Clark County Medical Society

County Line

Newsletter XLVII     December 2003

 

Contents

Overview:  New 2003 EMTALA Regulations

President’s Message

2004 Mini-Internship Program

New Members

Membership Applicants

Designing Systems for Quality & Safety: A Collaborative Approach

CEO Editorial

Malpractice Filings against Health Care Providers, Jan 2001 - Sep 2003

Minutes Synopsis

CME Calendar

Clark County Health District Disease Statistics – October 2003

Classifieds

County Line Advertisers

 

Overview:  New 2003 EMTALA Regulations

By Weldon (Don) Havins, MD, Esq.

            EMTALA (Emergency Medical Treatment and Active Labor Act) generally forbids "dumping" of patients from emergency rooms of hospitals which participate in Medicare.  EMTALA requires an appropriate screening medical examination (including ancillary services routinely available to the emergency department) of anyone coming to an emergency department to determine if the patient has an "emergency medical condition" or is in active labor.  An emergency medical condition manifests itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in: placing the health of the individual in serious jeopardy; serious impairment to bodily function, or; serious dysfunction of any bodily organ or part.  With respect to a pregnant woman who is having contractions, the screening medical examination must determine whether there is adequate time to effect a safe transfer to another facility before delivery or that the transfer may pose a threat to the health or safety of the woman or the unborn child.  To transfer a patient with an emergency medical condition, the patient must be stabilized and the transfer must be to a facility accepting the transfer. 

            A patient should not be transferred to another facility unless:

            The transfer must be an "appropriate transfer" to that facility.  While patients may sue the hospital, individuals do not have a private right cause of action against the physicians involved (although physicians may be directly sued for medical malpractice).  Physicians may be fined by the Center for Medicare and Medicaid Services, however, for EMTALA violations.  Physicians may also be restricted or removed from the Medicare program for EMTALA violations.

            New final EMTALA regulations were published in the Federal Register September 9, 2003, with an effective date of November 10, 2003.  The most fundamental change in the new rules is the Center for Medicare and Medcaid Services' (CMS) recognition that there is a difference between a hospital department dedicated to providing emergency services and other hospital facilities.  The definition of "dedicated emergency department" now applies to hospital-based urgent care centers, and appears to encompass all hospital labor and delivery departments.

            Under the new regulations, EMTALA obligations begin when an individual "comes to the emergency department" of a Medicare-participating hospital that has such a department, seeking examination or treatment for a medical condition.  "Comes to the emergency department" means, with respect to an individual requesting examination or treatment that the individual is on the hospital property.  For purposes of this section, "property" means the entire main hospital including the parking lot, sidewalk, and driveway, as well as any facility or organization that is located off the main hospital campus but has been determined to be a department of the hospital.

            The new definition of this term distinguishes between an individual who "has presented at a hospital's dedicated emergency department, . . . and requests examination or treatment for a medical condition, or has such a request made on his or her behalf," and one who "has presented on hospital property, . . . other than the dedicated emergency department, and requests examination or treatment for what may be an emergency medical condition, or has such a request made on his or her behalf."  The fundamental difference is that the person in the dedicated emergency medical department only has to seek examination or treatment for any medical condition in order to trigger EMTALA, while the person who is elsewhere in the hospital has to be seeking emergency examination or treatment in order for there to be any EMTALA obligation.

            In both situations, if the individual in question does not actually make such a request (or have it made on her behalf), the request will nonetheless be considered to exist if a prudent layperson observer would believe, based on the individual's appearance or behavior, that the individual needs examination or treatment of any medical condition if in the emergency department or needs emergency examination or treatment.

            EMTALA now unambiguously includes urgent care centers, whether located on or off the hospital campus.  Under the new rules, EMTALA obligations applicable to emergency departments apply to these "off-campus" sites, including maintenance of an emergency department’s on-call requirements.  Individuals who present at these locations and request examination or treatment for a medical condition (or have such a request made on their behalf) must be screened under EMTALA and, if an emergency medical condition is determined to exist, necessary stabilizing treatment must be provided prior to transfer.  An urgent care center, however, is not required to maintain the same sophisticated level of care as the most well-equipped emergency departments.

            When an individual presents at a part of the hospital that is not part of a dedicated emergency department, and is attempting to gain access to the hospital for examination or treatment of a condition that may be an emergency medical condition, EMTALA obligations may be triggered by either:

            In order for the obligation to be triggered, hospital personnel must be aware of the individual's existence and condition. The hospital need not maintain emergency medical screening capabilities in every possible location, but it should set up procedures so that hospital personnel know what to do when a person presents at a non-emergency department seeking emergency care. Without dictating specific procedures to hospitals, CMS indicated that either immediately transporting the individual to the hospital's dedicated emergency department, or sending a "trauma crew" or "crash team" of physicians and nurses out to the individual on site, would be an appropriate response.

 

Existing Hospital Patients

            EMTALA ceases to apply once a patient is admitted.  CMS's definition of an inpatient follows the Medicare Hospital Manual, section 210, which ties inpatient status with an expectation that the patient would "remain at least overnight and occupy a bed even though it later develops that the individual can be discharged or transferred to another hospital and does not actually use a hospital bed overnight."

            EMTALA does not apply to existing hospital outpatients.  Such patients are protected under the hospital's policies and procedures, and under state medical malpractice statutes, which CMS felt was sufficient.  CMS regulations now require hospitals, under section 482.12(f)(3), with off-campus facilities to maintain written policies and procedures to deal with medical emergencies at off-campus facilities not equipped to provide emergency care. 

 

Suspension of EMTALA Obligations in Event of National Emergency

            Section 143 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Pub. L. 107-188), enacted June 12, 2002, amended section 1135 of the Social Security Act to authorize the DHHS Secretary to temporarily waive or modify the application of certain Medicare, Medicaid, and State Children's Health Insurance Program (SCHIP) requirements, including requirements for the imposition of sanctions for the otherwise inappropriate transfer of an unstabilized individual, if the transfer arises during circumstances of a national emergency.

 

On-Call Physicians

            The Centers for Medicare and Medicaid Services (CMS) provides hospitals flexibility to comply with EMTALA obligations by maintaining a level of on-call coverage that is within their capability. The hospital is responsible for maintaining an on-call list in a manner that best meets the needs of its patients as long as this does not affect patient care adversely.  CMS does not provide any predetermined ratio of medical staff to requirements for emergency medical coverage.  The new EMTALA regulations, in § 489.24(j), require the hospital's written policies and procedures to "provide that emergency services are available to meet the needs of patients with emergency medical conditions if it elects to permit on-call physicians to schedule elective surgery during the time that they are on call or to permit on-call physicians to have simultaneous on-call duties" at other hospitals.  Thus, it appears that on-call physicians may schedule elective surgery during their on-call periods, and that they may be on-call at more than one hospital at the same time.

 

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President’s Message

By Ed Kingsley, M.D., 2003-2004 CCMS President

For those interested in the latest technological medical advances, I recommend the November 2003 issue of the Annals of Internal Medicine in which Andreas Michalsen and colleagues from Germany report the astonishingly good results they obtained on patients suffering from degenerative joint disease of the knees by using LEECHES!  Yes, you read that right:  attaching several medicinal leeches directly to the knees of osteoarthritis sufferers for about 70 minutes was found to be significantly more effective for relieving symptoms than a topical non-steroidal anti-inflammatory drug.  And all this time you thought leeches were only good for fevers, lumbago and, speaking of the Washington DC type, sucking more taxes out of us.

 

At a meeting of the Southern Nevada Medical Industry Coalition (SNMIC) hosted by both Sunrise Hospital Medical Center and the CCMS on November 13, President-elect Dr. Michael Colletti moderated a discussion regarding various activities and plans to relieve the health care availability crisis in Southern Nevada.  SNMIC is a group of Clark County business, civic and professional leaders dedicated to improving the availability and affordability of health care in our community.  Since their objectives coincide with the mission and vision statements of CCMS, we are actively working with them "to help serve the needs of physicians, their patients and the health needs of the Clark County community".  There were four "presenters" who discussed various health care issues in Clark County.  Dr. Jane Nichols, chancellor of the University and Community College Systems of Nevada, discussed what is being done to address Nevada's desperate nursing shortage.  She reminded the approximately 60 attendees who were there of the 2000 legislature's mandate to double state nursing enrollment within five years and of the $11 million they set aside to accomplish that.  In fact, the three nursing schools in Clark County are doing much better than that.  UNLV's nursing school enrollment is increasing from 192 to 264, that of the Community College of Southern Nevada is increasing from 150 to 500 and the first nursing school class of Nevada State College will have 80 students.  Thus, total nursing school enrollment in Clark County is increasing from 342 to 844. 

 

Bill Walsh, Executive Director of the Nevada Hospital Association, reminded us that Nevada has the worst resident to (practicing) nurse ratio in the nation and that there are currently 1300 hospital nursing vacancies.  He outlined plans their association is taking to help relieve the nursing shortage.

 

CCMS member Dr. Rudy Manthei, chairman of KODIN, addressed how the medical malpractice crisis is making health care increasingly unaffordable and thus more unavailable.  He said that doctors' "defensive medicine" practices are costing the nation $125 billion annually, and that if a $250,000-350,000 cap were currently in place across the nation, health care costs could be reduced by up to $39 billion.  He educated those present about the KODIN initiative that will be going before the voters of Nevada next November and what could be done to improve its chances of being passed and becoming law.  He also pointed out how health insurance premium inflation, currently 13.9%, has been outstripping both general inflation (3.1%) and national workers' earnings (2.2%) over the last five years, also putting affordable health care out of reach for many.  I strongly feel that CCMS should work together with SNMIC to ensure KODIN passage.  A partnership with these business and civic community leaders and the members they represent will significantly improve our ability to get our message out to the public about the strangling costs of the medical malpractice crisis.

 

The article by our CEO, Don Havins, MD, Esq., in last month's County Line contained graph information comparing medical specialist to population ratios for Clark County with the rest of the nation.  There were 27 specialty categories such as allergy, anesthesia and OBGYN, and every single one of them was below the national average.  Compounding that was a further decrease in that ratio for 17 of these specialties from 2002 to 2003.  We all know how difficult it can be getting hospital consults for such specialties as rheumatology, psychiatry and neurology, and it is only getting worse.  These three specialties aren't the only ones that are finding it increasingly difficult to justify continuing to provide care to hospitalized patients.  Most of us are aware of the great difficulty several hospitals are experiencing trying to keep many physicians on their medical staffs.  Much of this problem is a result of mandatory Emergency Room call coverage required of most physicians with admitting privileges.   Thus, many are simply reducing the number of hospitals where they admit.  This is particularly true for such hospitals as Sunrise and UMC where many are dropping their privileges and flocking to the newer suburban hospitals. In addition, many physicians find that it is simply not worthwhile to take time away from their busy office practice to see the generally sicker hospital patients.  Not only is it becoming more difficult to get some specialists to see a patient in the hospital, admitting an acutely ill patient through the ER can be exasperating.  ER physicians in Clark County now number 3.7/100,000 residents, less than half the 8.5 ratio nation-wide.  I believe most of these problems are a direct result of the hostile medical-legal environment in southern Nevada, and, unfortunately, it's only gotten worse since AB 1 was enacted over a year ago, as so well summarized in Deborah O'Connor's article in last month's County Line.  Our work is cut out for us -- we must do all we can to get KODIN passed.  Stay tuned -- there will be more about that in the near future.

 

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2004 Mini-Internship Program

Scheduled for February 2-5

This program offers Community Leaders (elected officials, reporters, others) the opportunity to see a day in the life of a physician.Call Deborah at CCMS 739-9989 with questions or if you would be interested participating.

 

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New Members for October 2003

Congratulations and Welcome to the Clark County Medical Society

Welcome Back to Reinstated Members

 

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Membership Applicants To Go Before Credentialing Committee

If you have any pertinent information about the following membership candidates, please contact: 

Clark County Medical Society, 2590 E. Russell Rd., Las Vegas, NV 89120

 

 

For information on becoming a member of the Clark County Medical Society, call Marlaina Burns at 739-9989

 

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DESIGNING SYSTEMS FOR QUALITY & SAFETY: A Collaborative Approach

By Robert Shreck, MD, Senior Medical Director Nevada, HealthInsight

            Las Vegas, October 21, 2003 - "Designing a better communication system" was the theme of the Collaborative meeting held by HealthInsight at the Palm's Hotel and Casino last month.  HealthInsight is the Quality Improvement Organization for the states of Nevada and Utah.  HealthInsight sponsors semiannual collaborative meetings of health care providers to improve quality of care and safety for the patients who are treated in physician's offices, hospitals, home health agencies and skilled nursing facilities. Admission is free and CME is available to all attendees.

            The collaboratives focus on "Human Factors" science and the need for the providers of medical care to design better systems in order to prevent errors and violations of protocol. Human Factors "is the science of designing tools, tasks, information, and work systems to be compatible with abilities of human users, both physical and mental". Human errors are a direct result of a poorly designed system that is incompatible with the abilities of the person performing the task. Errors can be "Planning Errors" or an "Execution Error".  "Violations" are an intentional deviation from protocol usually for legitimate reasons but with unintended adverse consequences.

            Communications problems between providers and to the patients were the central theme of this collaborative.  John Nance, a well-known aviation safety expert, treated attendees to superb videotape and commentation, who drew parallels between what went on in the aviation industry 10 to 15 years ago and the safety concerns in medicine today. The communication problems in the aviation industry caused many of the most severe plane crashes in our history, killing hundreds of people at a time.  Medical errors also kill people, not hundreds at a time, but 44,000 to 98,000 per year according to the IOM report - The 5th leading cause of death in the United States in 1998.  The aviation industry lessons need to be learned and applied to the medical industry. 

            Communication Structures and Techniques were taught at the collaborative.  These included: Briefing, Debriefing, and Walk Arounds, as well as the techniques of Verifiable Verbal Communication, the Assertive Statement and "See It, Say It, Fix It".  This was followed by a multi-tasked afternoon exercise that pointed out the number of errors that can occur in a medical environment when confronted with distractions and sub optimal communications. 

            Whether your main concern as a physician practitioner is medical malpractice, safety for your patients, or a more efficiently run office, these collaboratives are a MUST DO.

            Call HealthInsight at 385-9933 to find out more about our collaboratives, diabetic registry, and other tools to HELP you with your office practice and eliminate those costly errors that even Doctor humans make.

 

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CEO Editorial

By Weldon (Don) Havins, M.D., Esq., CCMS CEO and Special Counsel

            In these sometimes trying and frustrating times in medical practice, we long for "the good ol' days".  If we look back a mere 100 years, this was life in America:

            1. Pneumonia and influenza

            2. Tuberculosis

            3. Diarrhea

            4. Heart disease

            5. Stroke

 

Nurse Anesthetists' scope of practice encroachment continues

            In the past month, three states dropped a discretionary federal requirement that physicians supervise nurse anesthetists.  Ten (10) states now have dropped the supervision requirement since federal law gave governors the option to do so two years ago.  The three new states eliminating anthesiologists' mandated supervision are Alaska, North Dakota and Washington.  They join Iowa, Nebraska, Idaho, Minnesota, New Hampshire, New Mexico and Kansas.   The governors of Colorado and Montana are exploring the possibility of dropping the requirement, says Mitch Tobin, spokesperson for the nurse anesthetists' association.

            The American Society of Anesthesiologists defends the supervision requirement, saying nurse anesthetists do not have the training to work alone. But the American Association of Nurse Anesthetists asserts that nurse anesthetists' record of adverse events is no different from that of anesthesiologists.  State governors, meanwhile, are worried about the effects of a growing nationwide shortage of anesthesiologists.

            In his letter informing CMS of his decision to drop the supervision requirement, Alaska Gov. Frank Murkowski wrote that there is a shortage of anesthesiologists in rural areas of the state.  "I believe not exercising this exemption may severely limit the ability of rural hospitals to treat emergencies and provide other services requiring anesthesia care to Medicare patients," Murkowski writes in the letter.

            The association reports that states that have dropped the requirement are taking full advantage of their new status.   In Iowa, for example, 91 of 118 hospitals in the state rely solely on nurse anesthetists to provide anesthesia care, AANA reports, citing a letter this July from Iowa Gov. Thomas Vilsack to the governor of an unnamed state.   "Iowa has proven the intent of the opt-out change is a complete success in practice," Vilsack states in the letter.

            As far as we are aware, Governor Guinn has not considered following these other states' policy.

 

One state considers moving medical malpractice cases out of the courts

            Massachusetts' Governor Romney reports he is contemplating processing medical malpractice claims in a workers' compensation like system and eliminating trial court litigation, at least for OBGYNs.  Whereas medical malpractice cases generally have no limit on economic damages (and, in most states on non-economic damages also), the tribunal in workers compensation-like settings would settle cases based on a pre-established schedule of values for each type of injury.  As did workers compensation, this system would reduce the number of multimillion-dollar awards, speed the time from injury to financial recovery, and probably accommodate more injured patients that our current system - this all according to a report written in November by Robert Pozen, the Massachusetts governor's Chief Economic Adviser.  Mr. Pozen's report notes that the system would require legislative approval and would start as a pilot program, to be developed in conjunction with the Harvard School of Public Health.  The pilot would be open to only a few hospitals, one specialty (OB/GYN), and to plaintiffs who agree to use the system.

            The report continues that the new malpractice claims system would give physicians incentives to reduce errors.  Malpractice insurers would be able to create risk ratings for physician groups in addition to individual physicians.  This is intended to encourage doctors to work together to reduce medical errors.  The report concludes, "systemic changes to the procedures currently in place to compensate patients for injuries suffered from questionable medical practices are necessary in order to provide long-term stability to the healthcare delivery system."

            A brief, unscientific survey of Clark County medmal plaintiff attorneys resulted in pejoratives and colorful metaphors of universal, vehement opposition to such a pilot program in Nevada.  Sentiments such as "when hell freezes over" and "over my cold dead body", along with the expected, "robbing innocent injured victims of their right to recover for their injuries caused by careless doctors" were common.  Mention of the KODIN (Keep Our Doctors in Nevada) Initiative drew similar derisive and contemptuous comments. One can predict 2004 will not be a tranquil year in either Massachusetts or Nevada. 

 

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Clark County District Court Medical Malpractice Filings against Health Care Providers

Jan 2001 – Oct 2003

 

            2001    2002    2003

Jan       39        33        109

Feb      20        14        88

Mar      35        30        148

Apr      37        34        101

May     37        35        108

Jun       27        24        98

Jul        19        100      97

Aug      54        51        63

Sep      20        65        85

Oct      37        83        114

Nov     38        184     

Dec      9          170     

 

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Minutes Synopsis

(Members can receive a full copy of meeting minutes by calling 739-9989.)

CLARK COUNTY MEDICAL SOCIETY BOARD OF TRUSTEES MEETING

Tuesday, October 21, 2003; 6:00 P.M.

Action Items

Committee Reports

Alliance Report

UNSOM Report

Scholarship Fund Report

NSMA Report

AMA Report

President's Report

New Business

 

The next board meeting will be Tuesday, November 18, 2003 at 6 pm.

 

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CME Calendar

Cardiovascular Consultants     691-9154

Clark County Medical Society     739-9989

St. Rose Hospital     616-5832

Southwest Medical Associates   242-7347

Summerlin Hospital   233-7572

Sunrise Hospital     731-8210

UMC     383-2604

Valley Hospital     388-4847

 

*Special Note:  CCMS members can receive free CME courses on the internet with World Medical Leaders.

To have your CME courses listed on our calendar, please contact Deborah Barton at 739-9989 prior to the

deadline of the 12th each month.

 

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Clark County Health District Disease Statistics* - October 2003

DISEASE                                             CASES REPORTED       YEAR TO DATE

                                                         Oct 2002  Oct 2003        2002        2003

VACCINE PREVENTABLE DISEASES

DIPTHERIA                               0          0          0          0

HAEMOPHILUS INFLUENZA      0          0          8          8

HEPATITIS A                             3          1          21         14

HEPATITIS B                             5          5          39         55

INFLUENZA                               0          0          59         47

MEASLES                                0          0          1          0

MUMPS                                    1          0          4          2

PERTUSSIS                              0          5          22         20

POLIOMYELITIS                        0          0          0          0

RUBELLA                                 0          0          0          0

TETANUS                                 0          0          0          0

 

SEXUALLY TRANSMITTED DISEASES **

CHLAMYDIA                             398       358       3785     3904

GONORRHEA                           189       230       1447     1668

SYPHILIS (Primary & Secondary)       0          0          7          7

SYPHYLIS (Early Latent)            2          1          6          19

 

ENTERICS

AMEBIASIS                              4          2          18         14

BOTULISM-INTESTINAL (Infant)  0          0          0          1

CAMPYLOBACTERIOSIS           13         11         102       84

CHOLERA                                 0          0          0          0

CRYPTOSPORIDIOSIS              0          0          2          5

E. COLI O157:H7                       2          1          13         17

GIARDIASIS                              19         17         98         81

ROTAVIRUS                              8          4          345       473

SALMONELLOSIS                     18         14         153       102

SHIGELLOSIS                           0          4          27         47

TYPHOID FEVER                      0          0          0          0

YERSINIOSIS                            0          0          0          0

 

OTHER

ANTHRAX                                 0          0          0          0

BOTULISM INTOXIFICATION       0          0          0          0

BRUCELLOSIS                          0          0          0          0

COCCIDIOIDOMYCOSIS            6          2          35         29

ENCEPHALITIS                         0          0          2          2

HANTAVIRUS                            0          0          0          0

HEMOLYTIC UREMIC                0          0          0          0

            SYNDROME (HUS)

HEPATITIS C                             0          0          3          3

HEPATITIS D                             0          0          1          0

LEGIONELLOSIS                       1          0          4          4

LEPROSY (HANSEN'S DISEASE)     0          0          0          0

LEPTOSPIROSIS                      0          0          0          0

LISTERIOSIS                             0          0          1          3

LYME DISEASE                        0          0          0          3

MALARIA                                  0          0          3          1

MENINGITIS, ASEPTIC/VIRAL    9          17         84         118

MENINGITIS, BACTERIAL          2          1          22         20

MENINGOCOCCAL DISEASE    0          0          14         6

PLAGUE                                   0          0          0          0

PSITTACOSIS                           0          0          0          0

Q FEVER                                  1          0          1          0

RABIES (HUMAN)                     0          0          0          0

RELAPSING FEVER                  0          0          0          0

RSV (RESPIRATORY                35         3          1829     1352

          SYNCYTIAL VIRUS)

ROCKY MOUNTAIN                   0          0          2          0

            SPOTTED FEVER

TOXIC SHOCK SYNDROME       0          0          1          2

TUBERCULOSIS                       8          8          45         45

TULAREMIA                              0          0          0          0

UNUSUAL ILLNESS                   0          0          0          2

* Numbers include confirmed and probable cases

** For HIV/AIDS statistics please call the Clark County Health District Office of AIDS at 759-0730.

 

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Classifieds

·        NEW 1200 SQ FT, on the main street, high traffic. Next to pediatrics & dentist office, 4 exam rooms, nurses’ station, doctor’s office, breakroom. Ready to move in. Call Robin at 898-6400.

·        Nevada Physicians and Imaging seeks two B/C, NV licensed Radiologists for busy East and West outpatient facilities. Experienced in CT, Dexa scans, Flouroscopy, MRI, Mammography, Nuclear Medicine, Ultrasound and general radiology procedures. M-F, no call or weekends. E-mail CV to: Jfaulkner@PIPA-NV.com or fax to (702) 933-1307.

·        WANT TO ADVERTISE? CALL 739-9989 for classified or display advertising information. CCMS members receive a free classified ad (up to 40 words) up to three times a year. Call Today!

 

County Line Advertisers

Bank of Commerce     949-9800     www.bankofcommerce-nevada.com

C D Smith Co. Medical Supplies     871-1877     www.cdsmithco.com

Christopher Commercial     243-2800     www.christophercommercial.com

Commercial Associates     220-4007     jwoodyard@commercialassociates.com

Consolidated Laboratory Services     933-4522

Desert Radiologists     598-1006     www.desertrad.com

Hutchison & Steffen, Attorneys     385-2500     www.hsnvlaw.com

Jan Bernard Realty     838-0333

Medical Group Management Association     697-5471 ext. 134

Medical Liability Association of Nevada (MLAN)     804-7333     www.mlan.org

Nevada Mutual Insurance Company     798-6001     www.nevadamutual.com

Practice Management Group Inc.     1-800-342-3485     www.pmgla.com

Red Rock Radiology     731-2888     www.redrockradiology.com

 

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