MDNews - Central New York

++++++++++++++++++++++++++++++++++++++++++++ +++ + +++ Í ONONDAGA COUNTY MEDICAL SOCIETY + ++++++++++++++++++++++++++++++++++++++++++++ Some Physician Victories in Albany By Gerald N. "Jerry" Hoffman T an on-time budget for the third straight year in Albany was not a biggie in the minds of New York State physicians. However, what was included or not included in the budget bills yielded some very significant wins for physicians. Those wins would not have happened were it not for outstanding and persistent advocacy by physicians themselves and physician organizations, including the Medical Society of the State of New York (MSSNY), county medical societies and specialty societies. The most significant win was defeating Gov. Andrew Cuomo's proposal to decrease funding for the Excess Liability Program and to reduce the number of eligible physicians by 60%. I am not sure many physicians were really focused on what the governor's proposal, if enacted, would have done to this valuable program. Loss of this coverage would be a disaster for physicians, particularly those in high-risk specialties, such as anesthesia, neurosurgery and OB/GYN. It is ironic that the Excess Liability Program was instituted in 1985 when the current governor's father, Mario Cuomo, was governor. In the face of vigorous efforts that year to enact caps on awards for noneconomic damages, the governor and his staff came up with the idea of the Excess Liability Program. Andrew Cuomo was a member of his father's staff at that time. In the absence of a cap on awards for noneconomic damages — a cap in place HE PASSAGE OF in more than two dozen other states — the Excess Liability Program provides physicians important protection in New York State's litigious environment. The budget for the state's 2013–2014 fiscal year makes it possible for all 24,411 physicians who are receiving Excess coverage through June 30, 2013, to be eligible for the same coverage in the new policy year beginning July 1, 2013. The free Excess coverage is available to all physicians insured by medical liability carriers under the auspices of the New York State Department of Financial Services, which encompasses the former State Insurance Department. This vital coverage is not available for other carriers, including risk retention groups. Going forward, hospitals may fill slots lost through attrition up to their historic proportionate share. Some additional slots may be available as well. Two other issues of concern to physicia ns — nurse practitioner independent-practice language and authorization for retail clinics — were not included in the budget bills approved by both houses of the Legislature and signed into law by Gov. Cuomo. These battles may have to be fought again before state senators and members of the Assembly take their summer recess in June. The Legislature did go along with the governor's plan to expand from two to four the number of physician assistants a physician may supervise. The number rose from four to six in correctional facilities. Other good news in the budget bills included restoration of "prescriber prevails" for fee-for-service and for atypical antipsychotics in Medicaid managed care. Also important was the fact that the Legislature restored prescriber prevails in Medicaid managed care for an additional 80 drug classes, including antidepressants, antiretroviral, antirejection, seizure, epilepsy, endocrine, hematologic and immunologic therapeutic drug classes. MSSNY's Committee on Physician Health Program was continued for another five years, and the fund level, $990,000, was reappropriated. The Veteran Educational Funding initiative of the state Medical Society was maintained at the former $165,000 level. It is understandable that physicians are frustrated and troubled by inaction or what they consider bad action on issues affecting them and their patients. But sitting on the sidelines complaining accomplishes nothing. If those on the sidelines got into the game and made their voices heard, just think what could be accomplished. Physicians can and do help make things better for themselves and help keep things from getting worse. Gerald N. "Jerry" Hoffman is Executive Vice President of the Onondaga County Medical Society and is co-author of two books, Medical Malpractice Insurance, A Legislator's View, and The History of Local Medical Care, 1806-2006. I MDNEWS.COM I MD NEWS Central New York |5

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