Capsules QW - news & information for members of Louisiana State Medical Society
August 4, 2018
   
 

Legislation affecting physicians that became effective August 1, 2018

House Bill 778 by Representative Katrina Jackson (D-Monroe) puts into statute due process measures for physicians appearing before the Louisiana State Board of Medical Examiners (LSMBE).

The legislation indicates that the board shall only initiate an investigation based upon one or more of the following causes:

  • A complaint received from a person other than an employee of the board.
  • Any report from a law enforcement or federal or state regulatory agency that contains information that supports a conclusion that a violation of present law, or any rule promulgated pursuant to present law, may have occurred.
  • The duly adopted motion in an executive session of the board by a two-thirds vote of the members of the board making an affirmative finding that sufficient evidence exists to conclude that a violation of present law, or any rule promulgated pursuant to present law, may have occurred.
This legislation also mandates that a physician is allowed to confront his accuser in connection with the notice of the filing of a formal administrative complaint - unless an independent counsel deems that the complainant may remain anonymous. The board may overrule the independent counsel by 2/3 vote on this issue.
 
Prior to being offered a consent order, a person licensed by the board, shall have available to him all files and records which pertain to the case against him before the board, and which are not required by law to remain confidential or which are not otherwise privileged. Any files in question are ruled upon by the independent counsel.
 
Upon filing of a formal administrative complaint against a physician, all files of the board regarding the complaint which are not required by law to remain confidential or which are not otherwise privileged shall be made available to the physician through full discovery and shall be disclosed to the physician upon request.
 
If the board intends to use records from any prior investigation of a physician in the case against the physician before the board, then the board shall notify the physician and his counsel of this intention, and the records shall be deemed to be records of the case before the board and subject to all discovery provisions mentioned above.

The legislation also increases the number of members of the LSBME from seven to 10 (and the quorum number to six) by adding the following members:
  • One member from LSU Health Sciences Center Shreveport (distinguishing from the other member now coming from LSU Health Sciences Center New Orleans)
  • One member from a list submitted by the Louisiana Hospital Association
  • One consumer member who shall be a full voting member
  • At least every other member appointed from these four entities shall be a minority.

Final Action: Signed by the Governor - ACT 599

To view other key legislation that went into effect August 1, click here.

Healthy Louisiana Revises Information Bulletin 13-2

Healthy Louisiana has revised Informational Bulletin 13-2: Medicaid Managed Care Provider Claims Disputes and Resolution. Changes to the first level review time requirements are underlined.

Click here to view the revision.

Louisiana starts work to offer more services to mentally ill

Louisiana is spending $13 million this budget year to start obeying terms of a federal legal settlement aimed at resolving accusations the state illegally warehouses mentally ill people in nursing homes rather than helping them live in their communities.

The court-monitored deal with the U.S. Justice Department requires Louisiana's health department to expand home- and community-based services for people with mental illness and screen those in nursing homes to determine if they can be diverted to less-restrictive settings. READ MORE

The Louisiana Academy of Family Physicians Installs its 71st President

The Louisiana Academy of Family Physicians (LAFP) announced the installation of its 2018-2019 President Dr. Christopher Foret of Franklinton, LA. Sworn in at the inaugural luncheon in Destin, FL on Saturday, July 7th, Dr. Foret became the LAFP's 71st President. 
 
Dr. Christopher Foret was born and reared in Franklinton where he attended Bowling Green School. He understood family medicine from his family, as the son of a rural family physician.  Dr. Foret graduated from Louisiana State University School of Medicine New Orleans in 1994 and has been in practice for 21 years. He completed a residency at Palmetto Richland Memorial Hospital in Columbia, South Carolina.
 
He is board certified in Family Medicine and is a member of the AAFP, AMA, St. Tammany Parish Medical Society and State of Louisiana Patient Compensation Fund Oversight Board Member.  Dr. Foret is serving as an associate physician at Family Medical Clinic of St. Tammany Parish Hospital.

 
   
 




The 2018 LSMS Summer Road Trip is proudly supported by:






*CME not offered at every location, click here to see the full list of stops on the summer road trip.
 
   
 

CMS Issues FY 19 Medicare Hospice Payment Final Rule

Below, please find a final rule issued Wednesday by the Centers for Medicare & Medicaid Services (CMS) entitled, "Medicare Program; FY 2019 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements."
 
The final rule updates hospice payment rates for FY 2019, updates the hospice wage index and cap amount, modifies regulations to recognize physician assistants as designated hospice attending physicians effective January 1, 2019, modifies quality reporting for hospices, and includes provisions to reduce provider burden.
 
CMS notes in a related fact sheet, attached, that hospice providers will experience a 1.8% increase in payments for FY 2019, totaling $340 million.  CMS also indicates that the aggregate cap which limits overall payments to a hospice annually, measured per beneficiary, will be $29,205.44, compared to the 2018 aggregate cap of $28,689.04.
 
The regulation is effective October 1, 2018.
 
Click here to read the rule.
Click here to read the fact sheet.

Bipartisan Energy & Commerce Letters to Opioid Manufacturers

Below, please find a press release from the Energy and Commerce Committee announcing bipartisan letters to three opioid manufacturers seeking information about each manufacturer's role in the opioid crisis.  The letters were sent by Committee Chairman Greg Walden (R-OR), Committee Ranking Member Frank Pallone, Jr. (D-NJ), Oversight Chairman Gregg Harper (R-MS), Oversight Ranking Member Diana DeGette (D-CO), and Representatives Morgan Griffith (R-VA) and Kathy Castor (D-FL).
 
The Members note in each letter that manufacturers "play a unique and critical role" in the controlled substances supply chain "by researching and developing products for the consumer market as well as marketing such products" after Food and Drug Administration approval.
 
The letters sought similar information and documents, as well as specific information, from each manufacturer:
 
Insys Therapeutics, Inc. - the letters sought information :about an alleged kickback scheme designed to boost sales of Subsys, a sublingual fentanyl spray;" 
 
Mallinckrodt Pharmaceuticals - the letters seek information about "the company's efforts to monitor its opioid sales for suspicious orders;" and
 
Purdue Pharma L.P. - the letters seek information about when the "company first knew about the dangers of OxyContin."
 
Click here to read the press release.
Click here to read the Insys Therapeutics, Inc. letter.
Click here to read the Mallinckrodt Pharmaceuticals letter.
Click here to read the Purdue Pharma L.P. letter.
 
 
   
 

 

 


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