Capsules QW - news & information for members of Louisiana State Medical Society
April 28, 2017

Inside this issue
  State Activities  
 

Legislative Session Update

Another good week for physicians at the Louisiana Legislature
 
Monday kicked off another good week for physicians at the Louisiana Legislature as Senate Bill 55 by Sen. Mill (R-Parks) dealing with the Prescription Monitoring Program (PMP) and considered the lead legislation in tackling the opioid epidemic in Louisiana, sailed off the Senate floor with no questions and no opposition. It now awaits scheduling in the House Health & Welfare Committee.

After a presentation by LSMS Vice President of Governmental Affairs, Jennifer Marusak, Thursday morning, the Workers' Compensation Advisory Council gave its unanimous endorsement to Senate Bill 55 by Sen. Mills. The council is made up of payers, providers and patient advocates and a 2/3 vote is required for an endorsement. Rarely is an unanimous endorsement achieved. The Council also voted unanimously to oppose both HB 592 by Rep. Talbot (R-River Ridge) and HB 529 by Rep. Broadwater (R-Hammond), which propose closed formularies for workers' compensation, after further LSMS testimony.
 
Thanks to the collaborative work of physician groups across the state, led by the Louisiana Society of Plastic Surgeons and its president, Dr. Michael Hanemann, Senate Bill 194 by Sen. Cortez (R-Lafayette) was defeated in the Senate Health & Welfare Committee. The proposed legislation would repeal the requirements of  current law (ABMS membership or completion of ACGME training in the specialty or subspecialty certified) in order for a physician to advertise a status of board certified. The only requirement of SB 194 for a physician to advertise a status of board certified is that the board can be verified to exist. This was a public safety issue and about truth in advertising.
 
Faced with overwhelming opposition, Rep. Amedee (R-Houma), withdrew her legislation from being considered in the House Education Committee which would have removed the requirement that home school students provide documentation of immunization against meningococcal disease.
 
Another big win in fighting the opioid epidemic came as Rep. Moreno's (D-New Orleans) House Bill 192 and Rep. Leger's (D-New Orleans) House Bill 490 both passed the House Health & Welfare Committee. Rep. Moreno's legislation would have Louisiana join many other states in setting limits for first-time prescriptions of opioids for acute pain. However; if, in the professional judgement of the medical practitioner, more than a seven-day supply is required for the acute condition, the practitioner may issue a prescription for the quantity needed to treat the patient, with proper notation in the patient's medical chart. HB 490 creates the Advisory Council on Heroin and Opioid Prevention and Education. Both bills are expected to be considered on the House floor next week.
 
Next week the House Appropriations Committee is expected to move House Bill 1 - also known as the budget bill - out of committee on Monday. This bill will take many twists and turns before the legislature adjourns on June 8, 2017.
 


Saturday, April 29 is election day for the run-off in House District 8 between LAMPAC endorsed Raymond Crews and Ryan Gatti.

Crews led the pack during the March 25 primary with 2,144 votes or 41 percent, and faces Robbie Gatti, younger brother of state Senator Ryan Gatti. Gatti, who was, and continues to be, heavily financed by the trial lawyers came in a close second with 1,947 votes or 37 percent.

Crews served 17 years in the U.S. Air Force, and flew in combat missions in Iraq and Afghanistan. After his service in the military, he flew for national airline companies and later started a small business in Bossier City.
 
To learn more about Crews and join LAMPAC, LABI, LMOGA, and many others in the business community in donating to his campaign, visit his website by clicking here.

 
 

Other State News and Information

 

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  Federal Activities  
 
 

CMS Issues Proposed 2018 IPPS Rule and Issues Request for Information

 
Below, please find the proposed 2018 Medicare Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) prospective payment rule issued April 14 by the Centers for Medicare and Medicaid Services (CMS).  CMS states that the proposed rule "aims to relieve regulatory burdens for providers; supports the patient-doctor relationship in health care; and promotes transparency, flexibility, and innovation in the delivery of care."  CMS notes that the proposed increase in operating payment rates for general acute care hospitals paid under the IPPS that successfully participate in the Hospital Inpatient Quality Reporting (IQR) Program and are meaningful electronic health record (EHR) users is approximately 1.6 percent.  CMS projects that the rate increase, together with other proposed changes to IPPS payment policies, will increase IPPS operating payments by approximately 1.7 percent, and that proposed changes in uncompensated care payments will increase IPPS operating payments by an additional 1.2 percent for a total increase in IPPS operating payments of 2.9 percent. In sum, CMS projects that total Medicare spending on inpatient hospital services, including capital, will increase by about $3.1 billion in FY 2018. 
 
Furthermore, for Medicare uncompensated care payments, CMS is proposing to begin incorporating uncompensated care cost data from Worksheet S-10 of the Medicare cost report.  Specifically, for FY 2018, CMS proposes to use Worksheet S-10 data from FY 2014 cost reports in combination with insured low income days data from the two preceding cost reporting periods to determine the distribution of uncompensated care payments. 
 
In the proposed rule, CMS also seeks public comment "on the appropriate role of physician-owned hospitals in the delivery system," as well as input on how the "scope of and restrictions on physician-owned hospitals affects healthcare delivery."  CMS notes that it is "particularly interested" in comments on the impact on Medicare beneficiaries.
 
With respect to the Hospital-Acquired Conditions Reduction Program, CMS is proposing to make five changes to existing HAC Reduction Program policies: (1) specify the dates of the time period used to calculate hospital performance for the FY 2020 HAC Reduction Program; (2) request comments on additional measures for potential future adoption; (3) request comments on accounting for social risk factors; (4) request comments on accounting for disability and medical complexity in certain measures; and (5) update the Extraordinary Circumstance Exception policy.
 
CMS also proposes to revise the application and re-application process for national accrediting organizations (AOs), such as by requiring AOs to post provider/supplier survey reports and plans of corrections from CMS-approved accreditation programs on their website. 

The proposed rule also addresses the hospital readmissions reduction program, clinical quality measures, the Medicare and Medicaid EHR incentive programs, and  the LTCH quality reporting program, among other programs.  For example, CMS is proposing a one year regulatory moratorium on the payment policy threshold for patient admissions in long-term care hospitals while CMS continues to evaluate long-term care hospital policies. 
 
Additionally, CMS is issuing a request for information (RFI) for potential regulatory, sub-regulatory, policy, practice and procedural changes that address "improvements to the health care delivery system, how Medicare can contribute to making the delivery system less bureaucratic and complex, and how we can reduce burden for clinicians, providers and patients in a way that increases quality of care and decreases costs."   In responding to the RFI, CMS states that it should be provided with clear and concise proposals that include data and specific examples.
 
Additional information can be found in the attached rule and the related Fact Sheet and press release.  Comments are due by June 13, 2017.

Click here to read the fact sheet.
 

Congressional Health Events and Bills Introduced

Click here to view a chart of health care related Congressional events currently scheduled for the week of April 24-28, 2017.


CMS Releases Monthly Medicaid and CHIP Enrollment Data

The Centers for Medicare & Medicaid Services (CMS) released the February 2017 Medicaid and CHIP Application, Eligibility Determination, and Enrollment Report providing data on state Medicaid and Children's Health Insurance Program (CHIP) agency activity for the month.

CMS indicates that over 74 million individuals were enrolled in Medicaid and CHIP in the 51 states reporting February 2017 data - approximately 68 million enrolled in Medicaid and over 5 million enrolled in CHIP.  CMS also indicates that almost 16.7 million additional individuals were enrolled in Medicaid and CHIP in February 2017 compared to the period prior to the start of the first Affordable Care Act open enrollment period (July - Sept. 2013), in the 49 states that reported relevant data for both periods.  CMS notes that this represents a 29 percent increase over the baseline period.

Additional information can be found in the report and explanatory information is available by clicking here
 

Medicine triumphs in fight against insurance mega-mergers


Once again, medicine's cohesive leadership gives us something to celebrate.  In a landmark victory for patients and physicians, a federal appeals court has upheld the lower-court ruling blocking giant health insurance company Anthem's proposed acquisition of Cigna. The proposed merger would have given Anthem more power in contract negotiations with physicians and hospitals. It would have created an unacceptable monopoly - one that would have reduced your patients' choices and physicians' options.
 
The AMA and a 17-state medical society coalition worked together for nearly two years to guard against destructive oversteps from the insurance industry. Together, physicians won this important fight. We will continue to demonstrate physicians' strength as allies for our patients and custodians of our profession.
 

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  Member News & Information  
 



The LSMS seeks nominations for the Louisiana Patients Compensation Fund Oversight Board (PCF).  The PCF is an off-budget unit of the state which is 100 percent self-funded and not pooled in the general fund. The Fund was created in 1975 to provide an affordable and guaranteed medical malpractice coverage system for the private healthcare providers in the state. It basically plays the role of an "excess insurer" of private healthcare providers. The law allows a provider to have financial responsibility for the first $100,000 of exposure per claim whether through insurance or security deposit and enroll in the Fund for the excess coverage and be under an umbrella of the cap on damages. The vast majority of health care providers are enrolled in the Patient's Compensation Fund and pay surcharges for the coverage and protection provided. The Patient's Compensation Fund provides protection for the healthcare system, keeping costs down, and providing a guaranteed pool of funds to pay those citizens injured from medical malpractice of private health care providers.  To learn more about the PCF, click here.  

If you are interested in serving as a physician representative on the PCF, please forward your CV to Terri Watson at terri@lsms.org on or before May 26, 2017.   The LSMS Board of Governors will be interviewing potential nominees on the afternoon of Wednesday, June 7th in Baton Rouge.  The LSMS simply submits a list of potential nominees to the PCF; Governor John Bel Edwards then appoints the member(s) from the list of LSMS submitted nominees.
 

Stay connected for up-to-date information on news and events! 

 

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  Educational and Research Foundation  
 

National Prescription Drug Take Back Day 2017 - Saturday, April 29, 10 a.m.-2 p.m.

The National Prescription Drug Take Back Day aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the general public about the potential for abuse and medications.

To find a location near you, click here.


 







Science & Technology News

 

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Focus On

May is Melanoma Awareness Month 

Melanoma is a cancer of pigment producing cells called melanocytes, including the eyes, brain or spinal cord, or mucous membranes. The purpose of Melanoma Awareness month is to spread the word about strategies for preventing skin cancer.

For more information, click here.

     
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