembly Higher Education Committee, replacing Assemblymember Deborah Glick who has become chair of Assembly Environmental Conservation Committee.
Assemblymember David Weprin (D-Queens) is the new chair of the Assembly Insurance Committee, replacing Kevin Cahill who lost re-election.

The Assembly Majority Leadership and Committee Chairs can be found HERE.

The Senate Majority Leadership can be found HERE and Committee Chairs found HERE

To see when the legislature is in session, you can view the calendar online: https://nyassembly.gov/leg/calendar/

Call to Action! Urge Gov Hochul to Veto Liability Expansion Legislation

Sat, 03 Dec 2022 14:24:52 GMT

At the conclusion of the NYS legislative session, the Senate and Assembly (S74a/A6770) passed the “Grieving Families Act” or the Wrongful Death Legislative Liability Expansion.

If enacted, the Grieving Families Act will:

Make it much easier to file wrongful death lawsuits by nearly doubling the statute of limitations and expanding the criteria for who can file wrongful death lawsuits.
Leave the decision regarding awards to the jury, without a cap on what can be awarded.
Result in substantial increases to medical malpractice premiums (and all other insurance premiums, as well).

This bill, anticipated to be addressed before the end of the year by the Governor, will have a substantial and negative impact on patients and healthcare professionals in New York State. If enacted, surgeons could see a projected 40% increase in medical liability premiums.

Contrary to other states that have enacted such laws, this bill does not provide for a cap on the amount of damages that can be awarded in medical malpractice lawsuits. Importantly, this legislation would apply to not only healthcare but to cases across all sectors of the economy and on local governments and municipalities.

What’s Needed: A Veto and More Clarification

The Bill language is too vague about who’s eligible to recover damages and the types of damages recoverable.
The Bill also lacks important damages caps adopted by other states with similar laws.
Governor Hochul’s veto offers the Legislature the opportunity to clarify ambiguous elements in the Bill and bring NY into alignment with other states that have applied necessary and reasonable restrictions to similar legislation.
We need every surgeon to act through the Surgeons Voice and urge Governor Hochul to veto the Wrongful Death Bill (S74A). You can also call the Governor’s Office at (518) 474-8390

What the Bill Does

S.74A/A.6770 would amend the estates, powers and trusts law, to expand the damages available in wrongful death cases to include:

Compensation for grief or anguish,
The loss of love and companionship,
Loss of services and support and
The loss of nurture and guidance.

The legislation also expands with no limit the universe of individuals who may recover damages to include the undefined and unclear term “Close Family Members”.

The legislation nearly doubles the statute of limitations for wrongful death actions from 2 years to 3.5 years.

It should be noted that in the instance negligence results in death, current law does allow for the decedent’s estate to bring a lawsuit to recover economic damages and non-economic damages, suffered by the decedent before he or she died. Current law also allows family members of the decedent to bring a separate lawsuit to recover from the wrongdoer the family’s economic loss.

NYS DOH Extends Cultural Competency CME Requirements

Fri, 28 Oct 2022 16:25:05 GMT

The New York State Department of Health has extended its completion deadline for the cultural competency CME requirements to November 1, 2022 for physicians and other network providers of Medicaid Managed Care plans. The requirement stems from the Mainstream Medicaid Managed Care, HIV Special Needs Plans, and Health and Recovery Plans Model Contract Section 15.10(c) requires that the MMCP “...ensure the cultural competence of its provider network by requiring Participating Providers to certify, on an annual basis, completion of State-approved cultural competence training curriculum, including training on the use of interpreters, for all Participating Providers’ staff who have regular and substantial contact with Enrollees.”

DOH’s notification indicates the requirement can be fulfilled through courses offered by US Department of Health and Human Services (HHS), Office of Minority Health, Think Cultural Health. Only 1 of the 3 courses is necessary to fulfil the requirement.

Attached is a previously published DOH letter to Health Plan Administrators with more details about the requirements.

ACS Hosts Medical Summit on Firearm Violence Prevention

Thu, 15 Sep 2022 10:17:02 GMT

Approximately 50 organizations came together this weekend at ACS headquarters in Chicago to develop recommendations addressing firearm violence in the US. The summit builds on the work stemming from the inaugural Medical Summit on Firearm Injury Prevention in 2019.

Learn more

Cultivating a Culture of Safety in Healthcare: Four Experts Tell Us Their Stories

Tue, 06 Sep 2022 19:36:20 GMT

David L. Feldman, MD, MBA, FACS, Chief Medical Officer, The Doctors Company and TDC Group

Despite more than 20 years of focus on patient safety, many hospitals and healthcare professionals still struggle to create an environment that engenders patient safety and reduces harm. Many medical professionals encounter a confusing array of programs and tools that are touted as necessary, such as team training, simulation, root cause analyses, and efforts to promote a just culture. They struggle with deciding where to focus and whether to recruit support from senior leadership or buy-in from other clinicians. At TDC Group, we believe there are four elements to creating a culture of safety, and everything begins with mutual respect. We then focus on optimizing how people, teams, and systems function, understanding how people think to keep them engaged during training, and finally, being sure that all providers are viewed through a just-culture lens. To help us explore each of these areas, I asked four experts for their stories from the trenches for the TDC Group Leading Voices in Healthcare podcast series. Each of these longtime patient safety leaders has deep experience in organizational change.

Building Mutual Respect in a Culture of Safety

When I interviewed Michael Brodman, MD, Professor and Chair Emeritus in the Raquel and Jaime Gilinski Department of Obstetrics, Gynecology and Reproductive Science at the Icahn School of Medicine and Senior Vice President for Professional Excellence, Mount Sinai Health System, New York, NY, he described some of the wakeup calls that showed him the connection between mutual respect and patient safety. One happened years ago: “We did a survey on the labor floor. And this was shocking: 75 percent of the nurses said that if they saw a doctor doing something wrong, they wouldn’t say something,” because “they were afraid that somebody would yell at them or they’d get fired.” But after five-plus years of work on the institution’s culture, that figure had dropped to between 10 and 15 percent: “Basically, the point was, the nurses felt comfortable working on the floor.” Dr. Brodman says that when the labor floor team “created a just, level playing field, morale went up, and not surprisingly, adverse outcomes went down.”

To hear more of the story behind the creation of the Mount Sinai Code of Professionalism, listen to my conversation with Dr. Brodman.

High-Performance Teams—Crucial for a Culture of Safety

Once upon a time, Michael Leitman, MD, Professor of Surgery and Medical Education and Dean for Graduate Medical Education at the Icahn School of Medicine at Mount Sinai, New York, NY, traveled with his team into the then-unknown world of TeamSTEPPS® training when they decamped from Mount Sinai Beth Israel in New York to Virginia for a week.

Dr. Leitman told me some of what he’s learned about high-performance teams over his years as a surgeon, as an institutional leader, and as a medical educator. His experiences highlight the value of performing a readiness assessment prior to training, the struggle to overcome team member skepticism, and the value of reaching medical professionals early in their careers. He thinks that residents need to understand that "essential to patient safety is teamwork and interprofessional performance. It’s just part of the way we practice caring in hospitals—with the complexity of healthcare being what it is, that is just essential.”

To continue your journey with your own high-performance team, listen to my conversation with Dr. Leitman.

To Build a Culture of Safety, Use Human Factors Engineering

Amish Aghera, MD, emergency medicine physician and the Director for the Center for Clinical Simulation and Safety and the Simulation Fellowship at Maimonides Medical Center in Brooklyn, NY, had what he described as “an existential moment” when testing revealed that medical residents were retaining a lower proportion of his training content than he’d hoped. He thought, “Am I just bad at this thing? Are our residents bad? And you know, the truth was neither. It just has to do with how we think as human beings.” From there, seeking training methods “to keep people engaged,” Dr. Aghera honed his skills in simulation training, and then in human factors engineering, which creates physical workspaces and workflows to support clinical decision making, teamwork, and patient safety. Dr. Aghera describes a variety of potential system interventions that institutions can consider, from the very low-tech to the innovative high-tech.

Dr. Aghera also addressed the necessity of considering large-scale organizational factors to make change: “Who are the people who are going to get things moving at a higher administrative level . . . and who are you going to work with? Who’s that working coalition, so to speak?” To learn more about simulation training, human factors engineering, and organizational change, listen to my interview with Dr. Aghera.

Just Culture Enables a Culture of Safety

Elizabeth Duthie, RN, PhD, told me, “I always like to tell clinicians who are joining us that we expect that despite their best well-intentioned efforts, that errors are going to occur. Because that’s what happens to humans.” Dr. Duthie, Director of Patient Safety at Montefiore Medical Center, Bronx, NY, discusses how important a just culture is to creating a culture of safety. “If something bad happens, we want to learn from it,” she says—and in the absence of a just culture, many risks and near-misses go unreported. Dr. Duthie emphasizes that clinicians and staff need to experience psychological safety to report, and also to see the benefits of reporting risks. This includes knowing they can count on reliable follow-up: “When they put in an event report and it goes into a black hole and they never hear back from it, it says to them, ‘What I have to say doesn’t matter.’”

While just culture has always been critical to safety culture, many are particularly aware of this need today, given the recent criminal conviction of a former nurse for a medical error, which Dr. Duthie and I discussed. To learn more about the journey to a just culture, listen to my interview with Dr. Duthie.

The guidelines suggested here are not rules, do not constitute legal advice, and do not ensure a successful outcome. The ultimate decision regarding the appropriateness of any treatment must be made by each healthcare provider considering the circumstances of the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.

As Telemedicine Best Practices Emerge, Assess Your Practice

Tue, 02 Aug 2022 15:05:30 GMT

David L. Feldman, MD, MBA, FACS
Chief Medical Officer, The Doctors Company and TDC Group; Senior Vice President, Healthcare Risk Advisors

Early in the pandemic, I heard an obstetrician say that a medical setting was the last place many patients were willing to go. As a result, he was checking on prenatal patients using telemedicine. With questions about standard of care in mind, I gathered obstetric leaders into a meeting group where providers discussed ways to safely utilize phone and video modalities to continue prenatal care beyond the pandemic. Would this modality, necessary in a time of crisis, be continued in the “new normal”?

Surgical specialties present an unexpected number of opportunities for remote care, from consultative conversations all the way through postoperative evaluations. For instance, many post-op evaluations can relocate to the telemedicine space, where questions like how the wound looks and drain output can be evaluated.

Such uses of telemedicine, when appropriate, improve the patient experience, and sometimes patient safety. After all, post-op patients don’t want to leave home, and sometimes safety is an issue. I know I’m not the only one who has ever made a house call during icy weather. If we use good clinical judgment, we can offer a version of the post-op house call to some patients with arguably comparable or improved patient safety.

Read the complete article

Chapter Joins Forces with MSSNY and Specialty Societies to Urge Governor to Veto Wrongful Death Lawsuit Expansion Bill

Fri, 29 Jul 2022 15:08:51 GMT

The Chapter, along with MSSNY and 14 Specialty Societies, sent a letter urging the Governor to veto the wrongful death lawsuit expansion bill:

“Our respective associations, which together represent tens of thousands of physicians across the state of New York providing care to hundreds of thousands of New Yorkers each year, urge you to recommend a veto of the above-referenced legislation that would exponentially expand damages and lawsuits for ‘wrongful death’ by including compensation for grief or anguish. The explosive increase in liability costs that expansions like this bill would necessitate would cause significant damage to our healthcare safety net, driving physicians out of state, and exacerbate the already challenging patient access to care issues we face."

Access a copy of the letter

ACS Brief - ACS Fellow Chosen as NCI Director

Wed, 27 Jul 2022 15:36:01 GMT

Read the entire issue

President Biden Chooses ACS Fellow to Direct NCI

Renowned cancer surgeon Monica M. Bertagnolli, MD, FACS, from Boston, MA, is slated to become the 16th director of the National Cancer Institute.

Deadline Is Next Week for Late-Breaking Abstract Submission

Time is running out to submit your late-breaking abstract for Clinical Congress 2022, October 16–20 in San Diego, CA. The deadline to submit is Monday, August 1.

COVID Variant Fuels Rise in Cases, New Vaccine Option Coming Soon

The Omicron BA.5 variant has led to a spike in the number of cases, hospitalizations, and deaths from COVID-19 in the US. Meanwhile, the US Centers for Disease Control and Prevention has recommended the Novavax vaccine as a primary series option in adults.

What We Owe Long COVID Patients

Wed, 20 Jul 2022 20:35:20 GMT

Anywhere from 10 to 30 percent of those who contracted COVID-19 suffer chronic aftereffects—some lasting many months after the initial diagnosis—and now face increased risk of thromboembolic disease, cardiovascular complications, hepatic and renal impairment, and systemic inflammatory response syndrome.

Peter Kolbert, Senior Vice President of Claim and Litigation Services for Healthcare Risk Advisors, part of TDC Group, and Dr. Zijian Chen, Assistant Professor of Medicine at the Icahn School of Medicine at Mount Sinai and Medical Director of Mount Sinai’s Center for Post-COVID Care, discuss the effects of long COVID.

Access the article

Commentary: Wrongful-death liability bill is the wrong plan for New York

Tue, 19 Jul 2022 14:26:26 GMT

Parag Mehta, MD - MSSNY President

Not very long ago, New York’s physicians and other health care workers were cheered as heroes for their efforts to combat the COVID-19 pandemic. They risked their lives for their patients. They risked the lives of their loved ones as they provided this care.

Many physicians were sickened, and some died. Countless physicians continue to wear the emotional scars from these overwhelming circumstances.

However, the cheers are long forgotten.

Now the physicians of New York face a potential new disaster, due to a well-intentioned — but egregiously harmful — bill recently passed by the New York state Legislature.

The recent legislation would exponentially increase the damages that are awardable under New York’s wrongful-death statute. One actuarial study concluded the increased damages and the new lawsuits this bill would trigger would increase liability insurance costs for New York’s doctors and hospitals by nearly 40 percent.

Read the article

ACS Opportunity: Four Weeks Left to Submit Abstract for Surgeons and Engineers

Tue, 19 Jul 2022 14:16:58 GMT

The American College of Surgeons (ACS) Division of Education invites academic and industry engineers, scientists, surgeons, and surgical educators to submit abstracts for presentation at the 2023 Annual ACS Surgeons and Engineers: A Dialogue on Surgical Simulation, a full-day meeting occurring on Wednesday, March 1, 2023, in Chicago, IL.

Both original and previously presented abstracts are welcome.

Visit the Call for Abstracts to review the abstract categories, requirements, and timeline and submit your abstracts.

ACS Committee on Resident Education Opportunity

Fri, 15 Jul 2022 14:10:23 GMT

The Committee on Resident Education is accepting applications for volunteers to serve on the committee. The committee’s mission is to address issues of resident education in surgery, including the educational environment, characteristics of the resident population, graduate surgical education curricular issues and competency, and faculty development as educators.

To be eligible for consideration, please send a letter expressing your interest in becoming a member of this committee and an updated CV to Brad DeFabo Akin (bakin@facs.org) by August 15, 2022.

Medical Student Travel Award to Clinical Congress – Deadline July 22

The ACS Division of Member Services created an award for one medical student interested in surgery to attend four days at Clinical Congress 2022 in San Diego, CA. Registration and travel expenses will be reimbursed up to $2,000 (with applicable receipts).

Application Terms and Requirements: 

This award is only open to domestic medical student members transitioning into surgical residency
Applicants must be a current member of the American College of Surgeons
Applicants must be in their final year of medical school and matched into surgical residency program
The award recipient must upgrade their medical student membership to residence status
The awardee must join a RAS-ASC Committee of their choice and participate in conference calls leading up to Clinical Congress 2022

Application Process: Applications will be accepted online until 11:59 PM on Friday, July 22. Incomplete or late applications will not be considered.

Apply here: https://www.surveymonkey.com/r/MStravelaward2022

2022 Legislative Session Recap

Mon, 13 Jun 2022 14:09:04 GMT

The legislative session ended the first week of June. Overall, the session was a success for the NY Chapter ACS resulting in the enactment of telehealth payment parity, maintaining funding for Physician Excess Medical Malpractice without any changes to eligibility, and helping to defeat inappropriate scope of practice expansions. The Chapter was able to secure passage in both the Senate and Assembly for Chest Wall Reconstruction (S.7881/A.8537) and Colorectal Cancer Screenings at 45 (S.906B/A.2085B). Both bills now await signature from the Governor. The NY Chapter ACS also promoted prior authorization reforms which has helped to set stage and momentum for action in 2023.

2022 Advocacy Day Target Issues:

Prior Authorization Reform
Support: Prior Authorization Proposed Gold Card Program (S.8299 RULES/A.9908A INSURANCE) https://facs.quorum.us/campaign/40082/

Support: Prior Authorization Utilization Review (S.6435A RULES /A.7129A INSURANCE) https://facs.quorum.us/campaign/40084/

Support: Carter's Law - Give Kids a Chance (S.24 / A1943 Insurance Committees) https://facs.quorum.us/campaign/31038/

Trauma
Call for a Study on the NYS Trauma System and Disaster Preparedness: https://facs.quorum.us/campaign/40091/

Support: Stop the Bleed Training in High School Health Education Classes: https://facs.quorum.us/campaign/40087/

Support: Stop the Bleed Kits in Schools (A.6462 Held for Consideration): https://facs.quorum.us/campaign/40098/

Cancer
Support: Provide Coverage for Chest Wall Reconstruction (S.7881/A.8537) PASSED Awaits Gov. Signature https://facs.quorum.us/campaign/40096/

Support: Colorectal Cancer Screenings at 45 (S.906B/A.2085B) PASSED Awaits Gov. Signature https://facs.quorum.us/campaign/39298/

ACS Brief - Firearm Violence, CPT Coding, WISC Membership, Organ Fellowship

Wed, 08 Jun 2022 14:14:38 GMT

ACS Calls for Urgent Action to Address US Firearm Violence Epidemic

In response to recent and continuing firearm violence, the ACS hosted a recent news conference during which leaders of the organization reiterated their commitment to collaborating with lawmakers and communities with the goal of addressing this public health epidemic. Click here for more information.

ACS In-Person CPT Coding Workshop

Interested in refining your general surgery coding skills and keeping up with new codes? Register now to attend an ACS CPT (Current Procedural Terminology) coding workshop on Friday, June 24, and Saturday, June 25, in Dallas, TX. Register today!

Women in Surgery Committee Membership Applications: Due June 15

The mission of the Women in Surgery Committee (WiSC) is to enable women surgeons of all ages and practice types to develop their individual potential as professionals; promote an environment that fosters inclusion, respect, and success; develop, encourage and advance women surgeons as leaders; and provide a forum and networking opportunities to enhance women’s surgical career satisfaction. Click here for more information.

Claude H. Organ Jr., MD, FACS, Traveling Fellowship: Applications Due June 30

Altfest Insights - The Best Time to Plan for your Financial Future

Mon, 30 May 2022 14:03:53 GMT

Karen Altfest recently joined the podcast REPURPOSED After 40 with life coach Lissa Figgins to discuss being a Financially Savvy Woman.

The best time to plant a tree is 30 years ago…and the second best time is today. The same is true for planning your financial future. Karen Altfest is a personal wealth advisor who specializes in educating and empowering women and widows by teaching them to be a financially savvy woman. Now is the time to position yourself for financial strength and growth.

Click to listen to the podcast with Karen Altfest

ACS Advocacy Brief: New York and California Chapters Influence State Health Policy

Fri, 06 May 2022 14:12:21 GMT

The ACS New York Chapter organized a virtual advocacy day with state legislators and staff on April 26, which garnered participation from surgeons across the state. Their efforts included:

Advocating for state legislation that would establish a “gold card” prior authorization program, in which insurers will exempt physicians and other care providers from Prior Authorization requirements if they receive at least 90% approval for prior authorizations for that specific health care treatment (Senate Bill [SB] 8299/AB 9908A)
Creating a separate process for more timely prior authorizations (SB 6435A/AB 7129A)
Training school personnel on STOP THE BLEED® and installing bleeding control kits in public schools (AB 6462)
Requiring insurance coverage of colorectal cancer screenings for individuals aged 45 or older (SB 906B/AB 2085A)
Requiring insurance coverage for chest wall reconstruction after mastectomy in patients with breast cancer (SB 7881/AB 8537)

As a result of those meetings, the New York Assembly Insurance Committee passed the chest wall reconstruction legislation the following day. The bill is expected to move to the Assembly floor for a full vote before the end of the year.

Altfest Insights - Rethinking 65: Giving Clients Permission to Spend in Retirement

Sat, 30 Apr 2022 13:59:12 GMT

When Is It Time to Let Go?

By Karen Caplan Altfest

For many people, retirement is their ultimate life goal. To achieve their desired retirement lifestyle, habitual saving — beginning early and compounding regularly — is important. As financial advisors, we strive to teach our clients that lesson well. We also have told them in which tax-advantaged vehicles they should save. But we often don’t let people know that at certain times in their lives, it’s appropriate to let go, to begin to use the money they diligently put away for decades. I think some are waiting for a sign: “Now it is all right to spend,” or “You will be OK if you spend on your medical needs, your retirement costs, even sometimes on your loved ones!”

Rather than counseling clients on the freedom to spend as they age, we put a lot of time into thinking about whether retirees can safely withdraw either 3% or 4% from their portfolios in retirement.

Altfest Insights - Tax Reduction Strategies

Thu, 31 Mar 2022 14:04:52 GMT

Financial Advisor, Jessica Nelson, CPA, CFP®, on March 23, 2022, shared top tax reduction strategies for clients as we approach tax season. As many people think about their tax situation in March, one of Altfest Personal Wealth Management’s top tax experts share strategies related to tax efficient portfolio management, tax retirement savings strategies, and tax deductions that could work for you.

Watch the webinar replay

NY Chapter Issues Support for State Legislation to Ensure Coverage for Post-mastectomy Patients

Wed, 09 Mar 2022 20:39:49 GMT

Breast cancer is one of the most common cancers among women in New York State. According to the New York State Department of Health, over 16,400 women are diagnosed with breast cancer each year.

A mastectomy is the surgical removal of one or both (double mastectomy) breasts and is typically performed to treat breast cancer or in some cases, decrease the risk of breast cancer. More than 100,000 US women undergo some form of mastectomy each year. After breast tissue has been removed, additional work is often required to smooth out and trim any excess skin to restore an optimal chest contour with a clean symmetric incision closure. While most breast cancer patients who forgo traditional breast reconstruction expect aesthetic flat reconstruction to be included with mastectomy costs, the operation is not currently covered under most insurance policies.

The emotional and financial impact of breast cancer and subsequent mastectomies can be devastating, particularly if patients lack access to reconstruction surgery options available in today’s healthcare market.

The New York Chapter issues its support for enactment of S.7881/A.8537

Altfest Insights - The Right Dividend Stock Fund for You

Mon, 28 Feb 2022 15:06:18 GMT

In the article titled, “The Right Dividend Stock Fund for You,” Dr. Lewis J. Altfest, Ph.D., CFA, CFP ^®, CPA, PFS discusses strategies for researching and selecting dividend stocks. The article highlights dividend stock strategies that can increase total return on investment.

Chapter promotes ACS Surgeon Well-Being Month

Mon, 10 Jan 2022 17:49:26 GMT

We're helping to kick off ACS Surgeon Well-Being Month! Join us as we highlight a series of videos celebrating individual and team building well-being activities!

This week is Living Life Now: Lessons on Thriving and Flourishing
(7 minutes): https://www.youtube.com/watch?v=KVp3nFkSQ0Y

Taylor Riall, MD, PhD, FACS, joins Rohan Jeyarajah, MD, FACS to discuss her passion for living life in the now and the lessons in her life that led her to discover how to thrive and flourish as a surgeon and a person.

Governor Hochul Announces $10 Billion Healthcare Plan in State of the State Address

Wed, 05 Jan 2022 20:35:23 GMT

Governor Kathy Hochul today announced a $10 billion multi-year investment in healthcare, to rebuild and grow the healthcare workforce and strengthen the healthcare system as part of the 2022 State of the State. The plan will invest $10 billion in New York State’s healthcare sector, including more than $4 billion to support wages and bonuses for healthcare workers, and will invest in the healthcare workforce development pipeline to meet the current and increasing demand for medical professionals. > Learn more

Remind Congress that patients will be impacted by Medicare payment cuts

Fri, 26 Nov 2021 17:47:28 GMT

Preventing cuts to Medicare physician payment continues to be a top ACS advocacy priority as significant cuts (nearly 9%) to physician payment for most surgical services delivered to Medicare patients are slated to take effect January 1, 2022.

As evidenced by record-breaking 2020 efforts, grassroots advocacy works and remains essential to stopping the cuts. Therefore, it is imperative to amplify surgery’s voice once again in Washington by urging House and Senate leadership to stop the cuts.

ACS chapter involvement over the next month is critical. Participate today by calling and writing your lawmakers and letting them know how the cuts will impact you and your patients. For questions or assistance, contact DAHP staff at ahp@facs.org.

Surgery is a specialized service that requires extensive training and expertise and should be viewed by Congress as an essential element to health care delivery across the country. Congress’ support of surgery must be demonstrated by prioritizing a year-end fix to stop the cuts.

Please utilize tools provided by the ACS DAHP to take action early and often to elevate this important advocacy priority while protecting patients in the process.

Mini Relaxation Techniques Available to Surgeons

Mon, 15 Nov 2021 21:16:25 GMT

Mini relaxation exercises are focused breathing techniques which help reduce anxiety and tension immediately. You can do them with your eyes open or closed (but make sure that your eyes are open when you are driving!). You can do them any place, at any time; no one will know that you are doing them.

Start with Belly Breathing (Diaphragmatic Breathing):

Breathe in through your nose and out through your nose or mouth
You should feel your stomach rising about an inch as you breathe in, and falling about an inch as you breathe out
If this is difficult for you, try laying on your back or stomach—you will be more aware of your breath
Remember, it is impossible to practice belly breathing if you are holding your stomach in. Be sure to relax your stomach muscles

When to Use Mini Relaxation Techniques

While being stuck in traffic or at a red light
When put on hold" during an important phone call
While waiting in your doctor's waiting room
When someone says something which bothers you
When you feel overwhelmed by what you need to accomplish in the near future
While standing in line
When you are in pain

Four Mini Relaxation Exercises

Option One: Count Backward from 10

Count very slowly to yourself from ten down to zero, one number for each out breath. (For instance, with the first diaphragmatic breath, you say "ten" to yourself,; with the next breath, you say "nine", etc.)
If you start feeling light-headed or dizzy, slow down the counting
When you get to "zero", see how you are feeling
If you are feeling better, great! If not, try doing it again

Option Two: Inhale, Count to Four; Exhale, Count Back to One

As you inhale, count very slowly up to four; as you exhale, count slowly back down to one
Do this several times (for instance, as you inhale, you say to yourself "one, two, three, four," as you exhale, you say to yourself "four, three, two, one.")

Option Three: Inhale, Count to Three; Exhale, Count to Three

After each inhalation, pause and count 1,2,3 (breath is held in)
After you exhale, pause and count 1,2,3
Do this for several breaths

Option Four: Inhale "I Am;" Exhale "At Peace"

On the IN breath, you think “I am”
On the OUT breath, you think, "at peace”

Source: https://www.massgeneral.org/wellness/news/four-mini-relaxation-exercises

Prevent, Communicate, Document: Medical Malpractice Data Help Us Manage Risk

Fri, 10 Sep 2021 14:17:45 GMT

David L. Feldman, MD, MBA, FACS, Chief Medical Officer, The Doctors Company, and for the TDC Group of Companies

Medical malpractice data can focus the search for ways to succeed at: (1) preventing adverse events, (2) preventing lawsuits if adverse events do occur, and (3) prevailing in lawsuits when all else fails.

Read the complete article

COVID Health Care Worker Mandates: New York, New Jersey And Connecticut

Fri, 20 Aug 2021 14:16:24 GMT

By an Order dated August 18, 2021, the New York State Commissioner of Health is requiring that healthcare workers in general hospitals (e., hospitals that provide inpatient care 24 hours a day) and nursing homes be vaccinated against COVID-19, except for those with bona fide religious or medical exemptions.

These healthcare workers, including employees, students, volunteers and medical staff, are required to have at least one dose of an approved vaccine by September 27, 2021.

It does not appear that applicable health care workers will be permitted to undergo regular testing in lieu of vaccination.

On September 2, 2021, there is an opportunity for health care facilities impacted by the announcement to present evidence that failure to comply will not constitute a danger to the health of the people of the State of New York.

Learn more

Have a conversation with your patients about COVID-19 vaccination

Thu, 05 Aug 2021 17:51:01 GMT

As surgeons, having difficult conversations with our patients is part of the job. Now we need your help in starting a new conversation: speaking with your patients about being vaccinated against COVID-19.

The American College of Surgeons has considered some frequently asked questions you may be getting from your patients. We realize that due to local issues, giving a uniform answer to these questions is not entirely possible. However, we hope you use this document as a guide and verify the information on a state and local level as well as with your hospital as you prepare to Talk It Up! with your patients.

#TalkItUp | It's very important.

The American College of Surgeons has developed the following resources to help prepare you to Talk It Up! with your patients.

NYS Coronavirus Update: Vaccination or Weekly Testing Mandate for State Employees

Mon, 02 Aug 2021 14:09:44 GMT

Last week, the CDC released new guidance on mask wearing. The state is reviewing the CDC's new recommendations closely in consultation with federal and state health experts.

As NY observes a rise in COVID cases and across the country, driven by the Delta variant, the State is taking new action to curb the spread.

To that end, by Labor Day, all state employees will be required to either get vaccinated or get tested for COVID-19 on a weekly basis. This includes patient-facing healthcare workers at state-run hospitals - they will be required to get vaccinated for COVID-19 by Labor Day.

Bulletin Brief - July 30th Edition

Mon, 02 Aug 2021 14:01:18 GMT

ACS, Other Health Care Organizations Release Joint Statement on Recommending Mandatory Vaccines for Health Care Workers

Registration Open for the Virtual Clinical Congress 2021: Plan to Take Part in Outstanding Postgraduate Courses

ACS and Other Health Care Organizations Ask Congress to Continue Medicare Relief

ACS Releases Two Statements on PPE for Residents and Workplace Accommodations for Pregnancy, Parental Leave, and Lactation Support for Practicing Surgeons

New in JACS: What Surgeons Can Learn from Aviation Experts about Crisis Management

ACS Quality and Safety Conference VIRTUAL Content Available through August 16 for Free

NYS Coronavirus Update: 22 Million Vaccine Doses -- New Funding for Community Outreach

Tue, 27 Jul 2021 13:48:15 GMT

The Governor's office reported yesterday that 75 percent of adult New Yorkers have received at least one dose of the COVID vaccine and the state has administered over 22 million vaccine doses across the state.

A quarter of New York adults are still unvaccinated, which equals roughly 3.5 million unvaccinated individuals. With the highly transmissible Delta variant in New York, COVID will spread.

The number of new cases is about five times more than it was just a month ago. Of the new cases in New York, about 72 percent are the Delta variant.

The State is allocating $15 million to community organizations to bolster vaccination efforts in ZIP codes with low vaccination rates. Some of the groups receiving funding include the Hispanic Federation, the Federation of Protestant Welfare Agencies, the New York Immigration Coalition, the Asian American Federation, the Charles B. Wang Community Center, and the APICHA Community Health Center.

Bulletin Brief - Highlights

Wed, 21 Jul 2021 18:58:38 GMT

Clinical Congress 2021 to Explore the Theme of Resilience in Pursuit of Excellence

Access to 2021 ACS Quality and Safety Conference VIRTUAL Content Extended to August 16

New in JACS: Time from Admission to Operation is Strongly Predictive of Mortality in Trauma Laparotomy

Dr. Electron Kebebew Discusses Incorporating DEI into Practice in Profiles in Diversity Series

How Specialty Societies Support Surgeon-Scientists: Update from an ACS Advisory Council

ACS Strongly Opposes Cuts to Surgical Care in 2022 Medicare Physician Fee Schedule Proposed Rule

New York Lawmakers Prepare for Redistricting

Tue, 20 Jul 2021 18:52:49 GMT

Lawmakers in New York are preparing for the once-a-decade redistricting process that could alter the political landscape in the state and change how voters and regions are represented in the halls of power in Albany and Washington.

Later today, the first of eight regional hearings will be held on the redistricting process, with the commission charged with drawing political boundaries for the House of Representatives and the state Legislature meeting on Long Island.

And both state and federal lawmakers want their constituents to be engaged with these meeting amid a new process following a constitutional amendment in 2014 that turned much of the work over to an independent commission appointed by the state Legislature.

Lawmakers in recent days have sought to rally voters to participate in the process and the public hearings.

Contact Your Representatives

A.G. James Negotiates $1.2b Opioid Settlement

Tue, 20 Jul 2021 18:50:22 GMT

A more than $1.1 billion settlement, the largest ever negotiated by New York State Attorney General Letitia James, has been reached in the ongoing legal battle against opioid manufacturers, distributors and consultants.

A.G. James’ office announced the agreement on Tuesday with McKesson Corporation, Cardinal Health Inc., and Amerisource Bergen Drug Corporation, all drug distributors.

As part of Tuesday's agreement, McKesson, Cardinal Health, and Amerisource Bergen will pay New York a total of nearly $1.2 billion, of which more than $1 billion will go towards abatement.

Payments will start in just two months and will continue over the next 17 years.

4 mass COVID-19 Vaccination Sites Closing on July 26th

Tue, 20 Jul 2021 18:48:59 GMT

Mass vaccination sites in four locations in New York state will close Monday, July 26, Gov. Andrew Cuomo said, as the spate of people seeking to be vaccinated for COVID-19 has slowed in recent weeks.

Vaccination sites at Binghamton University at Gannett Drive, Aviation Mall in Queensbury, Stony Brook Southampton, and the Diana Center at SUNY Orange will cease operations, Cuomo's office said, part of a broader "downscaling" of vaccination efforts to focus on more localized areas.

Bulletin Brief Highlights

Tue, 13 Jul 2021 18:46:57 GMT

Highlights and News from the 2021 ACS Quality and Safety Conference VIRTUAL – Free Registration is Still Open!

New in JACS: Examining Guidelines to Promote Effective Opioid Use after Inpatient Surgery

Supporting Surgeon Well-Being through Free Peer Support

The 2021 ACS TQIP Conference Will be a Virtual Event

Read the July Bulletin: The ACS Your Breast Cancer Surgery Patient Education Program Launches

Facts about PACs: The role of political programs and the importance of engagement

Thu, 08 Jul 2021 18:40:09 GMT

This article addresses frequently asked questions about PACs, including the origin and purpose of PAC categories, and describes the ACSPA-SurgeonsPAC governance and disbursements. > Read More

Did you know?
The New York Chapter manages its own PAC at the state level. The Surgeon PAC supports campaigns of policymakers who understand the current and long-term challenges that surgeons face when practicing in New York.

Donate Today!

Patricia L. Turner, MD, MBA, FACS Named Next Executive Director

Mon, 05 Jul 2021 18:37:55 GMT

Patricia L. Turner, MD, MBA, FACS, has been named the next Executive Director of the American College of Surgeons (ACS). Dr. Turner will begin her new role as Executive Director-Elect October 1, 2021, and she will formally assume the role of Executive Director January 1, 2022. She succeeds David B. Hoyt, MD, FACS, who has served as Executive Director since 2010.

Congratulations Dr. Turner! We look forward to building a strong membership in New York.

Learn more

Clinical Congress 2021 Preliminary Program

Sat, 03 Jul 2021 00:00:00 GMT

The Clinical Congress Preliminary Program offers an overview of panel sessions, Postgraduate Courses, Named Lectures, Meet-the-Expert Luncheons, and other information related to the Clinical Congress, which takes place virtually October 23–27, 2021.

The New York Chapter is planning to organize an event and get together during the conference! Let us know if you'd like more information.

Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency

Wed, 23 Jun 2021 21:30:00 GMT

Governor Andrew M. Cuomo today announced that New York will end the state disaster emergency declared on March 7, 2020 to fight COVID-19. Given New York's dramatic progress against COVID-19, with the vaccination rates, and declining hospitalization and positivity statewide the state of emergency will expire after Thursday, June 24.

Federal CDC guidance will remain in effect, which includes masks for unvaccinated individuals, as well as all riders on public transit and in certain settings, such as health care, nursing homes, correctional facilities, and homeless shelters.

We will keep you abreast of any guidance coming out of the New York State Department of Health.

To see the governor’s complete release visit: https://www.governor.ny.gov/news/governor-cuomo-announces-new-york-ending-covid-19-state-disaster-emergency-june-24

NYS Lifting Most Covid Restrictions

Fri, 18 Jun 2021 14:23:01 GMT

On Tuesday, after 472 days, New York hit a vaccination milestone—70 percent of adult New Yorkers have received at least one dose of the COVID vaccine.

After reaching this goal, the state lifted most of the remaining COVID restrictions.

This means no more restrictions across commercial settings, including retail, food services, offices, gyms, entertainment, hair salons, barber shops, etc.—as well as no more social gathering limits.

Existing COVID health protocols are still in place for some settings such as public transportation, health facilities, and indoor Pre-K-12 schools.

Artificial Intelligence, COVID-19, and the Future of Pandemics

Tue, 01 Jun 2021 16:54:06 GMT

Richard E. Anderson, MD, FACP, Chairman and Chief Executive Officer, The Doctors Company and TDC Group

Artificial intelligence (AI) has proven of value in the COVID-19 pandemic and shows promise for mitigating future healthcare crises. During the pandemic’s first wave in New York, for example, Mount Sinai Health System used an algorithm to help identify patients ready for discharge.

Pandemic applications have demonstrated AI’s potential not only to lift administrative burdens, but also to give physicians back what Eric Topol, MD, founder and director of Scripps Research Translational Institute and author of Deep Medicine, calls “the gift of time.”[1]

Like any emerging technology, AI brings risk, but its promise of benefit should outweigh the probability of negative consequences—provided we remain aware of and mitigate the potential for AI-induced adverse events.

AI’s Pandemic Success Limited Due to Fragmented Data

Innovation is the key to success in any crisis, and many healthcare providers have shown their ability to innovate with AI during the pandemic. For example, AI has been used to distinguish COVID-19-specific symptoms: It was a computer sifting medical records that took anosmia, loss of the sense of smell, from an anecdotal connection to an officially recognized early symptom of the virus.[2] This information now helps physicians distinguish COVID-19 from influenza.

However, holding back more innovation is the fragmentation of healthcare data in the U.S. Most AI applications for medicine rely on machine learning; that is, they train on historical patient data to recognize patterns. Therefore, “Everything that we’re doing gets better with a lot more annotated datasets,” Dr. Topol says. Unfortunately, due to our disparate systems, we don’t have centralized data.[3] And even if our data were centralized, researchers lack enough reliable COVID-19 data to perfect algorithms in the short term.

AI Introduces New Questions around Liability

While AI may eventually be assigned legal personhood, it is not, in fact, a person: It is a tool wielded by individual clinicians, by teams, by health systems, even multiple systems collaborating. Our current liability laws are not ready for the era of digital medicine.

AI algorithms are not perfect. Because we know that diagnostic error is already a major allegation in malpractice claims, we must ask: What happens when a patient alleges that diagnostic error occurred because a physician or physicians leaned too heavily on AI?

AI in Healthcare Can Help Mitigate Bias—or Worsen It

Machine learning is only as good as the information provided to train the machine. Models trained on partial datasets can skew toward demographics that turned up more often in the data. Already during the pandemic’s first waves, multiple AI systems used to classify x-rays have been found to show racial, gender, and socioeconomic biases.

It’s critical that system builders are able to explain and qualify their training data and that those who best understand AI-related system risks are the ones who influence healthcare systems or alter applications to mitigate AI-related harms.

AI Can Help Spot the Next Outbreak

More than a week before the World Health Organization (WHO) released its first warning about a novel coronavirus, the AI platform BlueDot, created in Toronto, Canada, spotted an unusual cluster of pneumonia cases in Wuhan, China. Meanwhile, at Boston Children’s Hospital, the AI application Healthmap was scanning social media and news sites for signs of disease cluster, and it, too, flagged the first signs of what would become the COVID-19 outbreak—days before the WHO’s first formal alert.

These innovative applications of AI in healthcare demonstrate real promise in detecting future outbreaks of new viruses early. This will allow healthcare providers and public health officials get information out sooner, reducing the load on health systems, and ultimately, saving lives.

[1] Topol E. Deep Medicine: How Artificial Intelligence Can Make Healthcare Human Again. New York, NY: Hachette Book Group; 2019:285.

[2] Cha, AE. Artificial intelligence and covid-19: Can the machines save us? Washington Post. Published November 1, 2020. Accessed November 9, 2020. https://www.washingtonpost.com/health/covid-19-artificial-intelligence/2020/10/30/7486db84-1485-11eb-bc10-40b25382f1be_story.html

[3] Reuter E. Hundreds of AI solutions proposed for pandemic, but few are proven. MedCity News. Published May 28, 2020. Accessed October 19, 2020. https://medcitynews.com/2020/05/hundreds-of-ai-solutions-proposed-for-pandemic-but-few-are-proven/

Understanding Intersectionality: An Update from Board of Governors Diversity Pillar

Tue, 25 May 2021 16:57:40 GMT

by Cherisse Berry, MD, FACS, Governor, American College of Surgeons, Manhattan Council, Board of Governors Diversity Pillar

Intersectionality: the intersection and interconnectedness of identities such as race, gender, ethnicity, sexuality and disability. It is a term coined in 1989 by Kimberlé Crenshaw, JD, a University of California, Los Angeles, law professor who published, "Demarginalizing the intersection of race and sex: A Black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics" in the University of Chicago Legal Forum. Discussing three legal cases involving the co-existing issues of racial discrimination and sex discrimination, Dr. Crenshaw introduced the concept of intersectionality: a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. For example, Black women are both Black and female and thus subject to discrimination on the basis of race, gender and possibly a combination of the two.

Read the complete article

Submit Abstracts by April 30

Fri, 16 Apr 2021 12:48:07 GMT

The American College of Surgeons (ACS) has issued a call for abstracts to be presented at the 2021 ACS Quality and Safety Conference, July 12–16. The submission deadline is April 30.

Individuals at participating sites are encouraged to submit a 250-word abstract for poster presentation. The abstract should relate to surgical quality improvement initiatives including the development, implementation, or validation of best practices. We are also interested in operational best practices relating to workflows around collecting data and reporting. Abstracts should utilize data from one or more of the following ACS Quality Programs.

Please note: Abstracts that have been submitted or recently presented at other meetings are eligible for presentation at the ACS Quality and Safety Conference. In the view of the ACS, previous presentation of a paper does not prohibit the presentation or publication of the material at the Quality and Safety Conference.

Submissions from the following categories will be welcomed:

· Bariatric

· Cancer

· Collaboratives

· Education

· Efficiency and Value

· Geriatrics

· Pediatrics

· PROs/Patient Centeredness

· Trauma/Acute Care

· Surgical Potpourri

· Healthcare Informatics for Quality

· Health Equity/Access

Submit an abstract

For questions, contact us at acsqsconference@facs.org or 312-202-5319.

DOH Commissioner Dr. Howard Zucker Statement on Johnson & Johnson Vaccine

Tue, 13 Apr 2021 15:13:43 GMT

NYS Department of Health Commissioner Dr. Howard Zucker released
the following statement regarding the Johnson & Johnson vaccine:

"Today the CDC and FDA issued a statement recommending a pause in the use of the Johnson & Johnson vaccine out of an abundance of caution. New York State will follow the CDC and FDA recommendation and pause the use of the Johnson & Johnson vaccine statewide immediately today while these health and safety agencies evaluate next steps. All appointments for Johnson & Johnson vaccines today at New York State mass vaccination sites will be honored with the Pfizer vaccine.

"As the CDC and FDA have said, any adverse events related to the Johnson & Johnson vaccine 'appear to be extremely rare' and, 'People who have received the J&J vaccine who develop severe headache, abdominal pain, leg pain, or shortness of breath within three weeks after vaccination should contact their health care provider.'

"I am in constant contact with the federal government and we will update New Yorkers as more information becomes available."

Telehealth from the Field: Case Study Involving Remote Monitoring Problems

Tue, 13 Apr 2021 15:04:38 GMT

https://www.thedoctors.com/articles/telehealth-from-the-field-case-study-involving-remote-monitoring-problems/

Even before the COVID-19 pandemic, the use of remote patient monitoring was expanding. The technologies offer many benefits, but they may also create potential malpractice risks. Consider the following case example and strategies that can help mitigate risks.

Case Example
During an annual physical, the physician recommended ambulatory electrocardiography for a patient with a history of prior cardiac arrhythmia. The physician told the patient he would receive the ambulatory monitor by mail and that the package would contain everything he needed.

About a week later, the monitoring package arrived. opened it, read the instructions, and applied the device. After a few hours, the device fell off. He reapplied it multiple times, but the device continued to fall off. After several calls with the device manufacturer, the patient gave up, tucked the device in the box, and mailed it back to the manufacturer.

A week later, the patient received a letter from the physician, stating that his monitoring results were normal. The patient—who was surprised to receive these results—followed up. During the discussion, the physician told him that the device manufacturer downloaded and evaluated the results and provided a report that the physician then shared with the patient. The physician
was surprised to learn that the patient had not completed the monitoring period and the device had not performed as expected, but the results were still reported as normal. The patient lost confidence in both the physician and remote monitoring technology and did not return to the
practice.

Patient Safety Strategies
Whether you have already implemented remote patient monitoring or are thinking about it, consider the following strategies:

Use a deliberate process to evaluate and select remote patient monitoring devices.
Determine how the data will be collected, transmitted, stored and reported. In the case example, the manufacturer reported the study as normal even thought the full monitoring period was not completed.
Ensure the patient is ready to participate. Advise patients to call the office about any device problems or concerns. In the case scenario, the device did not adhere properly to the patient’s skin.

Plan and Prepare
This case study highlights the importance of careful planning and preparation when incorporating remote technologies into the patient care services offered by a medical practice. Providers who recommend products and services to their patients have a responsibility to apply due diligence in confirming that the device manufacturer is reputable, the device is safe, and
the information it produces is accurate and reliable. Once a decision is made to use remote technology, the next steps should be to develop appropriate use guidelines that include preparing patients, managing device concerns/troubleshooting, tracking results, and following
up with patients.

ACS Supports Firearm Research Funding

Mon, 12 Apr 2021 13:11:58 GMT

Federally funded research from the perspective of public health has contributed to reductions in motor vehicle crashes, smoking, and Sudden Infant Death Syndrome. The ACS believes this same approach should be applied to firearm related injuries and gun safety.

Under the Consolidated Appropriations Act of 2021 (H.R. 133), signed into law by President Trump on December 27, 2020, the Centers for Disease Control and Prevention and the National Institutes of Health each received $12.5 million to study firearms research funding. The continued allocation marks only the second year that federal funding has been specifically designated to firearms research in more than 20 years.

This year, the College again joined more than 100 medical, public health and research organizations asking Congress to appropriate $50 million in funding for firearm morbidity and mortality prevention research. The College will continue its support for firearm injury prevention research as the federal funding appropriations process continues this year.

Read the ACS letters of support for the funding to the House and the Senate. For more information on trauma advocacy, contact Kristin McDonald, ACS Manager of Legislative and Political Affairs, at kmcdonald@facs.org.

ACS Supports the Ensuring Lasting Smiles Act and the New York Chapter Supports Carter's Law

Fri, 09 Apr 2021 13:07:50 GMT

Last week, the ACS joined a letter of support for the Ensuring Lasting Smiles (ELSA) Act (S. 754/H.R. 1916). Introduced by Sens. Tammy Baldwin (D-WI) and Joni Ernst (R-IA) and Reps. Anna Eshoo (D-CA) and Drew Ferguson (R-GA), the bipartisan and bicameral legislation would address issues that prevent access to necessary diagnosis and treatment for patients with congenial craniofacial anomalies such as such as cleft lip and palate, skeletal and maxillofacial abnormalities, facial paralysis, microtia, hypodontia and craniosynostosis. ELSA would require all private group and individual health plans to cover medically necessary services that repair or restore a patient's anomaly. For further information contact Kristin McDonald, ACS Manager of Legislative and Political Affairs, at kmcdonald@facs.org.

Additionally, the New York Chapter ACS has also provided support for legislation that is reflective of the national bill. It's called Carter's Law. We encourage all members to contact their legislators to advance this important bill!

NEW! Office/Outpatient E/M Coding Webinars Now Available on ACS Website

Fri, 09 Apr 2021 13:06:32 GMT

The American College of Surgeons Division of Advocacy and Health Policy, in collaboration with the College's General Surgery Coding and Reimbursement Committee, has released two in a series of webinars describing proper implementation of office and other outpatient evaluation and management codes, which were extensively updated for 2021.

Major Changes for 2021 Office E/M Coding, Part 1: A Surgeon's Guide to Prepare for New Guidelines and Avoid Claims Denials outlines revisions made to the office/outpatient E/M code set by the Current Procedural Terminology Editorial Panel, including new requirements related to history and physician examination, physician time, and medical decision-making (MDM) associated with E/M visits.

Major Changes for 2021 Office E/M Coding, Part 2: Implementation Tips describes proper office/outpatient E/M code level selection and documentation using MDM for common general surgery patient scenarios.

To access the free webinar recordings and download the slides used during each presentation, visit the ACS Office/Outpatient E/M Coding Changes Resource Center. Contact Lauren Foe, Senior Associate for Regulatory Affairs, at lfoe@facs.org with questions.

NYS Budget Finalized

Thu, 08 Apr 2021 13:19:18 GMT

The legislature has reached a final agreed upon budget of $212 billion (largest budget to date). The budget sharply increases spending, directing much of the new money to schools, health care, renters and small landlords, as well as to undocumented immigrant workers affected by the pandemic. Democratic lawmakers said the budget is meant to help boost the state's nascent recovery and aid those who were severely impacted by the crisis. Republicans blasted the plan for its tax increases, and argued it should have done more to aid small businesses and veterans. The new taxes include a corporate franchise tax increase and personal income tax increases for high income earners, which are estimated to raise $4.3B in additional State revenue. This will place New York above California as the highest taxing state in the country.

Enclosed is the budget summary MSSNY has shared with its members. Note that the OPMC proposal was rejected and there was an extension of full funding for the excess liability. There were modifications in place for the telehealth but portions were passed.
Legalization of marijuana passed outside of the budget. Here is the NYSDOH website on the new rules and regs. https://www.health.ny.gov/regulations/medical_marijuana/
In other news, Congressman Lee Zeldin has announced his run for Governor: https://spectrumlocalnews.com/nys/capital-region/ny-state-of-politics/2021/04/08/rep--lee-zeldin-to-run-for-governor-

MSSNY Summary:

State Budget Finalized
This week the Legislature was completing passage of a $212 billion Budget package that produced several “victories” for organized medicine following months of extensive advocacy by MSSNY working together with county and specialty medical societies.

These issues include:

Excess Malpractice Insurance Program Extended

The final State Budget provides full funding for an additional year for the Excess Medical Malpractice Insurance program, which provides 17,000 physicians with a bonus $1 million/$3 million layer of liability insurance above the primary layer purchased by a physician. The State Budget restores the proposed $51 million cut in program funding and deleted an Executive Budget proposal strongly opposed by medicine to impose a 50% physician cost share requirement, which would have resulted in the imposition of thousands to tens of thousands of dollars of new costs on these 17,000 enrolled physicians.

Physician Due Process Protected

The final State Budget deleted several provisions proposed in the Executive Budget to substantially curtail physician due process rights when a complaint has been filed against them with the OPMC. The adverse provisions that were deleted included permitting the Commissioner to publicly disclose information regarding a complaint filed against a physician and creating a nebulous standard for imposing a summary suspension prior to the conclusion of disciplinary proceedings.

Pharmacy Scope Changes Rejected

The final State Budget deleted several provisions opposed by MSSNY that would have expanded the scope of pharmacists, including proposals to greatly expand the physician-pharmacy Collaborative Drug Therapy program, permitted pharmacist self-ordering of lab tests, and significantly expanded the number of the immunizations that can be performed by pharmacists.

Essential Plan Enhancements

The final Budget contains provisions supported by MSSNY to eliminate the premium requirements for the over 800,000 New Yorkers enrolled in the State’s Essential Plan, as well as providing bonus pool funding for physicians and other care providers participating with these plans.

Protect Ability to Apply for E-Prescribing Waivers

The final State Budget deletes the Executive Budget proposal opposed by MSSNY to eliminate the ability for physicians and other prescribers to apply for a year-to-year waiver of e-prescribing requirements (availed by over 2,000 prescribers across the State of New York).

Protect Medicaid “Prescriber Prevails”

The final Budget deletes the Executive Budget proposal opposed by MSSNY to remove the statutory protection for the prescriber’s determination (not State Medicaid’s) to prevail for a medication prescribed to a patient covered by Medicaid.

No-Fault De-credentialing Rejected

The final Budget deletes the Executive Budget proposal MSSNY had raised concerns with to expand the power of the Superintendent of Financial Services to prohibit certain physicians from submitting claims for No-Fault services.

Telehealth Expansion

The final State Budget includes an expansion of site locations where telehealth services can both provided and received. Importantly, it deletes a provision opposed by MSSNY advocacy that would have established an “interstate compact” of out of state health professionals to provide health care services to New York patients. Unfortunately, the final Budget also did not include “parity” for the payment of telehealth services.

Ensure Collaborative Practice by Nurse Practitioners with Physicians

The final Budget includes a provision to extend for an additional year – until June 30, 2022 – the existing law permitting certain nurse practitioners to practice without a written collaborative agreement with a physician provided they have proof of “collaborative arrangements” with physicians in the same specialty practiced by the NP. MSSNY has advocated for much stronger collaboration requirements for nurse practitioners in order to protect patients, however, with the sunset of the existing law coming up in two months, legislation (A.1535/S.3056) has also been introduced and strongly opposed by MSSNY that would repeal the requirements to even maintain proof of these collaborative arrangements. (DIVISION OF GOVERNMENTAL AFFAIRS)

Support A.1943 (Simon) / S.24 (Kaplan) Give Kids a Chance - Carter's Law

Tue, 09 Mar 2021 19:41:55 GMT

Legislation in the New York legislature, A.1943 (Simon)/S.24(Kaplan), would require all private group and individual health plans to cover medically necessary services including habilitative and reconstructive services as a result of a congenital anomaly; the legislation includes inpatient and outpatient services, adjunctive needs and procedures for secondary conditions and follow-up treatment.

Insurance companies have regularly denied follow-up or corrective procedures, claiming that they are cosmetic in nature–which fails to recognize the medical conditions of these patients. Delays in medically necessary care can negatively impact a child’s developmental milestones and coverage denials of a child’s reconstructive surgery, can result in families turning to safety net programs for coverage or paying out of pocket.

A.1943/S.24 recognizes the importance of ensuring access to the care and services necessary due to a congenital anomaly, such as cleft lip and palate, skeletal and maxillofacial abnormalities, facial paralysis, microtia, hypodontia, and craniosynostosis.

Ask your assembly member and senator to co-sponsor and pass A.1943/S.24.

Use the pre-written letter to send a message to your legislators today. https://facs.quorum.us/campaign/31038/

Managing Healthcare Practice Operations During COVID-19

Thu, 18 Feb 2021 20:37:42 GMT

As COVID-19 cases continue to rise and fall across all regions of the United States, practices must adapt and adjust their operations according to regional mandates, which can transition overnight with the shifting environment. Since there is no one-size-fits-all approach to operating a medical practice during the pandemic, The Doctors Company has developed a checklist to help you manage your practice.

The checklist can be adapted to your practice’s needs.
https://www.thedoctors.com/articles/managing-healthcare-practice-operations-during-covid-19/

COVID-19 Vaccine Questions Answered

Thu, 04 Feb 2021 20:39:35 GMT

As healthcare leaders around the country make decisions to guide the COVID-19 vaccine rollout, renowned physician experts Robert M. Wachter, MD, and Ashish K. Jha, MD, MPH, discussed how the pandemic is reshaping the future of medicine and healthcare delivery during a virtual meeting hosted by the TDC Group of companies on February 3.

In this article, find their answers to key questions regarding the vaccine.
https://www.thedoctors.com/articles/covid-19-vaccine-questions-answered-by-virtual-panel-of-healthcare-experts/

ACS Nominating Committee Accepting Nominees

Thu, 14 Jan 2021 18:45:47 GMT

This is a reminder that the American College of Surgeons (ACS) Nominating Committee of the Fellows (NCF) and the Nominating Committee of the Board of Governors (NCBG) are currently accepting nominees for Officers-Elect and Board of Regents positions.

These leadership positions include:

Officers-Elect

The 2021 NCF will select nominees for the three Officer-Elect positions of the ACS:

President-Elect
First Vice-President-Elect
Second Vice-President-Elect

Entities such as ACS Chapters, surgical specialty societies, ACS Advisory Councils, and ACS Committees who wish to provide a letter of nomination must provide a description of their selection process and the total list of applicants reviewed.

Please review the Criteria for Consideration and Further Details sections on the ACS website before submitting nominations.

The deadline for submitting nominations is Friday, February 19, 2021.

Nominations must be submitted to officerandbrnominations@facs.org. If you have any questions, please contact Emily Kalata, staff liaison for the NCF, at 312-202-5360 or ekalata@facs.org.

Board of Regents

The 2021 NCBG will select nominees for six pending vacancies on the Board of Regents to be filled at Clinical Congress 2021.

Entities such as ACS Chapters, surgical specialty societies, ACS Advisory Councils, and ACS Committees, who wish to provide a letter of nomination must provide at least two nominees, and a description of their selection process, along with the total list of applicants reviewed.

Please review the Criteria for Consideration and Further Details sections on the ACS website before submitting nominations.

The deadline for submitting nominations is Friday, February 19, 2021.

Nominations must be submitted to officerandbrnominations@facs.org. If you have any questions, please contact Emily Kalata, staff liaison for the NCBG, at 312-202-5360 or ekalata@facs.org.

NYSDOH Healthcare Provider Update - 12.17.20

Thu, 17 Dec 2020 20:56:35 GMT

A copy of today's NYS DOH Healthcare Provider webinar is now available.

ACS Bulletin Brief: December 15

Tue, 15 Dec 2020 22:00:00 GMT

Top Things to Know

ACS Reviews and Offers Recommendations on Newly Approved SARS-CoV-2 Vaccine

Access Begetting Quality: New Crucial Literature from JACS Suggests Medicaid Expansion Improves Surgical Care for Colon Cancer Patients

ACS and Royal College of Surgeons and Physicians Join Forces to Help Canadian Surgeons Remain Accredited with ACS Education Programs

ACS SSR MIPS 2020 Data Submission Deadline Coming Soon! Submit by January 6, 2021

ICYMI: ACS Executive Director Search Begins

FAQs About COVID-19 Vaccinations

Mon, 14 Dec 2020 21:13:24 GMT

As healthcare providers prepare to distribute COVID-19 vaccines, many face questions regarding best practices for vaccine administration, as well as documentation. Answers to the frequently asked questions below will help your practice protect patients and staff while mitigating liability risks.

> Learn More

GW Legal Alert: CMS ADOPTS IMPORTANT CHANGES TO THE STARK REGULATIONS

Fri, 11 Dec 2020 21:10:40 GMT

On December 2, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Final Rule that includes important changes to the federal physician self-referral law, commonly referred to as the “Stark Law.” In general, the Stark Law prohibits a physician from making a referral for certain “designated health services” (DHS) to an entity with which the physician (or an immediate family member) has a financial arrangement, unless an exception applies. Concurrently with the Stark Law changes, the Office of Inspector General also issued new rules under the Federal Anti-kickback Statute, which will be addressed in separate client alerts.
> Read complete alert

GW Legal Alert: OIG ISSUES IMPORTANT NEW AND REVISED SAFE HARBORS

Fri, 11 Dec 2020 21:08:54 GMT

The United States Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) recently issued an important final rule (the “Final Rule”) that makes significant changes to existing “Safe Harbors” under the Federal Anti-kickback Statue (“AKS”) and that adds new Safe Harbors that provide protection from AKS sanctions for certain types of arrangements. > Read complete alert

New York implements new metrics to determine micro-cluster zones to protect hospital capacity

Fri, 11 Dec 2020 20:38:01 GMT

Under these updated metrics, Red, Orange and Yellow Zones will now be determined as follows:

A Red Zone will be implemented when a region reaches a critical hospital capacity—that is, when 90 percent of beds are full (after measures to increase capacity have been taken).

An Orange Zone will be implemented if an area has a 4 percent positivity rate over the past 10 days (on a 7-day average) and is located in a region that has reached 85 percent hospital capacity.

A Yellow Zone will be implemented if an area has a 3 percent positivity rate over the past 10 days (on a 7-day average) and is in the top 10 percent in the state for hospital admissions per capita over the past week and is experiencing week-over-week growth in daily admissions.

Convincing Patients Not to Delay Necessary In-Person Care During COVID-19: Top 5 Tips

Mon, 07 Dec 2020 21:15:04 GMT

Although the COVID-19 pandemic has spurred innovations throughout healthcare, many medical practices are wrestling with a stubborn trend: Due to anxiety about potentially contracting the virus, many patients are putting off in-person appointments. According to the Centers for Disease Control and Prevention (CDC), by June 30, 2020, an estimated 41 percent of U.S. adults had delayed or avoided medical care, including urgent/emergency care and routine care, because of concerns about COVID-19.

> See the Top 5 Tips

> Access the ACS Be Prepared Toolkit

New York Chapter Issues Joint Recommendations for Addressing the Surge of COVID

Fri, 04 Dec 2020 20:47:31 GMT

The New York Chapter ACS, working with its specialty partners, issued a letter to the to the Governor, NYSDOH and Senate and Assembly Members calling on the administration to protect access to surgical care. The joint letter provides the following recommendations and calls on New York to:

Define a clear plan to decompress ICUs
Maintain emergency access to critical medical and surgical care
Avoid a prohibition on medically necessary / essential surgeries
Operationalize a safe and effective vaccination program
Support interventions to secure additional PPE

> Read the letter

Physicians Need to Prepare to Order COVID-19 Vaccine

Thu, 03 Dec 2020 20:44:01 GMT

Step One - Register for the Immunization Information System:

Healthcare providers are strongly recommended to register in NYSIIS for providers in NYS, outside of NYC, and with CIR for providers located in NYC. This is because all COVID-19 Vaccination Program providers (each location submitting a profile) will need a NYSIIS account (for providers outside of NYC) or CIR account (for providers located in NYC). Your organization may currently have a NYSIIS or CIR account, but it is important to ensure that the appropriate staff have access.

For health care providers located in NYS outside of NYC, take the following steps for new users in NYSIIS - see the Checklist to Go Live with NYSIIS: 1). NYSIIS is located on the Health Commerce System (HCS). If responsible staff do not yet have an HCS account, they must apply for one, 2). Take the NYSIIS Administrative User Training.
For health care providers located in NYC, go to the online CIR registration page.

Step Two – Enroll in the COVID-19 Vaccination Program:

In addition to registering with NYSIIS or CIR, providers must enroll in the COVID-19 Vaccination Program. NYSDOH and NYC DOHMH are implementing a phased approach to provider enrollment and will notify healthcare facilities, providers and professional groups as each new group is opened for enrollment.
Providers in NYS, outside of NYC, will enroll in the NYS COVID-19 Vaccination Program through the Health Commerce System application "COVID-19 Vaccine Program Provider Enrollment" and should review the NYSDOH COVID-19 Vaccination Program Enrollment Letter for guidance. Providers in NYC will enroll in the NYC COVID-19 Vaccination Program through the CIR.
Networks with facilities or providers in both NYS and NYC should enroll their facilities or providers outside of NYC in the NYS COVID-19 Vaccination Program through the Health Commerce System and enroll their facilities or providers in NYC in the NYC Covid-19 Vaccination Program through the CIR.

Step Three – Ordering, Receiving and Administering Vaccine

When COVID-19 vaccine is available, providers will order COVID-19 vaccine through NYSIIS (for providers in NYS, outside of NYC) and CIR (for providers in NYC). Orders will be reviewed and approved by NYS DOH and shipped directly from the vaccine manufacturer or CDC distributor.
When vaccine is available, providers will monitor vaccine inventory; enter doses administered and/or perform data exchange (uploading and downloading data) between the provider's electronic health system and NYSIIS/CIR; enter vaccine returns and wastage; and generate reports for internal review (e.g. doses administered) in NYSIIS/CIR.

For questions, call the NYSDOH, Bureau of Immunization (518) 473-4437 or NYSDOH COVID-19 hotline 1-888-364-3065. Health care providers interested in learning more about the COVID-19 Vaccine Program may contact the NYSDOH at covid19vaccine@health.ny.gov. NYC providers with enrollment questions may contact NYC DOHMH at nycimmunize@health.nyc.gov or COVID-19: Vaccines.

For more information - click here

Keep a COVID-19 Diary: Document Now in Case of Future Lawsuits

Tue, 01 Dec 2020 21:03:06 GMT

For months, physicians and practice managers have been in crisis mode due to COVID-19 and have faced daunting challenges daily. What the future holds relative to the evolution of COVID-19 remains unknown, but it is certain that litigation for COVID-related claims is on the horizon and will impact physicians in all medical specialties and practice models.

> Read more

Optimizing Perioperative Pain Management: An Evidence-Based Approach

Mon, 23 Nov 2020 15:15:59 GMT

Nuances of patient characteristics demand a sophisticated approach to pain management.

Master the complexities of perioperative pain management with the real-life strategies highlighted in this new online program. Challenging patient scenarios across preoperative, intraoperative, and postoperative periods are used to demonstrate the array of pain management approaches essential for effective surgical care. The Optimizing Perioperative Pain Management course includes eight interactive, case-based modules:

Understanding Pain Mechanisms
Risks of Perioperative Opioids
Expectation Setting
Multimodal Pain Therapy
Outpatient Postoperative Opioid Prescribing
Pre-Existing Opioid Use
Substance Misuse History
Pain Management at the End of Life: Final Hours to Days

Under the leadership of John A. Weigelt, MD, FACS, a group of prominent surgeon and nonsurgeon experts in pain management collaborated to create this invaluable, concise resource.

Perioperative pain management remains the domain of surgeons. Expert use of available resources and a multidisciplinary approach will help take your surgical care to the next level.

Learning Objectives

After completing Optimizing Pain Management: An Evidence-Based Approach, learners will be able to:

Outline the array of pain management approaches essential for effective surgical care, including multimodal therapies and pain management with and without the use of opioids.
Describe differences in appropriate pain management approaches for straightforward and complex patient profiles across preoperative, intraoperative, postoperative, and end-of-life periods.
Discuss the implications of opioid use in perioperative patients and the strategies to manage patients with profiles ranging from opioid naïve, to opioid use for chronic pain, and to opioid dependency.

ACS Bulletin Brief

Tue, 17 Nov 2020 19:48:50 GMT

Top things to know

How Was Western Washington State So Effective in Managing COVID-19? A JACS Highlight

The Fight Continues: Contact Congress to Support Legislation Preventing Medicare Cuts!

Power of Purpose: The Importance of Managing Occupational Well-Being during COVID-19

You're Invited! Attend the Virtual 2020 ACS Board of Governors' Awards Program

The ACS SSR Makes MIPS 2020 Reporting Easy—Learn More and Submit by January 6, 2021

Don't Miss the Opportunity for FREE CME! Clinical Congress Content Still Available

NYS DOH: What you need to know updated on 11/16

Mon, 16 Nov 2020 20:04:24 GMT

Last Updated: November 16, 2020 at 1:14 PM

What You Need to Know

Bars, restaurants and gyms, as well as any State Liquor Authority-licensed establishment, must close in-person service from 10 p.m. to 5 a.m. daily.
Indoor and outdoor gatherings at private residences are limited to no more than 10 people.
New travel guidelines are in effect that allow out-of-state travelers to “test out” of the mandatory 14-day quarantine.
A new cluster action initiative is addressing COVID-19 hot spots that have cropped up across the state.
Go to New York's COVID Report Card to find COVID-19 positive case data for every school district in the state.
To report violations of health and safety restrictions and requirements for businesses, gatherings and individuals, please choose the appropriate link below:
- File a complaint about a business, location or incident in your community.
- File a complaint against your employer or place of work.
Go to forward.ny.gov to find: Industry guidance on re-opening; regional dashboards for monitoring how the virus is being contained; and information on loans for small businesses.
New Yorkers without health insurance can apply through NY State of Health through December 31, 2020; must apply within 60 days of losing coverage.
Health care workers can text NYFRONTLINE to 741-741 to access 24/7 emotional support services. Any New Yorker can call the COVID-19 Emotional Support Hotline at 1-844-863-9314 for mental health counseling.

ACS Anti-Racism Task Force Report of Recommendations

Wed, 11 Nov 2020 15:06:06 GMT

Following the killing of George Floyd, the Board of Regents of the American College of Surgeons, as a leader in surgery in the United States, recognized its responsibility to address the issue of structural racism within the American College of Surgeons and within the profession of surgery. A task force was appointed to evaluate these factors as a result.

The task force was chaired by J. Wayne Meredith, MD, FACS, MCCM, American College of Surgeons President 2020–2021, and populated by members who are committed to the issue of eliminating racism, who are senior leaders of the American College of Surgeons that have a strong understanding of its operations, and who are influential and empowered to make changes.

We concluded that current national attention provides an opportunity to potentially make great progress on the issue of structural racism in the American College of Surgeons and in the profession of surgery. As such, our recommendations are focused on antiracism and helping our own professional organization and our surgeons approach issues of race with excellence, skill and fidelity.

In the report, we identify Five Focus Areas of Progress, which include:

Just & Inclusive Environment
Cultural Competency
Diversity in the Workforce
Public Health Research
Advocacy & Legislative Reform

The report from the Anti-Racism Task Force can be accessed here. The Anti-Racism Task Force recommendations were enthusiastically endorsed by the American College of Surgeons Board of Regents, and the Board of Regents appointed a Regental Committee to expeditiously carry them out.

All our recommendations are important; some can be completed quickly, some in an intermediate phase, and some will take years to accomplish. Over the next few months, the Regental Committee will communicate progress in implementing the Anti-Racism Task Force recommendations and share periodic updates on activities.

Thank you,

J. Wayne Meredith, MD, FACS, MCCM
President, American College of Surgeons
Chair, Anti-Racism Task Force

L. Scott Levin, MD, FACS
Chair, Board of Regents, American College of Surgeons

Timothy J. Eberlein, MD, FACS
Regent, Board of Regents, American College of Surgeons
Chair, Anti-Racism Committee

David B. Hoyt, MD, FACS
Executive Director, American College of Surgeons

Keep a COVID-19 Diary: Document Now in Case of Future Lawsuits

Tue, 10 Nov 2020 19:42:01 GMT

According to attorney John E. Hall Jr., founding partner of Hall Booth Smith in Atlanta, Georgia, which specializes in defense of high-exposure cases involving hospitals and medical malpractice claims, COVID-19 claims are looming in the next one to three years. “The big-dollar plaintiff firms and the plaintiff conglomerates are already starting to advertise for these cases, and they're starting to file them,” Hall says. “There are over 800 cases filed already. Many of those are in the long-term care scenario but [they] are developing every day and in a variety of other areas.”

Are there existing medical liability protections in place? What types of claims are anticipated? What steps can physicians take now to prepare to defend claims in the future? These important questions were recently addressed by Mr. Hall and other expert healthcare executives and attorneys at The Doctors Company’s 2020 Virtual Executive Advisory Board (EAB) meeting.

Read the complete article

ACS Bulletin Brief

Tue, 27 Oct 2020 18:52:09 GMT

Top Things to Know

ACS Recommendations Concerning Surgery Amid the COVID-19 Resurgence

Tapped In: New Crucial Literature from JACS Compares L-TAP to Other Analgesia in Minimally Invasive Abdominal Procedures

Don't Miss It! ACS Tweet Chat Series Kicks Off on November 4 from 4 to 6 pm CT on Key Clinical Congress 2020 Sessions

ACS COVID-19 Registry Remains Open to Capture COVID-19 Patient Data during Latest Resurgence

SESAP 17 Advanced Now Available—Don’t Miss This Innovative Program with In-depth Educational Content

Take Action: Tell Your Member of Congress to Support Surgeons!

All It Takes Is Three Clicks—Tell Your Congressman to Say "No!" to Medicare Cuts

Wed, 21 Oct 2020 10:38:06 GMT

With the Centers for Medicare & Medicaid Services planning to implement payment cuts of up to 9 percent for surgical specialties in the next calendar year—jeopardizing operations for medical institutions and patient access to care while the COVID-19 pandemic continues to spread—it is critical that Congress take action to prevent these decreases. And as a surgeon whose perspective is highly valued by your representatives, your voice could be just the thing to get them to act.

You can tell your representative to say "No!" to Medicare cuts in just three clicks—go to SurgeonsVoice, fill out your information and submit your letter. This simple action could make all the difference in helping maintain patient access to vital surgical care.

Act now!

NYSDOH: Weekly Provider Update Compilation as of 10/1

Thu, 01 Oct 2020 19:05:35 GMT

Purpose: The purpose of this weekly publication is to provide healthcare providers in New York State with a consolidated update of guidance released by the New York State Department of Health (NYSDOH) related to the COVID-19 pandemic response. This will show only current guidance for any given topic and will be updated to reflect new guidance.

As a reminder, all advisories and informational messages (including webinar invitations) are distributed through the Integrated Health Alerting Network System (IHANS), an application housed on the Health Commerce System (HCS).

If you are not receiving IHANS notifications, please work with your site’s HCS coordinator. Additional COVID-19 resources may be found on the NYSDOH webpage under Information for Healthcare Providers.

Recordings of COVID-19 Weekly Healthcare Provider Updates are also available on the NYSDOH webpage

Economic Survival Strategies in the COVID World - Upcoming Webinar Series

Wed, 09 Sep 2020 22:11:04 GMT

ECONOMIC SURVIVAL STRATEGIES IN THE COVID WORLD

The Surgeon's Guide Series

Join the New York Chapter American College of Surgeons and its preferred wealth management education provider, AltfestPersonal Wealth Management, for an interactive webinar series that aims to answer your financial questions and provide peace of mind during this uncertain time.

Built upon ACS's Economic Survival Strategies in the COVID World initiative, each virtual event focuses on a different area of your financial life, and is led by an Altfest Personal Wealth Management expert in that field who is ready to take your questions.

UPCOMING EVENTS:

The Surgeon's Guide to Taking Control of Student Debt

Date: Wednesday, September 30 from 7:30-8:30pm

Presenter: Ben Lake, CFA, CFP®, student debt expert and senior financial advisor at Altfest Personal Wealth Management

Overview: Just because you're paying down student debt doesn't mean you have to put your other financial goals on hold. Even in the midst of COVID-19, there are options for restructuring your loans and establishing a strategy to start saving for retirement and major purchases, such as buying your first home. Join this webinar for step-by-step guidance on:

Choosing the right debt repayment plan
Prioritizing financial goals beyond debt and making an action plan
Establishing the right cash flow and savings plan for your needs

The Surgeon's Guide to Tax Reduction

Date: Wednesday, October 21 from 7:30-8:30pm

Presenter: Carolyn Yun, CPA, CFP®, tax expert and financial planning specialist at Altfest Personal Wealth Management

Overview: As year-end approaches, understanding the unique tax planning opportunities that apply to your situation could help save you money - whether you are an employed surgeon, in private practice, or residency. Join this webinar for actionable tax planning insights, including:

Tax benefits and reduction opportunities for a lower income year
Tax-aware investment and retirement strategies
What the SECURE Act, CARES Act and recent tax law could mean for you

The Surgeon's Guide to Assessing Your Financial Health

Date: Wednesday, November 18 during the Annual Meeting

Presenters: Andrew Altfest, CFP®, MBA, President, and Mike Prendergast, CFP®, MBA, Director and advisor at Altfest Personal Wealth Management

Overview: Now more than ever, your financial health is vital to your personal health. At the Annual Meeting, join Altfest for an interactive guide to taking comprehensive control of your financial life, including:

Understanding the current state of your financial health
Evaluating variables and options to consider based on your current scenario
Establishing short- and long-term goals, as well as informed next steps

Want to speak with a fee-only financial advisor now?

Schedule a complimentary consultation with Altfest at this link, or reach them at (212) 406-0850 or inquiry@altfest.com. Learn more about the firm’s comprehensive financial planning and investment management services for physicians at altfest.com/physicians.

New York Chapter American College of Surgeons Selects Altfest as its Preferred Wealth Management Education Provider

Wed, 09 Sep 2020 22:09:14 GMT

New York Chapter American College of Surgeons (NY Chapter ACS) is pleased to announce it has selected Altfest Personal Wealth Management as preferred wealth management education provider for its members.

NY Chapter ACS advocates for over 3,300 members throughout the state. In so doing, its efforts improve the quality of surgical practice and care to patients in New York. NY Chapter ACS is an affiliate of the American College of Surgeons (ACS). Founded in 1912, ACS is a scientific and education association of more than 82,000 surgeons.

“Our relationship with Altfest demonstrates further NY Chapter ACS’s commitment to deliver value to its members throughout their professional lifecycle and beyond, especially through this challenging time,” said NY Chapter ACS’s President, Dr. Marina Kurian. “Having Altfest as a partner enables members to receive custom tailored financial planning and investment management education as well as complimentary consultations on timely planning topics that are relevant to our members . As the demands on our surgeon members seem set only to increase, we find it important to provide needed support and services to promote surgeon education, resilience, and well-being. Our partnership with Altfest underscores this commitment to our members, and we look forward to The Surgeon’s Guide educational series, its contribution to our Economic Survival Strategies in the COVID World initiative.”

Andrew Altfest, CFP®, president of Altfest Personal Wealth Management, said, “We are honored to have been selected by NY Chapter ACS. Since its founding in 1983, Altfest has served the distinct financial planning and investment management needs of physicians. As NY Chapter ACS’s partner, we will continue to offer members timely, helpful, and usable financial planning information through a variety of means, including webinars, email communications, Advisor Call-In Days, and when appropriate, live events. We encourage members to take advantage of our educational content, which includes timely topics such as government relief programs and opportunities to take advantage of in a lower income year, in addition to creditor and asset protection, student debt management, tax reduction strategies, and more. We are pleased to offer NY Chapter ACS members a dedicated educational advisor who is on call to answer pressing financial questions at members’ convenience.”

“Given our many years of service to doctors,” Altfest continued, “we well understand the crucial part financial planning education plays in promoting their personal wellness. Altfest Personal Wealth Management is gratified to have been chosen for this important role.”

To learn more about Altfest Personal Wealth Management’s comprehensive financial planning and investment management service for physicians, visit altfest.com/physicians. NY Chapter ACS members can schedule complimentary consultations on the financial topic of their choice at this link.

ACS Bulletin Brief: September 8

Wed, 09 Sep 2020 13:53:10 GMT

ACS Bulletin Brief - September 1 Issue

Wed, 02 Sep 2020 14:32:51 GMT

Top Things to Know

ACS Mourns the Loss of Past-President Seymour I. Schwartz, MD, FACS

Registration Opens This Week for ACS Clinical Congress 2020!

ICYMI: Dr. Meredith Discusses the Racial Inequities Covered in His Fireside Chat with Dr. Vickers

ABS Outlines Pathway to Certification for QE Candidates

Considering a Virtual Chapter Annual Meeting? Georgia and Tennessee Chapters Share Their Experience

New Crucial Literature: Surgical Complications, including Thrombotic Complications and Bleeding, in COVID-19 Patients

What Lessons Did We Learn from COVID-19?

Tue, 01 Sep 2020 14:34:59 GMT

David L. Feldman, MD, MBA, FACS, Chief Medical Officer, The Doctors Company Group, and Laura Kline, CPCU, MBA, Senior Vice President, Business Development, The Doctors Company (reposted with permission)hare

Each year, The Doctors Company assembles healthcare leaders to discuss the most pressing issues affecting physicians, practices, and systems across the spectrum of care. The 2020 Executive Advisory Board meeting gathered top healthcare executives for a virtual discussion of shared pandemic experiences and lessons learned that can help healthcare organizations navigate through COVID-19 and beyond.

Here are the top 10 meeting takeaways:

Call to Action - Urge Governor Cuomo to Veto S.6678-A/A.7991-A OPMC Complaint Proposal

Thu, 20 Aug 2020 14:33:52 GMT

Urge Governor Cuomo to veto legislation (S.6678-A/A.7991-A) that would require every physician's office to post signage with information on how a patient can report a complaint to the NY Office of Professional Conduct (OPMC).

Let the Governor know that this proposal is unnecessary because the information is already publicly available on the OPMC website and could foster distrust in the physician-patient relationship.

Take a moment to send an email to Governor Cuomo using the prepared editable letter.

College Continues to Oppose Flawed Proposed Medicare Physician Fee Schedule

Tue, 18 Aug 2020 17:58:24 GMT

(reposted from ACS Bulletin Advocacy Brief - Aug. 13th Issue)

The Centers for Medicare & Medicaid Services’ proposed rule on the Medicare Physician Fee Schedule describes previously finalized changes to its coding and billing policies for office/outpatient evaluation and management (E/M) visits. Beginning in 2021, CMS will eliminate the history and physical exam as elements for evaluation and management code selection and will instead allow physicians to choose the E/M visit level based on the extent of their medical decision making or on time spent on the day of the encounter. CMS also will increase the value of most office, outpatient and E/M services, but these increases will not apply to global surgery codes.

To offset the increase in payment for E/M, CMS must cut reimbursement for other services. The agency therefore proposes to decrease the conversion factor from $36.09 to $32.26—a significant change of approximately 10.6 percent. CMS estimates a 7 percent reduction in total allowed charges for general surgery services relative to its proposals for 2021. The American College of Surgeons will continue to oppose CMS’ failure to increase payment rates for the E/M portion of 10- and 90-day global surgical packages.

In addition, the MPFS includes proposed changes to coverage for telehealth services after the COVID-19 public health emergency ends. CMS proposes to add certain services to the Medicare telehealth list permanently, along with a series of services that may be added to the telehealth list temporarily and remain payable only through the calendar year in which the PHE expires. The agency also seeks stakeholder feedback on the development of permanent coding and payment for audio-only telephone E/M visits.

The ACS is evaluating these and other proposals to determine the impact on surgery and will submit comments to CMS. The proposed rule is available for public review, along with a fact sheet on its payment provisions. Contact regulatory@facs.org with questions.

Take Action: Tell Congress to Stop the Cuts

Fri, 14 Aug 2020 17:59:42 GMT

You can help stop the proposed Medicare Physician Fee Schedule cuts by writing to your senators and representatives in Congress. Call on your elected officials to enact legislation to waive Medicare's budget neutrality requirements for these E/M adjustments and to require CMS to apply the increased E/M adjustment to all 10- and 90-day global code values.

Contact Congress today

ACS 2020 Quality and Safety Conference: View 2020 Best Practices Case Studies

Wed, 12 Aug 2020 18:01:37 GMT

In advance of the American College of Surgeons 2020 Quality and Safety Conference VIRTUAL, August 21–24, the College has posted the Best Practices Case Studies publication for 2020. The conference is being presented free of charge to ensure all can participate despite the economic hardships the COVID-19 has created.

Through the Best Practices Case Studies, hospitals participating in ACS Quality Programs have an opportunity to share their expertise in implementing surgical quality improvement initiatives within their facilities, with the goal of showcasing how participating hospitals have used programmatic data to improve their performance and outcomes. The Best Practices Case Studies publication is intended to allow program participants to learn from the experience of others and develop similar quality improvement projects within their own organizations.

Each Best Practices Case Study from the 10 hospitals highlighted in this year’s publication includes the following:

Description of the problem addressed
Context of the quality improvement process
Planning and development process
Description of the activity
Resources needed
Results
Tips for others

View the 2020 publication, then review Best Practice Case Studies from previous years. And make sure to register for free for the 2020 Quality and Safety Conference, where you can expect much more content on how to improve quality and safety at your institution.

Virtual Clinical Congress Program Expanded to Five Days: October 3–7, 2020

Wed, 12 Aug 2020 18:00:51 GMT

The Virtual American College of Surgeons Clinical Congress Program has been expanded to five days, starting on Saturday, October 3, and concluding on Wednesday, October 7. With the addition of Saturday and Sunday and the addition of an extra channel and extra slots each day, it has been possible to include all the previously approved Panel Sessions and Scientific Forum Sessions.

The Program Committee, under the leadership of Henri R. Ford, MD, MHA, FACS, FAAP, FRCSEng(Hon), has created a blueprint of this five-day program, which will be available soon after all the moderators have confirmed their participation. New registration information also will be disseminated soon. Recordings of the five-day program will be available after the Virtual Clinical Congress.

The ACS is pleased to offer this expanded Clinical Congress Program at no cost to all interested registrants in light of the economic impact the COVID-19 pandemic has had on health care professionals. We look forward to an exciting event and to your participation.

For additional information about the program, contact Ajit K. Sachdeva, MD, FACS, FRCSC, FSACME, at asachdeva@facs.org or Richard V. King, PhD, at rking@facs.org.

Toolkit Designed to Help Practices Overcome Telemedicine’s Challenges

Wed, 05 Aug 2020 18:06:04 GMT

Smith WR, Atala AJ, Terlecki RP, Kelly EE, Matthews CA, Smith WR. Implementation Guide for Rapid Integration of an Outpatient Telemedicine Program during the COVID-19 Pandemic. J Am Coll Surg.

Smith and co-authors describe the process of developing and integrating telemedicine capability into a surgical practice. They note that during the COVID-19 pandemic, social distancing has been necessary to help prevent disease transmission. Consequently, medical and surgical practices have limited access to in-person visits. This approach poses a challenge to maintain appropriate patient care while preventing a substantial backlog of patients once stay-at-home restrictions are lifted.

In practices that are naive to telehealth as an alternative to in-person care, providers and staff are experiencing challenges with telemedicine implementation. This article provides a comprehensive guide on how to rapidly integrate telemedicine into practice during a pandemic.

The authors built a toolkit that details eight essential components to successful implementation of a telemedicine platform: provider and staff training, patient education, an existing electronic medical record system, patient and provider investment in hardware, billing and coding integration, information technology support, audiovisual platforms, and patient and caregiver participation.

Rapid integration of telemedicine was required to be compliant with the institution's COVID-19 task force. Within three days of documentation of compliance, the large specialty-care clinic converted to a telemedicine platform and completed 638 visits within the first month of implementation. Effective and efficient integration of a telemedicine program requires extensive staff and patient education, accessory platforms to facilitate video and audio communication, and adoption of new billing codes outlined in this toolkit.

(reposted from ACS August 4th Bulletin Brief)

Informed Consent Refresher

Tue, 04 Aug 2020 18:28:29 GMT

Robert Morton, CPHRM, CPPS, Assistant Vice President, Department of Patient Safety and Risk Management

True informed consent is a process of managing a patient’s expectations; it is not just a signature on a document. Achieving an accurate diagnosis requires the patient to provide accurate information to the physician. The physician must then provide sufficient information to the patient so that he or she can make a reasonable and informed decision regarding a comprehensive plan for medical or surgical treatment. This physician responsibility cannot be delegated.

Informed consent cannot eliminate malpractice claims, but an established rapport between the patient and the physician based on robust exchanges of information can prevent patient disappointment from ripening into a claim.

Avoid medical jargon. Define and explain medical words and concepts using simple pictures and analogies.

Identify any uncertainty and risk involved with a specific treatment plan, including the probability factors, if possible. Discuss reasonable assumptions the patient may make about the treatment plan.

Encourage questions. Questions provide a better understanding of the patient’s comprehension of the information and facilitate the dialogue between the patient and the physician.

Documentation is another key component of the informed consent process that cannot be entirely delegated to a nurse or another member of the healthcare team. If the doctor-patient discussion proceeds successfully and the patient requests treatment, the doctor is required in some jurisdictions to write a note in the patient’s record.

The consent form must be signed and dated by the patient

Consent forms should also include statements to be signed by the patient and the physician. The patient attests that he or she understands the information in the treatment agreement. The physician attests that he or she has answered all questions fully and believes that the patient/legal representative fully understands the information. These statements help defend against any claim that the patient did not understand the information.

The informed consent process for same-day surgery patients may occur in the physician’s office before scheduling the procedure. That will allow the patient time to think about the information, ask questions, and make an informed decision.

Hospitalized patients must be informed as far in advance of the procedure as practicable. If the patient is incompetent or otherwise cannot consent, the physician is legally bound to obtain informed consent from the incompetent patient’s authorized representative, except in an emergency.

Every physician should develop his or her own style and system for the informed consent process, making it easier to avoid omissions.

Do not speed through the process. Give the patient and the family time to absorb and comprehend the information.

Assess the patient’s level of understanding just before documenting the process. This will increase the likelihood that you will be able to manage the patient’s expectations effectively.

HHS Extends Public Health Emergency Declaration

Fri, 31 Jul 2020 18:03:55 GMT

The U.S. Department of Health and Human Services July 23 formally extended the COVID-19 national public health emergency declaration, which was set to expire on July 25, for another 90 days. The declaration will remain in effect through October 23. This extension will allow for continued implementation of certain waivers and flexibilities issued to assist providers in responding to the COVID-19 pandemic, such as expanded coverage and payment for telehealth, site-neutral payment exceptions and scaled-back practice limitations for nonphysician health care professionals, among others.

Contact regulatory@facs.org with questions.

Joint Statement Urging New York Governor Andrew Cuomo To Sign Lifesaving Seat Belt Upgrade Into Law

Wed, 29 Jul 2020 18:54:42 GMT

The New York Chapter is proud to be part of a coalition urging the Governor to sign lifesaving measures for motorists into law.

FOR IMMEDIATE RELEASE: July 29, 2020

CONTACT: Pete Daniels / pdaniels@saferoads.org / 301-442-2249 (C)

S. 4336/A. 6163 will save lives, reduce injuries and curb costs

As organizations representing traffic safety, public health and medical professionals, emergency responders and the insurance industry, we are united in urging Governor Andrew Cuomo (D) to sign Senate Bill (S.) 4336 / Assembly Bill (A.) 6163 into law to improve the state’s current seat belt requirement. Passed by the State Legislature on March 3, 2020, S. 4336/A. 6163 was sponsored by Senator David Carlucci (D) and Assemblyman Walter Mosley (D) to close a gap in New York’s seat belt law. Since 1984, when New York became the Nation’s first state to enact a primary enforcement seat belt law for drivers and front seat passengers, rear seat passenger safety has lagged behind. It is time for New York to join the 19 states and Washington, D.C. that have already taken this essential action to protect all occupants.

Over the last decade, lack of seat belt use by rear seat passengers has contributed to significant numbers of fatalities and injuries in New York, with 300 people killed and over 29,000 people injured. The absence of a rear seat belt requirement leaves young people particularly vulnerable because rear seat occupants ages 16-24 have the lowest rate of belt use and account for approximately half of the state’s motor vehicle crash fatalities. A more comprehensive seat belt law will help protect all occupants and keep teenagers and young adults safe on the roads.

Read the entire release

###

The Biggest Financial Mistakes Surgeons Can Make and How to Correct Them

Wed, 29 Jul 2020 00:30:00 GMT

reposted from July 28 ACS Bulletin Brief)

Patrick V. Bailey, MD, MLS, FACS, Medical Director, Advocacy, ACS Division of Advocacy and Health Policy, Washington, DC, interviews Mark Aeder, MD, FACS, associate professor, transplant and hepatobiliary surgery, University Hospitals, Cleveland Medical Center, Ohio, about the biggest financial mistakes that surgeons can make. Topics include the importance of dedicated savings; managing debt, both “good” and “bad”; setting a financial plan; having appropriate insurance to cover various stages of life and more.

YFA Seeks Fellows for Mentorship Program

Fri, 17 Jul 2020 13:49:36 GMT

The Young Fellows Association (YFA) of the American College of Surgeons (ACS) is seeking applications from Fellows of the College who would like to apply for the year-long YFA Mentorship Program. We are in special need of mentors this year.

Mentoring teams are made up of three people:

Early career surgeon – an Associate Fellow (an ACS member out of training, but not yet FACS) or a young Fellow in practice less than 5 years, who traditionally will serve as a mentee in this triad relationship
Mid-level career surgeon – a Young Fellow (an ACS Fellow under the age of 45) who might serve as a mentor to the early career surgeon and a mentee alongside an advanced professional
Advanced professional – a ACS Fellow who holds a leadership within the ACS or an ACS Fellow who has been practicing for more than 10 years

The mentorship relationship will extend from October 2020 through October 2021.

Visit the Young Fellows Association webpage for more details and to access links to the Mentor and Mentee applications at

https://www.facs.org/member-services/yfa/mentor/annual

Questions can be directed to Alison Powers apowers@facs.org

Continue to Urge Congress to Intervene and Prevent Medicare Physician Payment Cuts

Fri, 10 Jul 2020 18:21:41 GMT

As you may know from recent ACS communications, finalized policies from the Centers for Medicare and Medicaid Services (CMS) will result in significant cuts to physician payment for most surgical services delivered to Medicare patients beginning in January of 2021. If implemented, these policies could also destabilize health system financing and drastically diminish the opportunity for hospital and physician offices to recover financially from COVID-19. For more information, visit https://www.facs.org/advocacy/federal/medicare/prevent-cuts.

The ACS and other surgical associations have urged Congress to intervene and introduce legislation that would waive budget neutrality, effectively preventing the cuts. The ACS will also continue to aggressively push Congress, but only strength in numbers from surgeon advocates at-large will help elected officials understand the importance and time sensitivity of this issue.

Recognizing the profound impact that cuts to physician payment could have on practices and Medicare patients seeking surgical services, please take immediate action and contact Congress via SurgeonsVoice! For more information, contact the ACS Division of Advocacy and Health Policy staff at ahp@facs.org.

Help Patients Feel Prepared to Return to the Health Care Facility for Surgery

Wed, 08 Jul 2020 18:16:30 GMT

As health care facilities resume operations paused due to COVID-19, a new survey shows a majority of people are reluctant to undergo procedures and may not reschedule necessary care while COVID-19 continues to circulate in communities. To help surgeons and hospitals address patient concerns, the American College of Surgeons (ACS) has released a new resource:

Preparing to Have Surgery during the Time of COVID-19.

Surgeon Toolkit
(Download the Word version)

Surgeon-Patient Discussion Guide

Surgeon-Patient Discussion Worksheet

George H. A. Clowes, Jr., MD, FACS, Memorial Research Career Development Award – Deadline: August 17

Thu, 02 Jul 2020 18:17:50 GMT

This award is offered through the generosity of The Clowes Fund, Inc., of Indianapolis, IN. Its purpose is to provide support for the research of a promising young surgical investigator. The award consists of a stipend of $45,000 for each of five years and is not renewable thereafter.

The award is restricted to a Fellow or Associate Fellow of the College who has completed an accredited residency in general surgery within the preceding seven years, not including time off for maternity leave, military deployment, or medical leave, and has received a full-time faculty appointment at a medical school accredited by the Liaison Committee on Medical Education in the United States or by the Committee for Accreditation of Canadian Medical Schools in Canada. The applicant’s academic appointment may not be above the level of assistant professor. Applicants should provide evidence (by publication or otherwise) of productive initial efforts in laboratory research.

For addition information about the award, please visit the George H. A. Clowes, Jr., MD, FACS, Memorial Research Career Development Award webpage.

CMS Releases 2020 MIPS Exception Applications Fact Sheet

Wed, 01 Jul 2020 00:00:00 GMT

The Centers for Medicare & Medicaid Services (CMS) recently released the 2020 Quality Payment Program (QPP) Exception Applications Fact Sheet. The fact sheet explains how to apply two types of exceptions: the Promoting Interoperability (PI) Hardship Exception and the Extreme and Uncontrollable Circumstances Exception. If individual clinicians, groups, and virtual groups meet certain criteria for a PI exception or experience extreme and uncontrollable circumstances—such as a natural disaster or public health emergency (including the COVID-19 pandemic)—they can submit an application to reweight their Merit-based Incentive Payment System (MIPS) Quality, Cost, Improvement Activities, and/or PI performance categories.

The fact sheet also explains situations where the automatic extreme and uncontrollable circumstance policy would be applied to individual clinicians located in a CMS-designated area affected by an extreme and uncontrollable event during 2020. However, CMS has not yet announced the COVID-19 pandemic as a triggering event for the automatic extreme and uncontrollable circumstances policy for the 2020 MIPS performance year. Therefore, if your 2020 MIPS data collection and reporting has been disrupted by the COVID-19 pandemic, you should submit application(s) for the extreme and uncontrollable circumstances policies.

To learn more, view the 2020 MIPS Exceptions Applications Fact Sheet here. Additional questions can be directed to QualityDC@facs.org.

Current ACS Scholarships Accepting Applications - Due June 30th

Thu, 18 Jun 2020 15:42:20 GMT

2020 Claude H. Organ, Jr., MD, FACS, Traveling Fellowship
Deadline: June 30

The Organ Traveling Fellowship is awarded to an outstanding young surgeon so he or she can attend an educational meeting or make an extended visit to an institution of his or her choice, tailored to his or her research interests. The successful applicant will receive the sum of $5,000 U.S. This amount is to be used to help defray travel and per diem expenses, plus the cost of any courses the awardee may take in association with the award. Full details and requirements are HERE.

Gerald B. Healy, MD, FACS, Traveling Mentorship Fellowship
Deadline: June 30

The Gerald B. Healy, MD, FACS, Traveling Mentorship Fellowship will be used to facilitate visiting and engaging with one or more successful mentors. The successful applicant will receive the sum of $5,000 U.S. This amount is to be used to help defray travel and per diem expenses, and to subsidize lost revenue from days away from clinical duties. Full details and requirements are HERE.

ACS Bulletin Brief - June 16th Issue

Wed, 17 Jun 2020 15:25:45 GMT

June 16^th issue of the newsletter, Bulletin Brief, is available below.

Key highlights:

NYS DOH Issues Updated Guidance on Resumption of Non-Essential Elective Surgeries and Non-Urgent Procedures

Sun, 14 Jun 2020 22:30:00 GMT

Today, the New York State Department of Health issued updated guidance for Resumption of Non-Essential Elective Surgeries and Non-Urgent Procedures in Hospitals, Ambulatory Surgery Centers, Office Based Surgery Practices and Diagnostic and Treatment Centers. Highlights from the guidance are included below and a link to the complete document is provided.

Hospitals

Hospitals in all counties may resume non-essential elective surgeries and non-urgent procedures in both inpatient and outpatient settings. Waivers are no longer required.

Hospitals should continue to monitor metrics, however, original thresholds of ICU total bed capacity, ICU bed capacity, and COVID hospitalization rate based on the HERDS survey data will no longer be used to qualify hospitals to resume and continue to perform non-essential elective surgeries and non-urgent procedures.

There is no longer a requirement to submit information about the types and numbers of surgeries and procedures to the Department on a monthly basis however, hospitals should have a mechanism to report this information to the Department if requested in the future.

Testing

The test period may now be extended from three days to five days prior to the surgery or procedure. Test results should be received and reviewed before conducting the surgery or procedure. The only exception would be a nonscheduled emergent procedure where testing prior to surgery may not be feasible. In this case, a thorough screening and history should be taken as well as appropriate precautions. A test should be performed as soon as possible, and if positive, may result in the need for health care worker exposure protocols to be followed. Providers / Hospitals do not have to perform the test; it is allowable to accept a third-party test provided it is a viral molecular assay as described above and is performed by a laboratory with any required permits and approvals.

Transfers / Hospital Capacity

The intention was clarified for for ambulatory facilities to maintain ongoing confirmation of local hospital capacity (bed census, ICU census, and ventilator availability). The intention of this guidance is for ASC, OBS, and DTC providers to monitor capacity at the hospitals to which they would normally be transferring to and/or recommend patients visit post procedure, if necessary. Providers should establish their own policies for frequency of monitoring and may monitor local hospital capacity by region at the following link: https://forward.ny.gov/early-warning-monitoring-dashboard.

PPE

There has been no change to the requirement for ASCs, OBSs and DTCs to have adequate PPE and medical and surgical supplies appropriate to the number and type of procedures to be performed. Adequate PPE means that an ambulatory provider has at least a seven-day supply of PPE on hand, and the provider’s supply chain can maintain that level to support outpatient surgeries and procedures without resorting to contingency or crisis capacity strategies. To prepare for a potential future surge, providers should be working towards having immediate access to a 90-day supply of PPE.

ACS Bulletin Brief - June 9th Issue

Tue, 09 Jun 2020 15:34:42 GMT

The June 9^th issue of the newsletter, Bulletin Brief, is available. Key highlights below:

American College of Surgeons Issues Call to Action on Racism as a Public Health Crisis

The ACS Board of Regents Held Its June Meeting Virtually Last Week—Mention of Clinical Congress is below

Planning for Clinical Congress 2020 to be presented remotely and consideration of a smaller live meeting in Chicago, IL, is under way. Issues to be addressed, based on the results of a member survey, include surgeons’ willingness to attend, the ability to realistically maintain social distancing with large crowds, and the impact of travel restraints some institutions have imposed. The concerns about a second surge in COVID-19 cases and the subsequent effect on the surgical workforce are real and are under consideration. A final decision will be made over the next two weeks.

Annual Dues Will Not Increase Next Year

New Legislation Provides Greater Flexibility for Small Business Loans

ACS releases new toolkit to guide communications with patients who may have fears

Wed, 03 Jun 2020 15:40:18 GMT

As hospitals resume operations paused due to COVID-19, a new survey shows a majority of people are reluctant to undergo procedures and may not reschedule necessary surgical care while COVID-19 continues to circulate in communities.* To help surgeons and hospitals address patient concerns, the American College of Surgeons (ACS) has released a new resource, Preparing to Have Surgery during the Time of COVID-19.

A new toolkit from the ACS accompanies the release of a patient discussion guide to help you communicate with your patients about the steps your hospitals are taking to reduce the risk of COVID-19, and stresses that, when it comes to talking about COVID-19, surgeon-patient communication is a shared responsibility.

The survey also found surgeons are the most influential voices for patients wondering whether their care will be safe. Personalized outreach, including phone calls, can ease fears and allow patients to ask you questions about what they can expect when they arrive at the hospital, ambulatory center, or your office. They want to hear directly from you, and no level of detail is too much in our current environment.

Included in this toolkit are templates and resources to help you reach out to patients directly who may also have wanted to reach out to you but are not comfortable making that first phone call. Also included are resources for traditional and social media, and your hospital or practice website, including:

The aforementioned discussion guide, with sample questions that your patients may ask. This guide will help you gather the information you will need to have detailed conversations and answer potential patient questions.
A companion document to help you prepare answers to anticipated patient questions and enlist members of the care team and administration as part of the preparation process.
A template press release that you can distribute to your local media.
Sample social media posts, images, and tips for posting.
A sample video script that can be used for recording on your phone or tablet, which you can post on social media or on your hospital or practice website. You can also work with your hospital’s media relations officer to record a video if your facility has its own studio or videographer.
A draft newsletter article that you can post on your hospital or practice website.

ACS Bulletin Brief - June 2nd Issue

Wed, 03 Jun 2020 00:30:00 GMT

The June 2 issue of the newsletter, Bulletin Brief, is available below.

Highlights include:

American College of Surgeons Response to Recent Violence and Protests

Mon, 01 Jun 2020 15:43:28 GMT

Recent events across the country have significantly impacted us all, particularly Fellows who are members of Black and Brown communities.

The ACS stands in solidarity against racism, violence, and intolerance. Our mission is to serve all with skill and fidelity, and that extends beyond the operating room.

Racism, brutal attacks, and subsequent violence must end. We will help any injured, and we will use our voice in support of the health and safety of every person.

ACS Bulletin Brief - May 26th Issue

Wed, 27 May 2020 00:30:00 GMT

The May 26 issue of the newsletter, Bulletin Brief, is available below. Highlights include:

Guide to PPP Loan Forgiveness

Fri, 22 May 2020 21:13:40 GMT

Under the Paycheck Protection Program (PPP) created by the CARES Act, loans may be forgiven if borrowers use the proceeds to maintain their payrolls and pay other specified expenses.

The Treasury Department and Small Business Administration recently released the application form and instructions for loan forgiveness. The forgiveness forms, instructions, and worksheets can be downloaded here.

PPP borrowers must apply for loan forgiveness with the lender that processed the loan.

NYSDOH Guidance on Resumption of Elective Outpatient Surgeries and Non-Urgent Procedures

Tue, 19 May 2020 21:18:00 GMT

This Guidance is directed at Ambulatory Surgery Centers (ASC) Office Based Surgery practices (OBS), and Diagnostic and Treatment Centers (DTC) that are located in counties without a significant risk of COVID-19 surge and are deemed eligible to perform Deferred Procedures, (i.e., elective surgeries and non-urgent procedures).

These centers and practices are required to meet the same provisions required of hospitals in these eligible counties that are also resuming deferred procedures.

Any ASC, OBS, or DTC that fails to comply with this Guidance may be subject to civil penalties.

Guidance for Elective Surgery and Non-Urgent Procedures in Ambulatory Settings.pdf

Small Business Loans for Physicians: Please Take the Survey

Wed, 06 May 2020 19:32:13 GMT

In late April, Congress approved an additional $310 billion dollars for the Paycheck Protection forgivable loan Program (PPP) to assist small businesses, including physician practices. To date, the program has approved assistance to nearly 250,000 New York businesses in two different rounds of application periods.

The Congressional package also provided $75 billion more for the CARES Act Health Provider Relief Pool, to assist hospitals and physicians. This is in addition to $30 billion dedicated to physicians and hospitals, in early April, based on 2019 Medicare payments, and $20 billion was just made available to physicians and hospitals based on 2018 total patient revenue.

As with its first survey, MSSNY wants to gather data to determine how much New York physicians are benefiting from these new resources, to better guide our advocacy for further stimulus bills.

Please help us evaluate this by taking a few minutes to fill out and submit the following Survey Monkey questionnaire.

Please take the survey here

COVID-19 Weekly Healthcare Provider Update Compilation as of May 6th

Wed, 06 May 2020 19:13:53 GMT

The purpose of this weekly publication is to provide healthcare providers in New York State with a consolidated update of guidance released by the New York State Department of Health (NYSDOH) related to the COVID-19 pandemic response.

This will show only current guidance for any given topic and will be updated to reflect new guidance.

Additional COVID-19 resources may be found on the NYSDOH webpage under Information for Healthcare Providers. Recordings of COVID-19 Weekly Healthcare Provider Updates are also available on the NYSDOH webpage.

Access the publication here

Preventing Coronavirus Transmission in Ambulatory Surgery Centers

Tue, 05 May 2020 21:50:52 GMT

In this pre-recorded webinar, the Joint Commission provides an overview of COVID-19 routes of transmission and focuses on prevention strategies for freestanding surgical centers to consider prior to resuming elective procedures: Preventing Coronavirus Transmission in Ambulatory Surgery Centers

Interpretative Guidance on Surgeries and Procedures that May Still Be Performed

Thu, 30 Apr 2020 19:19:26 GMT

The New York State Department of Health has issued the following interpretative guidance:

The March 23 and April 4 directives to suspend all non-essential elective surgeries and non-urgent procedures did not preclude general hospitals, ASCs, OBSs and D&TCs from performing certain surgeries and procedures related to the diagnosis of cancer (e.g., lumpectomies, biopsies), the treatment of intractable pain, or other diagnostic or treatment services for highly symptomatic patients.

The Department considers such surgeries or procedures to be "Tier 3a" as defined by CDC rules for urgent and emergency surgeries and procedures (see Attachment A).

Therefore, such surgeries or procedures should not be postponed or otherwise delayed, and should be scheduled and performed in accordance with the medical judgment of the treating physician. This interpretative guidance is applicable to all general hospitals, ASCs, OBS practices, and D&TCs in 811 counties of the State.

Read the full directive here

Governor Cuomo Issues Executive Order to Resume Elective Sugeries but Only in Hospitals and Hosptial Owned ASCs

Thu, 30 Apr 2020 01:30:00 GMT

This Executive Order permits certain hospitals in certain New York State counties to begin performing non-essential, i.e., elective, surgeries. The criteria consists of the following:

Eligible counties where non-essential surgeries can be performed must have total available inpatient and ICU capacity of over 30% with a total change in number of hospitalized COVID-19 positive patients during the period of April 17 – April 27 of less than ten.
For each hospital within an eligible county, the hospital must meet the numerical criteria set forth above.
General hospitals not meeting the criteria may seek a waiver from the New York State Department of Health (“DOH”) by submitting a plan.
DOH shall issue guidance for non-essential surgeries that will require all pre-operative patients to test negative for COVID-19.

Here is a list of eligible counties: Allegany, Broome, Cattaraugus, Chautauqua, Chenango, Delaware, Dutchess, Essex, Franklin, Fulton, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Putnam, Saratoga, Schoharie, Schuyler, St. Lawrence, Steuben, Sullivan, Tompkins, Ulster, Wayne, Wyoming and Yates.

Read the full order here

We Are Here for You - Take Care of Your Emotional Health

Mon, 27 Apr 2020 19:28:41 GMT

The NY Chapter commits itself to the health and well-being of NY surgeons and the health care community.

During this time we will share messages of support from your Chapter leadership & provide you w/ resources.

Share your messages!

We are Here for You #NYChapterACSUnites

HHS General Allocation Fund Portal is Open

Sun, 26 Apr 2020 20:10:43 GMT

The US Health and Human Services (HHS) has indicated that the application portal is open for physicians to avail themselves of a portion of the $20 billion allocation from the CARES Act Provider Relief Fund.

The AMA has advised that anyone who has a Billing TIN (including a pediatric or obstetric practice) who lost revenue in March and/or can estimate lost revenue in April due to the COVID-19 crisis, should be filling out this portal.

The AMA has also put together this guide to help physicians pull together the information they need to submit to the portal. Here is additional information from HHS regarding the distribution.

Safely Resuming Elective Procedures: NY Chapter ACS/HANYS Webinar on 4/27

Fri, 24 Apr 2020 19:40:15 GMT

Governor Cuomo announced elective outpatient treatments can resume on April 28 in counties and hospitals without significant risk of a COVID-19 surge. However, the state has not yet issued guidance.

To ensure these services can be resumed safely, the American College of Surgeons and other associations created a roadmap to guide readiness, prioritization and scheduling.

Mark Reiner, MD FACS, Chair of the Manhattan Council of the NY Chapter ACS will present this roadmap in a Safely Resuming Elective Procedures webinar on Monday, April 27, at 3 p.m.

This webinar will be co-hosted by HANYS and the New York Chapter of ACS. Please register online.

We are Here for You

Tue, 21 Apr 2020 19:39:33 GMT

The NY Chapter commits itself to the health and well-being of NY surgeons and the health care community. During this time we will share messages of support from your Chapter leadership and provide you with resources.

You are encouraged to share your messages of support using the following hashtag on Twitter and social media #NYChapterACSUnites

ACS Sends Letter to Mayor Deblasio on Emergency Care System

Sat, 11 Apr 2020 21:25:50 GMT

"We recognize the tremendous strain that the New York City healthcare system is facing in managing the COVID-19 pandemic. We are grateful for your leadership in working to both optimize care for patients and protect healthcare workers. The American College of Surgeons has worked with NYC hospitals to develop a robust trauma system to care for critically injured patients. This system is part of an emergency care system that responds to other time sensitive medical emergencies such as acute cardiac events and strokes. We have heard from the trauma directors in many of the Level 1 trauma centers that the system is overwhelmed by COVID patients and is at risk of being unable to provide care for these common emergencies. To that end, we have developed the attached statement on the importance of maintaining the emergency care system and have offered recommendations to meet this goal. We stand ready to assist you."

> Access the letter

> Read the ACS Statement on the Importance of Maintaining the Emergency Care System

Recent Legal Alerts issued by Legal Counsel

Sat, 11 Apr 2020 21:18:30 GMT

FCC Establishes New Covid-19 Telehealth Program

Centers For Medicare And Medicaid Services Expands The Accelerated And Advance Payments Program For Participating Providers And Suppliers

What Documentation Should Employees Provide Employers In Order To Obtain Federal Covid-19 Leave Benefits

CMS Issues Stark Law Blanket Waivers in Response to COVID-19 Pandemic

New York State Budget Implements Major COVID-19 Liability
Protections for Health Care Facilities and Providers

NYS DOH Compendium of Information

Sat, 11 Apr 2020 21:14:51 GMT

In an effort to consolidate COVID-19 related provider guidance the Department of Health has developed the attached provider compendium. The publication shows only current NYSDOH and CDC guidance for any given topic and will be updated weekly, or as significant guidance emerges, to reflect new guidance.

Weekly Provider Update

Missed this week's Healthcare Provider Update? You can access it here.

Health Advisory

Updated Protocols for Personnel in Healthcare and Other Direct Care Settings to Return to Work Following COVID-19 Exposure or Infection

Governor Cuomo Issues Executive Order to Redistribute Ventilators - Fill in This Survey

Wed, 08 Apr 2020 21:15:33 GMT

Due to a shortage of ventilators and urgent public need, Governor Cuomo has issued an executive order requiring all unused ventilators or equivalent devices to be reported and made available to the state.

Any institution, office, or person whose ventilator or equivalent device is used by the state will have their ventilator or equivalent device returned to them in the same condition, be provided with a newer replacement device, or receive financial compensation from the state to purchase a replacement.

Please fill out the following information and you will be contacted to arrange pick up of your device if it is needed.

Read our legal counsel's legal alert on the Executive Order.

Submit Your Spectacular Case for a Clinical Congress Discussion

Wed, 08 Apr 2020 13:31:36 GMT

We invite ACS-member surgical residents and associate fellows to submit ONE case worthy of a discussion at the annual Spectacular Cases panel at Clinical Congress 2020.

Seven selected spectacular cases will be selected. This is an opportunity for residents and associate fellows to present a case with spectacular significance (hint: because of a multidisciplinary approach in how the case was managed). Cases will be presented in an M & M style of case discussion. Selected spectacular cases (NOT case reports) will be presented to a group of expert panel members, followed by an interactive discussion.

The discussion will be held on Tuesday, October 6, 2020, from 8:00 – 11:15 am at the American College of Surgeons Clinical Congress 2020, in Chicago, IL.

Submissions are due by 5:00 pm CST on May 3, 2020. No exceptions for late entries.

You will need for your application:

Name
Title
Institution you are working at/training at
City, state
PGY level
Phone number, preferably cell phone
Email address
Twitter handle
One-page, 300 words (or less) abstract that includes the title and description of the case. Pictures and/or graphs are permitted. The references included can be outside of the 300-word limit.

Submit your ONE case here: https://www.surveymonkey.com/r/MY8HLJN

Contact Alison Powers at apowers@facs.org with any questions.

Governor Cuomo Announces Executive Order Allowing State to Redistribute Ventilators & Personal Protective Equipment to Hospitals with Highest Need

Fri, 03 Apr 2020 21:09:01 GMT

Governor Cuomo has issued an executive order giving the state the power to seize and redistribute medical equipment, including ventilators and PPE, from all private sector companies, medical practices, ASCs and hospitals with lower needs, in response to the number of COVID-19 patients flooding New York City hospitals.

The order calls for all office-based and ASC facilities to immediately inventory and surrender their ventilators and PPE (N95 masks, surgical masks, sterile gloves, surgical gowns and face shields). The order is expected to take effect this weekend.

The move is in response to Lenox Hill and other New York City hospitals, which have reached a crisis point in the need for ventilators to treat COVID-19 patients. New York now has more than 100,000 confirmed cases and its death toll is nearly 3,000 after its largest one-day increase. The state's death toll has nearly doubled in the last three days.

https://www.governor.ny.gov/news/amid-ongoing-covid-19-pandemic-governor-cuomo-announces-executive-order-allowing-state

NYSDOH Health Advisory: Options when Personal Protective Equipment (PPE) is in Short Supply or Not Available

Fri, 03 Apr 2020 14:36:34 GMT

Access the advisory

Healthcare entities should continue to submit requests for PPE through their local Office of Emergency Management. New York State continues to fulfill requests for PPE, as available. However, NYSDOH has become aware of instances in which healthcare providers, facilities, or practices are using or considering alternative means to manage PPE shortages,such as:

Use of dubious means to attempt to disinfect N95 respirators or facemasks (e.g. putting them in the dishwasher).
Use of a ventilator circuit filter attached to a disposable anesthesia facemask and strapped to the face in place of an N95 respirator.
Use of homemade cloth masks.

If all efforts to obtain PPE through vendors and local Office of Emergency Management are exhausted or unsuccessful, healthcare providers should refer to the CDC guidance entitled “Strategies for Optimizing the Supply of PPE”

Conventional, then contingency, then crisis capacity strategies should be used in that order, as feasible.

Many of the options from the CDC guidance document are summarized in the advisory.

For general guidance on the use of PPE in healthcare settings, please refer to CDC guidance entitled “Healthcare Supply of Personal Protective Equipment”

> Read the complete advisory

Governor Cuomo Announces Temporary Hospital Facility at Javits Convention Center Will Treat COVID-19 Patients

Thu, 02 Apr 2020 21:02:53 GMT

"As we all know the growing coronavirus cases are threatening the capacity of our hospital system. The state-owned Javits Center has been turned into a 2,500-bed emergency medical facility being run by the US Army. The original plan for Javits was that it be used to take non-COVID patients from hospitals to open up hospital beds. However, the number of COVID positive patients has increased so dramatically that it would be beneficial to the state if Javits could accept COVID positive patients.

"I asked President Trump this morning to consider the request and the urgency of the matter, and the President has just informed me that he granted New York's request. I thank the President for his cooperation in this pressing matter and his expeditious decision making."

- Governor Cuomo

https://www.governor.ny.gov/news/governor-andrew-m-cuomo-announces-temporary-hospital-facility-javits-convention-center-will

Consumers and Small Businesses Experiencing Financial Hardship Due to COVID-19 May Defer Paying Health Insurance Premiums through June 1, 2020

Thu, 02 Apr 2020 21:00:00 GMT

The Governor announced that, through June 1, 2020, consumers and businesses experiencing financial hardship due to COVID-19 may defer paying premiums under individual and small group health insurance policies. DFS shall consider any liquidity or solvency concerns of the health plans. During this period, health plans will be required to continue to pay claims, not to report late payments to credit rating agencies, and to work with individuals to help them transition to new coverage, if appropriate. In addition, insurers are reminded that they cannot impose late payment fees. Governor Cuomo thanked Connecticut Governor Ned Lamont for his collaboration on this initiative.

Access the complete release
(Information found on page 2)

NYSDOH Hosts Weekly Calls to Update the Medical Community - Thursdays at 1pm

Thu, 02 Apr 2020 14:49:06 GMT

The NYS Department of Health is hosting weekly provider calls to update the medical community on outbreak. The calls take place on Thursday afternoons from 1-2pm.

Recordings of the weekly healthcare provider COVID-19 calls are posted within a few days of the initial presentation.

> Recordings can be found here

CARES Act: Emergency Small-Business Loan Applications Available

Wed, 01 Apr 2020 21:11:57 GMT

Loans Expected to be Exhausted Quickly: Prepare Your Materials Now

Surgeons in private practices impacted by the COVID-19 outbreak are advised to begin preparing necessary materials now to apply for assistance from the U.S. Department of the Treasury’s Paycheck Protection Program (PPP) – a key portion of the CARES federal economic stimulus package that authorizes up to $349 billion toward job retention and certain other expenses.

The Treasury Department and U.S. Small Business Administration (SBA) expect to have this program operational as early as Friday, April 3, with loan applications approved the same day. Most banks are expected to require a pre-existing banking relationship with the applicant for a PPP loan; therefore, it is strongly recommended to first apply for a loan at a bank where you already have an account.

Surgeons should immediately begin preparations to finalize their PPP applications and remain in contact with their lenders to identify the earliest opportunity to make their loan available.

All loan payments will be deferred for six months. Most importantly, the SBA will forgive the portion of the loan proceeds that are used to cover the first eight weeks of payroll costs, rent, utilities and mortgage interest. Small businesses and individuals who are self-employed or independent contractors – including plastic surgeons – are eligible if they also meet program size standards.

Applications will be accepted through June 30, but many experts believe the funds will be exhausted in a very short time period.

NYS DOH Health Advisory: Update on Specimen Collection and Handling for Alternative Acceptable Specimen Collections

Wed, 01 Apr 2020 21:00:00 GMT

This advisory supersedes specimen collection and handling guidance from NYSDOH, released originally on March 25, 2020.

This update further extends previous recommendations that nasal and oropharyngeal swab specimen collection is an acceptable alternative, with recommendations for the collection of one (1) nasal swab AND one (1) saliva specimen through healthcare personnel (HCP) observed patient self-collection for specimens submitted to Wadsworth Center,if nasopharyngeal (NP) supplies are unavailable.

If you are using a laboratory other than the Wadsworth Center, follow the laboratory’s guidance for all specimen collection, handling, and transport processes, including whether nasal swab AND saliva specimen, or nasal swab AND OP swab specimen collection methods are acceptable alternatives to an NP swab.

For any suspected COVID-19 cases, ensure appropriate infection control precautions are in place and immediately notify the infection control lead at your facility and the local health department (LHD).
Review local testing options for those who do not require clinical outpatient/inpatient medical care

> Read the complete advisory

NYSDOH: Protocols for Essential Personnel to Return to Work Following COVID-19 Exposure or Infection

Tue, 31 Mar 2020 21:00:00 GMT

This advisory supersedes guidance from the New York State Department of Health issued on March 28, 2020, to clarify that this guidance applies to essential personnel who have been exposed to a confirmed OR suspected case of COVID-19.

Public and private sector organizations that provide essential services or functions where personnel are needed to perform critical functions, including infrastructure, public safety, and other essential operations, may allow personnel who were exposed to or are recovering from COVID-19 to work in the workplace setting,if needed to maintain essential operations.

Essential services or functions include but are not limited to public health personnel, utility and water operators, skilled manufacturers and supporting supply chains, transportation infrastructure, law enforcement, and emergency response personnel.

Essential personnel who have been exposed to a confirmed or suspected case of COVID-19 can return if the following conditions are met.

NYSDOH Health Advisory: Updated Protocols for Personnel in Healthcare and Other Direct Care Settings to Return to Work Following COVID-19 Exposure or Infection

Tue, 31 Mar 2020 21:00:00 GMT

This advisory supersedes guidance from the New York State Department of Health to Hospitals, Nursing Homes (NHs) and Adult Care Facilities (ACFs) pertaining to the COVID-19 outbreak, released on March 16, 2020, and further clarifies the updated guidance issued on March 28, 2020.

Entities may allow healthcare personnel (HCP) who are confirmed with COVID-19 or have been exposed to a confirmed or suspected case of COVID-19, or who have traveled internationally in the past 14 days, whether healthcare providers or other facility staff, to work if all of the following conditions are met.

Contact a Financial Advisor to Discuss Your Concerns on April 3rd

Mon, 30 Mar 2020 21:14:43 GMT

Given the current health crisis, our strategic partners are stepping up to help our members. The New York Chapter ACS is pleased to have selected Altfest Personal Wealth Management as its preferred wealth management education provider for its members.

During this time, we believe our members may benefit by having access, at no cost or obligation, to a financial advisor from Altfest.

On April 3, 2020, between 10am-12pm and 1:30pm-3pm, our members can schedule a 30 minute phone call to discuss concerns and questions regarding their financial matters.

These calls are designed to provide information regarding our member’s most pressing concerns. This is not meant to take the place of a formal introduction/ review/or recommendation process. Needless to say, Altfest will schedule a follow-up call or meeting with members who want more information, including about how to engage the firm’s custom financial planning and investment management services for themselves.

Should your interest exceed capacity for services on Friday, we will make sure that your needs are addressed.

Please note that these calls are to provide general information of a non-binding nature and do not replace detailed individual advice for investment or financial decisions.

Schedule a Call

A List of Governor Cuomo's Executive Orders

Sun, 29 Mar 2020 21:05:13 GMT

Executive orders are a method for the state government to ensure all actions can be taken to respond effectively and efficiently to a state emergency without being impeded by state laws and regulations that ordinarily serve a purpose but during the emergency can often hinder the fastest and best response to an emergency.

The executive order accomplishes this goal by suspending or modifying certain laws or regulations that are listed in the order.

> See a complete listing and explanations of the Executive Orders as provided by MLMIC

NY ACS Alerts Governor and Agencies On Issues Impacting Surgeons

Sat, 28 Mar 2020 21:15:45 GMT

The New York Chapter of the American College of Surgeons continues to mobilize efforts to assist in caring for New Yorkers and reduce the spread of the Coronavirus.

Recently the Chapter sent a letter to Governor Cuomo and shared with officials in the New York State Department of Health, New York Department of Financial Services, and the New York State legislature alerting them to the following items:

Personal Protective Equipment
Interpretation of Immunity
Crisis Standards
Maintenance of Emergency Access to Critical Medical and Surgical Care as Essential Public Health Services
Liability Relief
Volunteer Immunity

The letter is enclosed.

Additionally, the New York Chapter Board of Directors is meeting on a weekly basis to identify barriers, help our members navigate the outbreak and provide recommendations to policymakers.

Governor Announces Medical Malpractice Relief

Sat, 28 Mar 2020 21:13:58 GMT

On March 27, 2020 the Governor announced that for a 60 day period, consumers and small businesses experiencing financial hardship due to COVID-19 may defer paying premiums for property and casualty insurance, including auto, homeowners, renters, workers comp, medical malpractice, livery and taxi. No late fees will be assessed and no negative data will be reported to credit bureaus during this time, and late payments will be payable over a one-year period. More details are forthcoming.

Additionally, you may call your malpractice carrier to ask about their additional accommodations for relief, such a reduction to part-time status:

Meet the Mandate: Managing Pain and Opioid Use Education Course Now Available

Fri, 13 Mar 2020 21:23:11 GMT

Updated Content!

All NYS Licensed prescribers are again required to satisfy and attend to three hours of CME Pain Management Training. The new cycle (renewal) deadline is 7/1/2020.

What You Need to Know

Target Audience - Physicians, nurse practitioners, residents, registered nurses, nurses, physician assistants, dentists, and pharmacists.
The initial course deadline was 7/1/17 and every 3 years thereafter.
The new cycle (renewal) deadline is 7/1/2020.
Newly licensed prescribers are mandated to complete training within 1 year of receipt of your license and every three years thereafter.
For Residents prescribing under a hospital or facility DEA number:
- Residents must complete the course within 1 year of the start of their residency and every 3 years thereafter
- Hospitals must attest that ALL residents prescribing under their institutional DEA number have completed the required training
The course is $20.00.
Take the Course

ACS Urges Caution in Opening Communications with COVID-19 Map

Fri, 13 Mar 2020 21:13:11 GMT

The Health Sector Cybersecurity Coordination Center (HC3) of the U.S. Department of Health and Human issued an announcement March 10 that a malicious website posing as the live map for Coronavirus Disease 2019 (COVID-19) global cases from Johns Hopkins University, Baltimore, MD, is circulating on the Internet. Visiting the website infects the user’s computer with the AZORult trojan, an information-stealing program, which can exfiltrate a variety of sensitive data. It is likely being spread via infected e-mail attachments, malicious online advertisements, and social engineering. Furthermore, anyone searching the Internet for a Coronavirus map could unwittingly navigate to this malicious website. The American College of Surgeons urges members to avoid opening any electronic communications from corona-virus-map[dot]com and that health care provider security teams blacklist any indicators associated with this specific threat.

A sample of the malware being deployed by “corona-virus-map[dot]com” was submitted and analyzed and received an extremely malicious threat score of 100/100 with anti-virus (AV) detection at 76 percent. Hybrid-Analysis labelled this sample as a trojan.

For details, go to: https://blog.reasonsecurity.com/2020/03/09/covid-19-info-stealer-the-map-of-threats-threatanalysis-report/, send requests for information to HC3@HHS.GOV, or call the HC3, Monday-Friday, 9:00 am–5:00 pm Eastern time, at 202-691-2110.

ACS Sends Letter to Key House Committee Leaders on Surprise Billing

Fri, 13 Mar 2020 00:00:00 GMT

The American College of Surgeons (ACS) joined other physician specialty organizations in sending a letter to congressional leaders as they work to reach a compromise on surprise billing legislation. The letter, which was sent to the Chairs and Ranking Members of the House Committees on Energy and Commerce, Education and Labor, and Ways and Means, outlines key components for a fair and effective legislative solution to surprise billing. At present, committee leaders are working to reconcile differences in their approaches to tackling the issue with the goal of including language in a broader package to extend certain health care programs beyond May 22.

For more information, contact Carrie Zlatos, ACS Senior Congressional Lobbyist, at czlatos@facs.org.

CMS and ONC Release Final Rules to Advance the Interoperability of Health Information

Fri, 13 Mar 2020 00:00:00 GMT

The Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) released final rules March 9 that will implement interoperability and patient access provisions of the 21st Century Cures Act. The final rule put forth by CMS focuses on driving interoperability and patient access to health information by implementing policies that will help patient data flow freely and securely between payors, providers, and patients. The goals of the two rules are aligned in many ways; however, the rule that ONC introduced aims to provide additional opportunities for innovation through secure access to health data and new tools to help patients shop for and coordinate their own care.

Both rules finalized the adoption of standardized application programming interfaces and information-blocking provisions. Together, these final rules mark the most extensive health care data sharing policies the federal government has implemented, requiring both public and private entities to share health information between patients and other parties while keeping that information private and secure.

CMS and ONC both offer fact sheets that summarize the finalized policies in these rules. For more information, contact QualityDC@facs.org.

Submit Clinical Congress 2020 RAS-ACS Symposium Essays by April 3

Fri, 13 Mar 2020 00:00:00 GMT

The Resident and Associate Society of the American College of Surgeons (RAS-ACS) invites all ACS Resident and Associate Fellow members to submit an essay to the annual RAS-ACS Symposium debate by the April 3, 2020, deadline. This year’s topic is Surgical Resident Unionization.

For participating institutions, resident unions provide a mechanism to unify and mobilize residents, who otherwise are departmentally based and decentralized. However, some argue against resident unionization for myriad reasons—from the financial to the cultural.

To participate in this debate, submit a 1,000-word essay taking either the pro or con position and submit it to the application site no later than 5:00 pm Central on the deadline. Details about the debate topic can be found on the application site.

First-place winners of this essay contest will compete in the debate 1:00–3:00 pm Central time, October 4, 2020, at Clinical Congress 2020 in Chicago, IL. The two second-place winners will have their submissions published in the November issue of the Bulletin of the American College of Surgeons.

Submit your essays, and contact Rasnews@facs.org with any questions.

Novel Coronavirus (COVID-19) Resources for Physicians

Thu, 12 Mar 2020 18:03:05 GMT

Physicians should utilize the New York State Department of Health website that has up-to-date information on COVID-19 and includes information on known cases of COVID-19, cleaning and disinfection guidance, help for childcare providers and schools, and guidelines for individuals who have recently traveled internationally.
https://health.ny.gov/diseases/communicable/coronavirus/providers.htm

Reporting
COVID-19 is a reportable disease. If novel Coronavirus is suspected, immediately notify the local health department (LHD) where the patient resides.

Health care providers should review: CDC's Interim Guidance for Healthcare Professionals Evaluating Persons Under Investigation (PUI)

Free Communication Resources
CDC offers free resources including video, fact sheets, and posters.
https://www.cdc.gov/coronavirus/2019-ncov/communication/index.html

Additional Resources
CDC Website for Healthcare Professionals
https://www.cdc.gov/coronavirus/2019-nCoV/hcp/index.html

Legal Alert: Coronavirus (Covid-19) Strategies And Suggestions

Fri, 06 Mar 2020 21:52:19 GMT

The New York Chapter's legal counsel has put the following alert together regarding COVID-19.

The number of confirmed cases of COVID-19 in the United States is increasing rapidly and health care providers need to be prepared.

Federal, state and local government agencies recommend that health care providers take various steps during their preparation efforts, including the following.

CDC and ACS Resources on the Coronavirus

Thu, 05 Mar 2020 21:18:02 GMT

As the number of cases of Coronavirus Disease 2019 (COVID-19) continues to rise internationally, the American College of Surgeons (ACS) recommends that all surgeons continue to monitor the website of the Centers for Disease Control and Prevention (CDC) for the latest updates and information about it.

Here you'll find an information section on the CDC COVID-19 website solely dedicated to health care professionals:

Go to CDC Information for Health Care Professionals

Although you may not currently be experiencing COVID-19 exposure issues in your practice setting, now is the time to prepare for it. Start by familiarizing yourself with these infection control practices in the event you encounter someone with symptoms.

To review protective gear steps, download and view this three-page CDC instructional document.

ACS will continue to monitor the situation and post updates to this page as needed.

If you have any information that you think the ACS should be aware of, please email: dhoyt@facs.org

Funds Available to Reduce Debt, Join or Establish a Practice, or Recruit Surgeons

Thu, 20 Feb 2020 20:05:20 GMT

The New York State Doctors Across New York (DANY) program is now accepting applications.

The DANY initiative includes several programs collectively designed to help train and place physicians in underserved communities,in a variety of settings and specialties,to care for New York’s diverse population. The DANY Physician Loan Repayment (PLR)and Physician Practice Support (PPS)programs make funds available to help recruit physicians to and encourage them to remain in medically underserved areas of the state.

Funding is provided in exchange for a physician’s commitment to work in an underserved area for a three-year period (DANY service obligation period).

This is the seventh DANY PLR/PPS cycle of funding. For Cycle VII, both PLR and PPS awards will provide up to $40,000 per year for three years to or on behalf of a physician who agrees to practice in an underserved area for the three-year DANY service obligation period.

Up to $9million is currently available under this Request for Applications (RFA), which is expected to result in approximately 75three-year awards.

,DANY funds can be awarded to: (1) a physician to pay qualified educational debt; (2) a physician to submit the costs of establishing or joining medical practices; or (3) a health care facility to recruit or retain a physician by providing the physician with a sign-on bonus, funds to repay outstanding qualified educational debt, or enhanced compensation. In all cases,100 percent of the funds ultimately must be distributed to the physician or the physician’s practice.

To learn more please visit: https://www.health.ny.gov/professionals/doctors/graduate_medical_education/doctors_across_ny/

Medicaid Redesign Team Begins its Work

Mon, 17 Feb 2020 16:19:47 GMT

On February 11th, the second iteration of the Governor’s Medicaid Redesign Team (MRT) met. The Team is charged with recommending $2.5 billion in Medicaid savings as part of an effort to enact a State Budget by April 1.

The meeting reviewed the successes of the previous MRT, a statement of the general charge and activities for the MRT 2, and identifying the highest cost drivers in the Medicaid program that will be under the microscope for revisions.

Public input will be solicited online as well as through 3 upcoming public forums/evening webinars. The next one will take place on Tuesday February 18^th from noon – 3pm, at the Monroe County Community College, High Falls Auditorium, 321 State St., Rochester, NY

To submit your ideas for Medicaid cost-saving suggestions visit their form online.

There are 3 meetings of the MRT 2 scheduled including one on March 2 in NYC and a third meeting to be announced for mid-March. There will also be a Long Term Care advisory group established.

Cost Drivers

In looking at the services for 6.2 million Medicaid enrollees, among the highest cost drivers identified included:

LTC and Consumer Directed Personal Care Program (800% growth from 2016 to 2021)
Prescription Drugs (36% growth from 2011 to 2019, exceeding 25% medical CPI)
Transportation (up 131% from 2011 to 2019)
Case management including Health homes
Program Integrity (reducing fraud and abuse, and ensuring cost-efficient delivery of care for Medicaid recipients)
Distressed Hospitals (160% increase)

It was also noted that, among the 770,000 “dual eligibles” in New York, only 3% are enrolled in managed care programs.

The only area where physician care under Medicaid appeared to be directly implicated was the stated 344% increase in the Patient Centered Medical Home program from 2011 to 2019, which pays physicians a PMPM bonus to help manage the care of certain Medicaid patients. However, DOH also noted that patients enrolled in PCMH also had significantly lower health costs overall than non-PCMH enrollees.

Submit your abstracts and videos today!

Tue, 11 Feb 2020 15:27:45 GMT

The Call for Abstracts and Videos for Clinical Congress 2020, October 4–8 in Chicago is now open.

The Owen H. Wangensteen Scientific Forum offers researchers the opportunity to present the results of their original, basic science, clinical, education, health sciences, and translational research.

The Video-Based Education Sessions aim to educate surgeons and members of surgical teams in order to improve the care of the surgical patient as well as safeguard the standards of care in an optimal practice environment.

The History of Surgery Poster Session offers surgical history enthusiasts the opportunity to present on subjects of interest related to the history of the field of surgery and its subspecialties.

Start submitting abstracts and videos today.

The last day to submit abstracts and videos is Monday, March 2 at 11:59 pm (CST).

Join the Commission on Cancer (CoC) and National Accreditation Program for Breast Center (NAPBC) Site Reviewer Teams

Thu, 06 Feb 2020 00:23:16 GMT

The Commission on Cancer (CoC) and the National Accreditation Program for Breast Centers (NAPBC) are actively seeking medical professionals to join their accreditation site visit teams. Physicians with an interest in learning more about cancer patient care delivery across the country, as well as have a desire to positively impact the quality of that care, are strongly encouraged to apply.

Accreditation by the CoC and NAPBC quality programs of the American College of Surgeons demonstrates a cancer program’s commitment to providing high-quality, multidisciplinary, patient-centered cancer care. Site Visit Reviewers perform a vital service in the accreditation process through site visits to and evaluation of cancer programs.

More information is available in the CoC and NAPBC surveyor applications.

2019 SurgeonsVoice Grassroots Activity Makes an Impact

Fri, 24 Jan 2020 18:44:56 GMT

The American College of Surgeons (ACS) Division of Advocacy and Health Policy (DAHP) reported numerous legislative successes last year, including the introduction or reintroduction of more than 16 ACS-supported bills.

These accomplishments are attributable in large part to surgeon-advocate engagement via SurgeonsVoice. Thousands of participants contacted members of Congress about key health policy priorities, resulting in nearly 6,000 grassroots actions. To date, activity surrounding surprise or unanticipated medical billing had the highest participation rate of any issue campaign, with more than 1,100 Fellows, residents, and young surgeons working to effect change.

Surgeons’ voices and expertise continue to play a critical role in helping to educate and inform policymakers. As Congress continues to consider important health care legislation that will affect surgical patient care, all ACS members are encouraged to engage in advocacy.

To learn more and participate, visit the SurgeonsVoice web page.

ACS Joins Physician Community Letter on Surprise Medical Billing

Thu, 23 Jan 2020 18:43:32 GMT

The American College of Surgeons (ACS) signed a letter to the House Committees on Ways and Means and Education and Labor as they consider policy solutions to the issue of surprise medical bills. The letter highlights the medical community’s commitment to working with Congress to develop an equitable legislative solution to protect patients from surprise medical bills, while also facilitating a process to quickly, efficiently, and fairly resolve physician and health plan billing disputes. The ACS remains actively engaged as Congress looks toward addressing surprise medical billing before the end of May.

For more information, contact Carrie Zlatos, ACS Senior Congressional Lobbyist, at czlatos@facs.org.

Governor Cuomo Announces 36th Proposal of 2020 State of the State: Strengthening Oversight of Physicians and Other Medical Professionals

Fri, 10 Jan 2020 15:40:46 GMT

Governor Andrew M. Cuomo today announced the 36th proposal of his 2020 State of the State Agenda - strengthening the oversight of physicians and other medical professionals to protect patients.

The Governor is proposing a comprehensive set of reforms to provide the Department of Health's Office of Professional Medical Conduct with tools to investigate, discipline and monitor physicians, physician assistants and specialist assistants licensed in New York, providing greater transparency in physician discipline and reducing the length of misconduct investigations.

According to the release, areas he will address include:

Making Investigations and Non-Disciplinary Actions Public
Eliminating Lifetime Licensure
Reform Public Health Law's Burdensome Provisions
Consumers Have Up-To-Date and Accessible Information about New York State Licensed Physicians

"The first responsibility of any medical professional is do no harm, and when someone violates that oath they must be held appropriately accountable," Governor Cuomo said. "These sweeping proposals will help ensure patients have access to critical information they need to make informed decisions about their healthcare and give state health regulators more tools to investigate and penalize providers for dangerous, unethical or illegal behavior."

> Read the full press release

Deadline Extended to 1/17 - Resident Travel Awards for Leadership and Advocacy Summit

Wed, 08 Jan 2020 16:22:58 GMT

The deadline for the Resident Travel Awards for the Leadership & Advocacy Summit has been extended from January 10^th to Friday, January 17.

The American College of Surgeons (ACS) is pleased to again offer a limited number of scholarships to Resident Members of the American College of Surgeons who are interested in attending the upcoming Leadership & Advocacy Summit, March 28–31, 2020, at the Renaissance Downtown Hotel in Washington, DC. The ninth annual Summit is a dual meeting that offers volunteer leaders and advocates specialized educational sessions focused on effective surgeon leadership, interactive advocacy training, and coordinated visits to Congressional offices

The award will cover up to $500 in housing and transportation costs.

Full details about the awards and how to apply can be found at the following link:.

The deadline to apply is now Friday, January 17, 2020.

2020 New York State Legislative Session Begins Today

Wed, 08 Jan 2020 15:33:16 GMT

Today marks the start of the 2020 legislative session and right outside the NY Chapter ACS offices, there are about 300 people participating in an anti-vaccination demonstration growing in size.

The NYS Senate and Assembly is set to convene at noon today.

Governor Andrew M. Cuomo will hold the 2020 State of the State Address in the Empire State Plaza Convention Center in Albany at 1:30 PM today.

"Last year we laid out the most aggressive agenda in modern political history and we got it done," Governor Cuomo said. "This year we'll build on that record of accomplishment and continue restoring confidence in government as a force for good. We're going to set the bar even higher, making progress happen for the people of this great state and sending a signal to a weary country to follow New York as we lead the way upwards."

Here is a list of his proposals that he has pre-released that will impact healthcare. What we didn't see in his original list is the legalization of marijuana, but do anticipate him introducing something.

STATE BUDGET

New York’s budget gap for the coming year stands at $6.1 billion. It’s the largest state budget gap since the Great Recession, mostly attributed to $4 billion in Medicaid overspending.

New York’s Medicaid program covers over 6 million residents and is projected to reach $74.5 billion in 2019, in total costs split between the federal government, state and local governments.

In 2019, the Cuomo administration delayed payments into April, thereby transferring the issue into the 2020 state budget.

Gov. Andrew Cuomo’s administration has cited a trio of issues facing Medicaid spending including: An increase in the minimum wage, a phase out of federal funding and an aging population that has seen more people enroll in long-term care.

On December 31, 209 - the NYS Department of Health released a proposal in the NYS Register to cut Medicaid payments by 1%. It’s expected to save $124 million in "gross Medicaid expenditures" in the final quarter of the current fiscal year, and $496 million in each subsequent year, according to the notice.

The across-the-board rate cut would impact providers such as hospitals, nursing homes, doctors and others who provide care through the state’s Medicaid program, which serves roughly 6 million New Yorkers, most of whom are children, seniors or individuals with disabilities.

The Medical State Society of New York and several organizations including the New York Chapter ACS have signed onto a joint letter calling on the Governor to reconsider across the board payment reduction, other Medicaid reductions and protect this critical program to our State’s most vulnerable residents, the workers who care for them and the providers who bear the responsibility.

ASSEMBLY LEADERSHIP CHANGES

Assemblyman Brian Kolb has officially resigned as minority leader, following a drunk driving arrest on New Year’s Eve just days after writing an op-ed against drinking and driving. Not only that He was apparently twice the legal limit when he crashed and tried to blame his wife for the crash.

The new Assembly minority leader is William Barclay - a nine-term legislator, who was named deputy minority leader in 2012 and served in that role in 2018. Barclay currently serves as the top Republican on the Ways and Means Committee, which is responsible for all business that pertains to the state budget. He lives halfway between Syracuse and Watertown.

NY CHAPTER ACS UPCOMING ADVOCACY EVENTS

The New York Chapter will participate in a press conference on 1/13/2020 to help launch the Statewide Campaign to Ban Flavored Tobacco.
Mark your calendars for New York Chapter ACS PAC Reception is May 4th and Annual Advocacy Day: Tuesday, May 5, 2020!

Nomination Process Open for 2020 ACS/Pfizer Surgical Volunteerism and Humanitarian Award

Tue, 07 Jan 2020 21:05:27 GMT

The 2020 ACS/Pfizer Surgical Volunteerism and Humanitarian Awards nominations process is open through February 15, 2020.

There are five award categories for which an individual can be nominated: humanitarian, domestic volunteerism, international volunteerism, military volunteerism, and resident volunteerism.

The awardees will be announced in September and recognized at the ACS Clinical Congress 2020 in Chicago, IL.

These awards recognize ACS Fellows and members whose altruism, vision, leadership, and dedication provide models to emulate and whose contributions have made a lasting difference.

To learn more about the nomination process visit www.facs.org/ogb/award-winners/nominations.

Gov. Cuomo Vetoes Bill to Legalize eScooters / eBikes

Thu, 26 Dec 2019 15:14:58 GMT

On December 26th, the Governor vetoed S5294-A/A7431-B, a piece of legislation that would have authorized three classes of electric assist bicycles and electric scooters to operate in New York State, subject to local regulation.

His veto message said the bill overwhelmingly passed by lawmakers this year didn't include enough safety measures, such as a helmet requirement. “Failure to include these basic measures renders this legislation fatally flawed," he said. He also cited recent accidents including the November death of a 16-year-old boy in Elizabeth, N.J., who was struck by a tow truck while riding a rental scooter.

In a tweet, the Governor said "There is no need for us to choose between legalizing e-bikes and safety, and I will propose a bill that does both on January 8."

The NY Chapter ACS will be monitoring the new proposal in 2020.

ACS Call for Nominations: Officers-Elect and Board of Regents

Sat, 21 Dec 2019 16:07:10 GMT

The American College of Surgeons (ACS) 2020 Nominating Committee of the Fellows (NCF) and the Nominating Committee of the Board of Governors (NCBG) will be selecting nominees for leadership positions in the College as follows:

Call for Nominations for Officers-Elect

The 2020 NCF will select nominees for the three Officer-Elect positions of the ACS: President-Elect, First Vice-President-Elect, and Second Vice-President-Elect. The deadline for submitting nominations is February 21, 2020.

Call for nominations for Board of Regents

The 2020 NCBG will select nominees for four pending vacancies on the Board of Regents to be filled at Clinical Congress 2020. The deadline for submitting nominations is February 21, 2020.

Full details regarding the submission process can be found on the ACS website.

Gov. to Deliver 2020 State of the State at Empire State Plaza - NYers Invited - Seats Limited

Fri, 13 Dec 2019 19:39:36 GMT

Governor Andrew M. Cuomo announced today that the 2020 State of the State Address will be held in the Empire State Plaza Convention Center in Albany on January 8 at 1:30 PM.

New Yorkers wishing to attend should visit the Governor's homepage to register between December 20th at 12:00 PM and December 30th at 5:00 PM.

Resident Travel Awards for Leadership & Advocacy Summit - Deadline to Apply is 1/10/2020

Wed, 11 Dec 2019 18:55:39 GMT

The American College of Surgeons (ACS) is pleased to offer a limited number of scholarships to Resident Members of the American College of Surgeons who are interested in attending the upcoming Leadership & Advocacy Summit, March 28–31, 2020, at the Renaissance Downtown Hotel in Washington, DC. The ninth annual Summit is a dual meeting that offers volunteer leaders and advocates specialized educational sessions focused on effective surgeon leadership, interactive advocacy training, and coordinated visits to Congressional offices.

The award will cover up to $500 in housing and transportation costs.

Full details about the awards and how to apply can be found at the following link: https://www.facs.org/advocacy/participate/summit/resident-awards. The deadline to apply is Friday, January 10, 2020.

Optimal Resources for Cancer Care - 2020 Standards are Available

Mon, 09 Dec 2019 19:12:29 GMT

The Commission on Cancer (CoC) is pleased to announce that its new accreditation standards, Optimal Resources for Cancer Care (2020 Standards), are now available for download.

Download Optimal Resources for Cancer Care (2020 Standards)

The CoC hosted a high-level introductory webinar on the 2020 Standards on November 18. Links to the webinar recording and slides are available below.

CoC Overview 2020 Standards Webinar Recording

CoC Overview 2020 Standards Webinar PowerPoint

Upcoming Education Opportunities

Workshops

April 22–24, 2020—Rosemont, IL (CoC/NAPBC joint workshop)
August 27–29, 2020—Denver, CO

Online Education

Online series with tips for each standard—To be released early 2020
CAnswer Forum LIVE 2020—Six webinars beginning in February 2020

National Meeting Presentations

Association of Cancer Executives—January 22–24, 2020, New Orleans, LA
National Cancer Registrars Association—May 31–June 3, 2020, Lake Buena Vista, FL

New Law Prohibits Unconsented Pelvic Exams When Not in Ordinary Course of Care

Sat, 23 Nov 2019 19:52:58 GMT

Governor Cuomo has signed into law legislation (S.1092-E/A.6325-C) that prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious patient, except when clinically warranted. The law takes effect on April 4, 2020.

The law was designed to respond to reports of medical students being asked to perform such exams, without express patient consent, as part of their medical training in teaching hospitals.

Specifically, the legislation provides that “No person shall perform a pelvic examination or supervise the performance of a pelvic examination on an anesthetized or unconscious patient unless the person performing the pelvic examination is legally authorized to do so and the person supervising the performance of the pelvic examination is legally authorized to do so and:

The patient or the patient’s authorized representative gives prior oral or written informed consent specific to the pelvic examination;
The performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient and to which the patient has already given oral or written consent; or
The patient is unconscious and the pelvic examination is medically necessary for diagnostic or treatment purposes, and the patient is in immediate need of medical attention and an attempt to secure consent would result in a delay of treatment which would increase the risk to the patient’s life or health.”

This bill also makes violation of such provision an element of physician misconduct.

Several other states have passed similar laws expressly banning this practice without clinical justification.

The American College of Obstetricians & Gynecologists have issued an ethical opinion that “Pelvic examinations on an anesthetized woman that offer her no personal benefit and are performed solely for teaching purposes should be performed only with her specific informed consent obtained before her surgery”.

NYS Workers' Compensation New Formulary Effective 12/5

Fri, 22 Nov 2019 22:09:57 GMT

The New York Workers’ Compensation Board Drug Formulary (NY WC Formulary) becomes effective on December 5, 2019.

All new prescriptions for injured workers in New York State must be listed within the NY WC Formulary unless an alternative medication has been approved through the NYS Workers’ Compensation Board’s new prior authorization process.

The new electronic prior authorization process will soon be available through the Board’s Medical Portal; please watch for the notification.

Please visit the Board’s Drug Formulary Overview webpage for:

An overview of the NY WC Formulary and the prior authorization process
The latest version of the NY WC Formulary (effective 11/5/19)
A video overview for Medical Providers
A Quick Guide to the NY WC Formulary
An NY WC Formulary Dashboard Guide for Medical Providers

Information and resources related to requesting prior authorization through the Board’s Medical Portal, can be found on the Board’s Medical Portal Overview webpage.

For more information or assistance: http://www.wcb.ny.gov/content/main/hcpp/DrugFormulary/overview.jsp

Prior Authorization Hassles - Tell Us How Much it Impacts Patient Care

Wed, 20 Nov 2019 20:46:24 GMT

The NY Chapter of the ACS has worked with MSSNY and numerous physician advocacy groups in support of multiple pieces of legislation to reduce physicians’ administrative burden to ensure that their patients can receive the medications they need. Recent successes include a law that gives physicians greater authority to override a health insurer “step therapy” or “fail first” prescription medication protocol in certain circumstances.

However, there is still work to do to reduce the need for unnecessary and repetitive prior authorizations that take time away from your patient care delivery. During its annual advocacy day event, the NY Chapter advocated in support for prior authorization reform > read more

MSSNY has developed a survey to obtain data regarding the extent of your prior authorization hassles.

We encourage you to take part in this survey and to help us educate the legislature on the necessity for reform! Complete the survey

New York AG Announces Lawsuit Against e-Cig Company

Tue, 19 Nov 2019 19:40:30 GMT

On Tuesday, November 19th, State Attorney General Letitia James announced a lawsuit aimed at JUUL Labs. In it, the company is accused of using deceptive and misleading marketing in the sale of its e-cigarettes. The suit alleges the practice contributed to the youth vaping epidemic in New York.

According to James’ office, JUUL illegally sold its products to minors though its website and third-party retail stores throughout the state resulting in a large number of young people to become addicted to nicotine. In addition, the suit alleges the company misrepresented its products as a safer alternative to traditional cigarettes.

“There can be no doubt that JUUL’s aggressive advertising has significantly contributed to the public health crisis that has left youth in New York and across the country addicted to its products,” James said in a statement. “By glamorizing vaping, while at the same time downplaying the nicotine found in vaping products, JUUL is putting countless New Yorkers at risk.”

The New York State Department of Health says there have been 42 deaths and 2,172 cases of severe vaping-related illnesses across the country, including 146 cases in New York.

The New York Chapter ACS strongly recommends that every effort be made to prevent the initiation of e-cigarettes by youth and adults. The use of products containing nicotine in any form is unsafe and in youth can harm brain development. Furthermore, evidence indicates that young e-cigarette users are at increased risk for both starting to smoke and becoming long-term users of combustible tobacco products. > Read our statement on e-Cigarette, Cannabis and Tobacco Use

How to Establish and Maintain an Online Presence as a Surgeon

Sun, 17 Nov 2019 20:38:42 GMT

The American College of Surgeons Young Fellows Association (ACS YFA) Communications Committee is developing a series of short, animated videos to explain how to establish and maintain an online presence as a surgeon.

The first video, available on the ACS website, discusses the three types of websites: canned databases, personal websites, and professional society profiles. Watch the first video in the series and make sure to check back soon as more are added.

Apply for ACS Fellowship before December 1

Fri, 15 Nov 2019 20:41:38 GMT

The NY Chapter of the ACS encourages interested surgeons and associate members to apply for ACS Fellowship before the December 1 deadline. If you are eligible to become a Fellow, applications received by December 1 will be considered for conferral of Fellowship at the 2020 Clinical Congress, October 4–8, in Chicago, IL.

The letters FACS (Fellow, American College of Surgeons) after a surgeon’s name mean that the surgeon’s education and training, professional qualifications, surgical competence, and ethical conduct have passed a rigorous evaluation, and have been found to be consistent with the high standards established and demanded by the College. Take this opportunity to become a Fellow and add this important designation to your credentials.

In addition to the many benefits outlined in the FACS brochure, Fellows of the ACS have the opportunity to engage with other surgeons in their community by joining one of the College’s 114 local chapters. At the chapter level, surgeons can network and build strong relationships with surgical peers, participate in advocacy and educational activities, take on leadership roles, give back to the profession through volunteerism, and mentor young surgeons.

Visit the Become a Fellow webpage and realize the potential of your profession today!

U.S. House Passes Palliative Care Legislation

Fri, 08 Nov 2019 15:55:25 GMT

The U.S. House of Representatives October 28 passed the Palliative Care and Hospice Education and Training Act (PCHETA), H.R. 647/S. 2080.

A priority of the 2019 ACS Advocacy Summit and At Home Program, the bill would improve the training of health professionals in palliative care by creating Palliative Care and Hospice Education Centers to provide short-term, intensive courses focused on palliative care and establishing traineeships for individuals preparing for advanced degrees as nurses, social workers, or physician assistants who focus their studies in palliative care. In addition, the legislation expands palliative care research to strengthen clinical practice and improve care delivery for patients with serious or life-threatening illnesses.

H.R. 647/S. 2080 was introduced by Reps. Eliot Engel (D-NY), Tom Reed (R-NY), Yvette Clarke (D-NY), Buddy Carter (R-GA), Frank Pallone (D-NJ), and Greg Walden (R-OR) and Sens. Tammy Baldwin (D-WI) and Shelley Moore Capito (R-WV). The American College of Surgeons (ACS) will continue its advocacy on this important issue to ensure swift passage of the bill in the U.S. Senate.

For more information about PCHETA, contact Amelia Suermann, ACS Congressional Lobbyist, at asuermann@facs.org

New York Workers' Compensation Formulary Effective 12/5 - Training Available

Thu, 07 Nov 2019 15:58:15 GMT

The NYS Workers Compensation Board Drug Formulary (NY WC Formulary) becomes effective in four weeks (12/5/19) for new prescriptions.

Training materials related to the NY WC Formulary, as well as an updated version of the NY WC Formulary (effective 11/5/19), can be found on the NYS Workers Compensation webpage:

Drug Formulary Overview System pages

Information and resources related to the Board's Medical Portal, which is used to access the prior authorization system, can be found on our Medical Portal Overview webpage.

For more information or assistance

Visit http://www.wcb.ny.gov/content/ebiz/drugformulary

General Formulary questions: email WCBFormularyQuestions@wcb.ny.gov

Technical Support questions: email WCBCustomerSupport@wcb.ny.gov

Subscribe for email notifications at http://www.wcb.ny.gov/notify

Outbreak of Lung Injury Associated with the Use of E-Cigarette, or Vaping, Products

Mon, 14 Oct 2019 15:00:14 GMT

The CDC has penned a new name for vaping-related illness: EVALI, which stands for e-cigarette, or vaping, product use associated lung injury, according to new healthcare recommendations the agency released Oct. 11.

The interim guidelines focus on initial assessment, criteria for hospital admission and treatment, patient follow-up, considerations for high-risk groups and public recommendations regarding EVALI. Rapid diagnosis and an understanding of treatment options could reduce EVALI morbidity and mortality, the CDC said.

Initial assessment recommendations include a respiratory virus panel, especially during flu season, and evaluation of community-acquired pneumonia. Treatment guidelines suggest using corticosteroids. Of 140 patients who received the medication nationwide, 82 percent showed improvement, according to the CDC. However, the agency cautions providers to withhold corticosteroids when evaluating for infectious etiologies, like pneumonia, that could potentially worsen with corticosteroid treatment.

CDC is currently developing guidelines for EVALI healthcare encounters as new data emerges. While the exact chemicals responsible for the illness are still unknown, CDC recommends people stop or decrease use of products containing THC and/or nicotine.

As of November 5, 2019, 2,051* cases of e-cigarette, or vaping, product use associated lung injury (EVALI) have been reported to CDC from 49 states (all except Alaska), the District of Columbia, and 1 U.S. territory.

Thirty nine deaths in 24 states and the District of Columbia: Alabama, California (3), Connecticut, Delaware, District of Columbia, Florida, Georgia (3), Illinois (3), Indiana (3), Kansas (2), Massachusetts (2), Michigan, Minnesota (3), Mississippi, Missouri, Montana, Nebraska, New Jersey, New York, Oregon (2), Pennsylvania, Tennessee (2), Texas, Utah, and Virginia.
- The median age of deceased patients was 53 years and ranged from 17 to 75 years (as of November 5, 2019).

For EVALI updates from the CDC, click here.

ACS Traveling Fellowships to ANZ, Germany, and Japan

Fri, 11 Oct 2019 15:11:22 GMT

Applications are due Friday, November 15

The International Relations Committee of the American College of Surgeons (ACS) has announced the availability of traveling fellowships to Australia and New Zealand (ANZ), Germany, and Japan.

The traveling fellowships encourage the international exchange of information concerning surgical science, practice, and education and foster professional and academic collaborations and friendships. The traveling fellowships, which are available in most surgical specialties, are open to ACS Fellows under the age of 50.

The Traveling Fellows will spend a minimum of two or three weeks in the countries that they visit. Their activities will include attending and participating in the 2020 annual scientific meeting of the host country: Royal Australasian College of Surgeons, Perth (May 3-7); Germany Society of Surgery, Munich (April 8–10); and Japan Surgical Society, Chiba (April 8–10). View the full description and a link to the application form on the ACS website. [https://www.facs.org/member-services/scholarships/traveling].

Questions may be directed to the Scholarships Administrator, at scholarships@facs.org.

ACS Faculty Research Fellowships for 2020-2022 Available

Mon, 07 Oct 2019 15:25:54 GMT

The closing date for receipt of applications and all supporting documents is November 15, 2019

The College offers faculty research fellowships through the generosity of Fellows, Chapters, and friends of the College, to surgeons entering academic careers in surgery or a surgical specialty. These fellowships assist surgeons in the establishment of a new and independent research program. Applicants should have demonstrated their potential to work as independent investigators. The fellowship award is $40,000 per year to support the research.

The Franklin Martin Fellowship honors the College's founder. The C. James Carrico Fellowship is dedicated to trauma and critical care research. There are two more undesignated fellowships. All of them are two years in length.

The full requirements and application form are posted on the ACS website at https://www.facs.org/member-services/scholarships/research/acsfaculty. Questions may be directed to the Scholarships Administrator, at scholarships@facs.org.

New York Warning About Vaping Products

Sun, 08 Sep 2019 19:21:08 GMT

Adapted from the Times Union

New York state is being more forceful in its warning about vaping products as the state Health Department has urged people to stop using them until the cause of a rash of serious respiratory illnesses can be determined.

While attending New York City's Labor Day parade Saturday, Gov. Andrew Cuomo said, "our health guidance is no one should be using vaping products period until we know what it is."

Health Commissioner Dr. Howard Zucker then issued a statement Saturday saying at the direction of Cuomo, and heeding warnings from the U.S. Centers for Disease Control and Prevention, "I am urging New Yorkers to stop using vape products while the investigation into the definitive cause of reported vaping-associated illnesses nationwide can be better determined."

The CDC is reporting that more than 450 possible cases of vaping-related illness have been reported, with five users dying who live in California, Illinois, Indiana, Minnesota, and Oregon.

Additional legislation we support in efforts to prevent tobacco and vaping related complications include: S.428 Hoylman/A.47 Rosenthal - prohibits the sale and distribution of flavored e-liquid for use in e-cigarettes.

> Learn more about the Chapter's priorities

ACS Signs Letter Urging Senate Appropriators to Remove Ban on UPI

Fri, 06 Sep 2019 00:24:01 GMT

As part of its ongoing advocacy efforts surrounding patient matching and the Unique Patient Identifier (UPI), the American College of Surgeons (ACS) joined 56 stakeholder organizations in signing a letter urging leadership of the U.S. Senate Committee on Appropriations to remove language from the fiscal year 2020 Labor, Health and Human Services Education and Related Agencies Appropriations bill. This provision prohibits the Department of Health and Human Services (HHS) from spending federal dollars to adopt a UPI.

CMS Regional Listening Session on Opioid Prescribing

Thu, 05 Sep 2019 16:23:54 GMT

The CMS regional will consult with stakeholders on the best way to communicate with physicians and other prescribers about how their opioid prescribing compares to peers.

The target audience includes, but is not limited to, clinicians treating Medicare beneficiaries under new Part D regulations; State Medical Societies; and third-party payers.

CMS is seeking feedback to develop a methodology to establish outlier prescriber thresholds; the tone and content of the feedback report to clinicians; how to identify a “medical specialty” from the NPI framework; how to define geographic areas for the analysis; and recommendations on appropriate opioid prescribing guidelines.

The listening sessions are intended to fulfill the CMS “consultation with stakeholder” requirements in Section 6065 of the SUPPORT Act. Importantly, the sessions are critical to inform the methodology CMS will used to define “outlier prescribers.” Stakeholder feedback is also essential to help CMS craft notifications that will drive change in prescribing behavior without encouraging providers to inappropriately reduce or abandon opioid prescribing. CMS must be thoughtful and respectful about how we communicate with providers around opioids, and the input we get through these listening sessions will help guide our efforts.

A list of questions will be provided to those who register, and dial in information will be shared in advance of the call to take place on 9/17 at 4pm.

Please register using the following link: https://www.eventbrite.com/e/cms-region-ii-prescriber-listening-session-opioids-tickets-71540679097

New Look and Process for CMS Local Coverage Determination (LCDs)

Wed, 31 Jul 2019 18:08:06 GMT

Changes to National Government Services Local Coverage Determination Process

In accordance with Section 4009 of H.R. 34-21st Century Cures Act (Public Law No: 114-255), CMS is updating the “Medicare Program Integrity Manual” with detailed changes to the LCD process. These changes were communicated in CMS Transmittal 863, issued on 2/12/2019.

Please ensure your staff is aware of the LCD revisions and transition of all coding to related articles. There has been no change in coverage associated with this update.

All coding information, will be removed from the LCDs and placed in a related billing and coding article, including national coverage provisions, and associated information (documentation requirements, utilization guidelines).
The article name will begin with “Billing and Coding,” followed by the title of the associated LCD.
Bill types, revenue codes, CPT/HCPCS codes, ICD-10 codes, as well as any coding guidance or mention of codes in the LCD will now be found in the associated billing and coding article.
Several LCDs will be revised for 8/1/2019 publication. The remaining LCDs will be revised in the coming months, with all completed by 1/1/2020.
Billing and coding articles will be listed on the Medical Policy Center page alongside the related LCD.

MLMIC Releases its Case Review in Podcast Format

Fri, 26 Jul 2019 20:34:13 GMT

For the first time, the July 2019 issue of MLMIC’s Case Review is available here as a podcast (see below).

This allows policyholders and non-policyholders alike to listen to an audio version of each case study and its accompanying legal and risk management analysis.

The cases in this new issue include:

Case Study #1: Gastroenterologist and Hospital Absolved after Disastrous Outcome
Case Study #2: Poor Communication Regarding Medical Management Results in Patient Death

MLMIC Releases Albany Report - Legislative developments impacting the New York medical professional liability marketplace

Fri, 26 Jul 2019 20:31:04 GMT

The June 2019 issue of MLMIC’s Albany Report, is now available here.

It offers a concise, insider’s view of pending legislative, regulatory, and political developments that have an impact on the New York State medical professional liability insurance marketplace.

Oppose Legislation that Forces Out of Network Physicians to Accept Median In-Network Rates and Gives Health Plans Unfettered Power to Lower Payment Rates

Wed, 10 Jul 2019 20:36:16 GMT

As a surgeon advocate within your state, the ACS Division of Advocacy and Health Policy (DAHP) needs your immediate assistance to help garner additional opposition to legislation moving through the U.S. Senate, the Lower Health Care Costs Act of 2019 which seeks to address unanticipated/surprise medical billing.

Recently, this issue has garnered much public attention, and has risen to the level of congressional action. While the ACS continues to work with Congress to propose meaningful solutions to address this issue, the College needs your help in opposing this legislation introduced by Sens. Lamar Alexander (R-TN) and Patty Murray (D-WA).

This legislation includes a federally benchmarked payment rate tied to the in-network median rate to resolve the issue of surprise billing and excludes a fair Independent Dispute Resolution (IDR) process.

Let Us Amplify Your Voice!

A sample email message has been crafted for you and will take less than 2 minutes to send via SurgeonsVoice If you prefer, you may also send a traditional letter. A sample is available for you.

7 Issues Impacting Surgeons: An Update from the ACS Legislative Committee

Wed, 03 Jul 2019 20:40:21 GMT

As the Governor Liaison to the ACS Legislative Committee, I would like to report that the Committee has had a busy year thus far, with ongoing developments regarding multiple issues, the most salient of which are highlighted in this newsletter.

You can help these causes not only by writing your Congressional Delegates, but also by becoming active at the State level within the New York Chapter of the ACS. Please be an ACS Advocate, even if only at your local government level: truly it can make a difference-or rather, should I say, YOU can make a difference. Best wishes to all for a happy and safe July 4th.

Anthony J. Vine, MD, FACS
Asst. Clinical Professor of Surgery,
Icahn School of Medicine at Mount Sinai Hospital, NY, NY
Laparoscopic Surgical Center of NY

ACS-NY Newsletter: It's a Wrap - 2019 New York Legislative Session

Wed, 26 Jun 2019 20:42:03 GMT

Enclosed is this newsletter:

2019 New York Legislative Recap
Supporting the Chapter's SurgeonPAC
Surgical Specific Issues (At-a-Glance) Addressed this Year
House of Medicine Highlights and Achievements