Newsletter XXXVI January 2003
Contents
Clark County District Court Filings Against Health Care Providers
Clark County
Health District Disease Statistics – November 2002
Please see the separate link for the HIPAA
special section from this issue.
Clark County District Court Filings Against Health
Care Providers
By The CCMS Staff
The number of health care providers receiving medical malpractice suits since January 1, 2001 has been graphed and charted as seen below.
The large increase in July 2002 corresponds with the legislative special session. Many plaintiff attorneys felt compelled to file medmal cases in July before the implications of any medical malpractice reform could become effective. On October 1, 2002, A.B. 1 became effective.
The staff of CCMS intends to follow the number of health care providers sued on a monthly or quarterly basis and report the findings in the County Line. One should be aware that this represents only the number of filings, not the number of jury findings and/or settlements. Further, there are an unknown number of settlements that occur each month before a case is filed in District Court. The public does not have access to that information. Settlements are reported to the Nevada Board of Medical Examiners and the Division of Insurance, as well as the National Practitioner Databank.
2001 2002
January 39 33
February 20 14
March 35 30
April 37 34
May 37 35
June 27 24
July 19 100
August 54 51
September 20 65
October 37 83
November 38 184
December 9 not available at press time
Calendar of Events
- January 11 – ‘Protect Nevada Medicine’ Dinner at the Monte Carlo featuring speaker Donald J. Palmisano, MD, President-elect of the American Medical Association. Call 739-9989 for information.
- January 13 to January 16 – CCMS Mini-Internship Program. Please call Deborah Barton at 739-9989 for details.
- March 7 to March 8 – Nevada Board of Medical Examiners meeting at Embassy Suites on Paradise Rd. in Las Vegas.
New Members
Congratulations and Welcome to the Clark County Medical Society New Members for November 2002
Ruben J. Acherman, MD, Pediatrics/Pediatric Cardiology, 3006 S. Maryland Pkwy #690, Las Vegas, NV 89109
Teresa T. Charniga, MD, Family Practice, 600 Whitney Ranch #D-16, Henderson, NV 89014
Francis Ellyin, MD, Family Practice, 3150 N. Tenaya Way #635, Las Vegas, NV 89128
Morris Schaner, DO, Diagnostic Radiology, 2020 Palomino Ln #100, Las Vegas, NV 89106
Retired Member
Clifford C. H. Lee, MD, Allergy & Immunology, Member since 1972
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
- John S. Davis, MD General Surgery
- Arthur D. Del Rosario, MD Anatomic/Clinical Pathology
- Gregory A. Linderer, MD Anesthesiology
President’s Message
By Warren Evins,
M.D., PhD, 2002-2003 CCMS President
HAPPY HOLIDAYS AND BEST WISHES FOR A HAPPY, HEALTHY, AND PROSPEROUS NEW YEAR from the officers, Board of Trustees, and Staff of the Clark County Medical Society!
"PROTECT NEVADA MEDICINE" MEETING of the CCMS and CCMSA
Dr. Donald J. Palmisano, MD, President-Elect of the AMA will address the Joint Meeting of the Medical Society and the Medical Society Alliance on Saturday, January 11, 2003 regarding Medical Liability Reform-what we can do, what aid the AMA will provide, and what other states have done. Many of us have heard Dr. Palmisano speak. He is an exciting, energetic and well-informed lecturer. This important meeting will start at 6:00 p.m. at the Monte Carlo Hotel and cost $75 per person. The Alliance will present the "Voice of the Alliance" Award for Senator John Ensign. I strongly encourage you to attend. There will be a Vendor Fair. The Alliance has been a very active supporter of the Initiative, "Med Mal" Reform, and the election of physician friendly candidates. An "Action Plan" will be proposed. We will hear a KODIN update.
KEEP OUR DOCTORS IN NEVADA INITIATIVE (KODIN)
The Initiative was filed and has been certified by the Nevada Secretary of State. It will be presented to the 72nd Nevada State Legislature, which begins on Monday, February 3, 2003. The Legislature will then have 40 days to: a. enact the initiative unchanged, b. propose a new and competing ballot initiative for the November 2004 election (the initiative receiving the largest number of votes at the election, if both are passed, will be enacted) or c. do nothing. Other actions are possible. Legislative committees may (or may not) hold hearings. It will be up to the public, the KODIN committee (I and Don Havins, MD, Esq., CEO of CCMS are members), and us to convince the Legislature to take positive actions.
The initiative has proposed 5 key points:
1. Limit Runaway Lawyer Fees
2. Stop "Double Dipping" (expenses already covered by others)
3. Extend Payments (paid in installments)
4. Stop Exceptions (strengthens non-economic damage award limits)
5. Create "Fair Share" Liability (no joint and several liability)
CCMS strongly urges all physicians to support the initiative by calling 1-888-5-REFORM (1-888-573-3676) and sending in a written endorsement to:
Keep our Doctors in Nevada
P.O. Box 50154
Henderson, NV 89016
Tax ID # 47-0889225
Nevadans Deserve the Right to Vote to Stop Skyrocketing "Med Mal" Rates. KODIN also needs financial support from physicians, the public, our patients, hospitals, nurses, health care organizations, health care workers, unions, and others to mount the grassroots campaign, and to defend the initiative against expected legal challenges from the Trial Lawyers. We want to include your name in our list of supporters. We want your patients to see that their doctor requests medical liability reform.
2003 NEVADA LEGISLATURE
Two physician members of CCMS were elected to the Nevada Assembly -Garn Mabey, MD, Ob/Gyn (R Assembly District 2) and Joe Hardy, MD, FP (R AD 20).
The new Assembly has 22 Democrats and 19 Republicans, a gain of 4 Rep seats. The Senate initially remained unchanged after the election, with 12 Reps and 9 Dems. However, Senator Raymond C. Shaffer (Clark County Senate District 2, whose term runs to November, 2004) changed from the Democratic to the Republican Party. Now the Senate has 13 Reps and 8 Dems. Some of the Senate Committees will now have only two minority (Dem) members. There are nine Senate Committees, three are chaired by Senators from Clark County and six by Senators from Northern Nevada (There are seven Clark County and six Northern Nevada Senators).
The Medical Liability crisis is very apparent in Las Vegas, but not as apparent in Northern Nevada. Therefore, Northern Nevada legislators are not subject to the same intensity of media reporting and public interest. We need to get a strong message to them through their constituents.
Starting February 3, 2003, the Nevada State Legislature will meet for only 120 days. There is a lot of work to do in this very short time. Some committees may start work before the Session starts. Everyone will have to be off to a running start on Day 1. We know the agenda will include new taxes needed to support governmental functions and reverse the growing deficit in state finances, and medical error reporting. We want the agenda to include solutions to the medical availability crisis affecting obstetricians, surgeons, and other physicians, the KODIN Initiative, panel inclusion fees, lawsuit reforms, fairer payment for services, etc. Doctors may be socked with: a new gross revenue tax, increases in business and operating taxes, further practice restrictions, public reporting of all malpractice suits when filed (not when the doctor is found liable as presently occurs), mandatory contributions to a malpractice insurance pool, etc. if some officials have their way. Your officers and staff of both CCMS and NSMA are very concerned about these issues. Your membership dues and volunteer efforts are being stretched far. Our challenges are immense! Only with our members' input, advice, lobbying and the grassroots support of the community can we hope to achieve our goals.
72nd NEVADA STATE LEGISLATURE
ORGANIZATION
SENATE LEADERSHIP
MAJORITY (REP)
President Pro Tempore - Mark Amodei
Majority Leader - William Raggio
Asst. Majority Leader - Ray Rawson
Majority Whip - Dean Rhoads
Asst. Majority Whip - Sandra Tiffany
MINORITY (DEM)
Minority Leader - Dina Titus
Asst. Minority Leader - Bernice Mathews
Minority Whip - Valerie Wiener
Senate Committee Assignments
Senate Standing Committees - 2003 Session
Note: The first-named Senator is the Committee Chair; the second-named Senator is the Committee Vice Chair.
COMMERCE AND LABOR - REP: Randolph Townsend, Reno; Warren Hardy, Las Vegas; Ann O'Connell, Las Vegas; Ray Shaffer, North Las Vegas; DEM: Joe Neal, North Las Vegas; Michael Schneider, Las Vegas; Maggie Carlton, Las Vegas.
FINANCE - REP: William Raggio, Reno; Ray Rawson, Las Vegas; Dean Rhoads, Northern Nevada/Tuscarora; Barbara Cegavske, Las Vegas; Sandra Tiffany, Henderson; DEM: Bob Coffin, Las Vegas; Bernice Mathews, Sparks.
GOVERNMENT AFFAIRS - REP: O'Connell; Tiffany; Raggio; Townsend; Hardy; DEM: Dina Titus, Las Vegas; Terry Care, Las Vegas.
HUMAN RESOURCES AND FACILITIES - REP: Rawson; Cegavske; Maurice Washington, Sparks; Dennis Nolan, Las Vegas; DEM: Neal; Mathews; Valerie Wiener, Las Vegas.
JUDICIARY - REP: Mark Amodei, Carson City; Washington; Mike McGinness, Fallon; Nolan; DEM: Titus; Care; Wiener.
LEGISLATIVE AFFAIRS AND OPERATION - REP: Washington; Cegavske; Raggio; Rawson; DEM: Titus; Mathews; Wiener.
NATURAL RESOURCES - REP: Rhoads; McGinness; Shaffer; Amodei; DEM: Coffin; Schneider; Carlton.
TAXATION - REP: McGinness; Rhoads; Townsend; O'Connell; Tiffany; DEM: Neal; Coffin.
TRANSPORTATION - REP: Shaffer; Nolan; Amodei; Hardy; DEM: Schneider; Care; Carlton.
ASSEMBLY LEADERSHIP
MAJORITY (DEM)
Speaker: Richard Perkins
Majority Leader: Barbara Buckley
Asst. Majority Leader: John Oceguera
Majority Whip: Sheila Leslie
MINORITY (REP)
Minority Leader: Lynn Hetrick
Asst. Minority Leader: Josh Griffin
Minority Whips: Sharron Angle and
David Brown
Assembly Committee Assignments
Chairperson is listed first, followed by vice chair, then other committee members.
COMMERCE AND LABOR - DEM: David Goldwater, Las Vegas; Barbara Buckley, Las Vegas; Morse Arberry, Las Vegas; Chris Giunchigliani, Las Vegas; Sheila Leslie, Reno; John Oceguera, Las Vegas; David Parks, Las Vegas; Perkins; REP: Bob Beers, Las Vegas; David Brown, Henderson; Dawn Gibbons, Reno; Josh Griffin, Henderson; Lynn Hettrick, Gardnerville; Ron Knecht, Carson City.
CONSTITUTIONAL AMENDMENTS - DEM: Harry Mortenson, Las Vegas; Bob McCleary, North Las Vegas; William Horne, Las Vegas; REP: Don Gustavson, Sun Valley; Rod Sherer, Pahrump.
EDUCATION - DEM: Wendell Williams, Las Vegas; Horne; Kelvin Atkinson, North Las Vegas; Vonne Chowning, North Las Vegas; Ellen Koivisto, Las Vegas; McCleary; Mark Manendo, Las Vegas; REP: Walter Andonov, Henderson; Sharron Angle, Reno; Jason Geddes, Reno; Joe Hardy, R-Boulder City; Garn Mabey, Las Vegas.
ELECTIONS, PROCEDURES AND ETHICS - DEM: Giunchigliani; Marcus Conklin, Las Vegas; Bernie Anderson, Sparks; Kathy McClain, Las Vegas; McCleary; Peggy Pierce, Las Vegas; REP: Beers; Chad Christensen, Las Vegas; Tom Grady, Yerington; Valerie Weber, Las Vegas.
GOVERNMENT AFFAIRS - DEM: Manendo; Williams; Atkinson; Tom Collins, North Las Vegas; Koivisto; McCleary; Pierce; REP: Christensen; Pete Goicoechea, Eureka; Grady; Hardy; Knecht; Weber.
HEALTH AND HUMAN SERVICES - DEM: Koivisto; McClain; Horne; Leslie; Pierce; Williams; REP: Angle; Hardy; Mabey; Weber.
JUDICIARY - DEM: Anderson; Oceguera; Buckley; Jerry Claborn, Las Vegas; Conklin; Horne; Mortenson; Genie Ohrenschall, Las Vegas; REP: Angle; Brown; John Carpenter, Elko; Geddes; Gustavson; Mabey; Sherer.
NATURAL RESOURCES - DEM: Collins; Claborn; Atkinson; Conklin; McCleary; Mortenson; Ohrenschall; REP: Carpenter; Christensen; Geddes; Goicoechea; John Marvel, Battle Mountain.
TAXATION - DEM: David Parks, Las Vegas; Goldwater; Anderson; Arberry; McClain; Mortenson; Pierce; REP: Gibbons; Grady; Griffin; Hettrick; Marvel.
TRANSPORTATION - DEM: Chowning; Ohrenschall; Atkinson; Claborn; Collins; Manendo; Oceguera; REP: Carpenter; Goicoechea; Gustavson; Knecht; Sherer.
WAYS AND MEANS - DEM: Arberry; Giunchigliani; Chowning; Goldwater; Leslie; McClain; Parks; Perkins; REP: Andonov; Beers; Gibbons; Griffin; Hettrick; Marvel.
CCMS MINI INTERNSHIP
January 13 to 16, Monday through Thursday, will be our annual outreach program for elected officials, community leaders, and media representatives. They will be able to "intern" in an interactive program with a physician and his or her patients in the office, hospital, surgical center, and operating or emergency departments. A dinner review of the encounters will follow. Please call Deborah Barton at CCMS to volunteer yourself or enroll your interested intern.
Referral Tallies
The following referrals were provided to CCMS members in the fourth quarter of 2002 (through December 15)
Specialty Referrals
Addiction Medicine 0
Allergy 2
Anesthesiology 1
Cardiology 5
Cardiovascular Surgery 1
Colon & Rectal Surgery 1
Dermatology 9
Diagnostic Radiology 0
Endocrinology 5
Family Practice 15
Gastroenterology 3
General Surgery 4
Geriatrics 2
Gynecologic Oncology 0
Hematology 2
Infectious Medicine 2
Internal Medicine 13
Nephrology 2
Neurology 8
Neurosurgery 5
Ob-Gyn 6
Oncology 9
Ophthalmology 4
Oral/Maxillofacial Surg. 0
Orthopaedic Surgery 10
Otolaryngology 3
Pain Management 1
Pathology 1
Pediatrics 3
Ped. Psychiatry 2
Ped. Surgery 0
Physical Med/Rehab 0
Plastic Surgery 13
Preventative Medicine 0
Psychiatry 6
Pulmonology 4
Radiology 1
Rheumatology 3
Toxicology 0
Urology 5
Vascular Surgery 0
Totals 151
Alliance Message
By Karen Schroeder,
2002-2003 CCMS Alliance President
Thank you to all 150 + physicians who participated in our Holiday Greeting Card Project. Although the number of participants was much lower than last year, after expenses we will have disbursed approximately $4,500. Money will be set aside for three nursing scholarships, to be given out in the spring, as well as checks written to Soroptimist International of Greater Las Vegas, Southern Nevada Area Health Education Centers, and Women's Development Center. These groups disbursed food, clothing, and toys to needy people in our Las Vegas community during the holiday season. Thank you for being a part and making a difference.
As we move into the year 2003, many of us will set new goals and yearn to reach new heights. I am no different. I wonder how I can make an impact that will help this organization, this community. How am I bettering the health of my community? These thoughts lead me to our next big event: Protect Nevada Medicine, jointly sponsored by CCMS and CCMSA. Each individual who attends comes with a unique personality, program, and attitude (the snowflake). I think about us collectively and as individuals. How are we affected by the Medicare cuts - did it cost you $1,000, $2,000, or was it more than $3,000 last year? Were you left wondering if you would practice medicine tomorrow because your medical liability insurance policy had expired? What will 2003 bring for all of us? Distinct individuals, when put together can create an impact here in Nevada with resonance (the avalanche) all the way to Washington, D.C. Attend this dinner meeting Saturday January 11, 2003 at the Monte Carlo Hotel and Casino. Listen to a colleague who is working nationally toward a better medical future for all. He needs your thoughts and ideas and we need his excitement and direction. I urge you to do whatever you can:
* re-arrange weekends away
* move other important things on your calendar
* make plans for a babysitter
Hear from guest speaker Donald J. Palmisano MD, JD American Medical Association president-elect. Changes are on the horizon, be among the snowflakes that make the changes inevitable.
CEO Editorial
By Weldon (Don)
Havins, M.D., J.D., CCMS CEO and Special Counsel
NBME Demands Felony Prosecutions
The staff of the Nevada Board of Medical Examiners has written letters to District Attorneys requesting criminal prosecutions of at least two currently licensed (by the Nevada Board of Dental Examiners) Oral Maxillofacial Surgeons (OMS) who have earned an M.D. degree and display it on their business cards and letterheads. The NBME staff has threatened criminal felony prosecution of another. In his letters to the District Attorneys, NBME Chief Investigator Douglas Cooper states that each particular Oral Maxillofacial Surgeon is "holding himself out to the community as a Medical Doctor and using the words or letters 'M.D.' to imply he is a practitioner of medicine." Mr. Cooper's letter references NRS 630.400(5) which provides that a person who "uses the title "M.D.," when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute, is guilty of a category D felony and shall be punished as provided in NRS 193.130. NRS 193.130 provides that "a category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute".
A felony conviction nearly always results in revocation of professional licenses in all U.S. jurisdictions as well as loss of certain civil rights, such as the right to vote. Perhaps it is time to "authorize by a specific statute" our Nevada D.D.S./M.D.s to use their earned M.D. without the threat of felony criminal prosecution. Three Clark County Oral Maxillofacial Surgeons with D.D.S./M.D. degrees practice under their Nevada (NBME) medical license. Should they be subject to referral by the staff of the Nevada Board of Dental Examiners for felony criminal prosecution because they are practicing a dental subspecialty and utilizing the D.D.S. designation without being licensed by the Dental Board?
In the legal profession academic degrees are distinguished from jurisdiction licensed professional practice. A "J.D." (Juris Doctor) or L.L.B. (Bachelor of Laws) suffix to a person's name indicates that person has earned that academic degree. The term "Esq." denotes that a person is licensed to practice law in a particular jurisdiction (state).
In medicine, the distinction is blurred. An "M.D." degree indicates that a person has earned a Doctor of Medicine academic degree. The individual may or may not be licensed to practice medicine in a particular State. On letterheads and on business cards, those having earned an M.D. degree routinely use the suffix "M.D." irrespective of whether they are licensed to practice medicine in a particular state. Retired physicians routinely continue to use the suffix "M.D." after ceasing active practice of medicine. In Clark County at least one highly respected attorney, not licensed by the NBME, uses his earned M.D. along with his J.D. on his business cards.
One threatened Clark County Oral Maxillofacial Surgeon has earned D.D.S., Ph.D., J.D. (licensed to practice law in California, he does not use the term "Esq." which would indicate licensed to practice law in Nevada), and M.D. degrees. Although he has legitimately earned an M.D. degree, to avoid a felony prosecution, he now mechanically crosses out the M.D. on his business cards and on his letterhead. Another Clark County Oral Maxillofacial Surgeon, having earned his D.M.D. and M.D. degrees has thus far refused to subjugate himself to what he considers a ridiculous application of the law and faces felony criminal prosecution requested by the NBME Chief Investigator. A northern Nevada Oral Maxillofacial Surgeon with both degrees practices oral surgery under his dental license in Nevada and oral surgery under his medical license in California. He has been threatened with referral for felony criminal prosecution if he does not cease using his M.D. degree on his stationary and business cards in Nevada.
One cannot imagine that the good, reasonable physicians and public members of the NBME, under the superb leadership of Board president Cheryl Hug-English, M.D., would have voted to criminally prosecute another health care professional for simply displaying an earned M.D. degree when there was clearly no intent to practice medicine. The upcoming legislative session will provide an opportunity to improve this horribly misused provision in our Medical Practice Act.
One proposed amendment to NRS 630 is as follows: the letters "M.D." may be used by an unlicensed individual who has earned an M.D. from an institution recognized by the Accreditation Council for Graduate Medical Education (ACGME) or the Educational Commission for Foreign Medical Graduates (ECFMG) as an institution whose students are eligible to sit for the United States Medical Licensing Exam (USMLE).
Another proposed amendment is to require a non-licensed M.D. to place an asterisk after the "M.D." with a explanation below that the person is not licensed by the Nevada Board of Medical Examiners. Finally, a majority vote of a health care profession board or agency should be required for all referrals for criminal prosecution.
Curiously, this Medical Practice Act statute seems at odds with the recent expansions of the Good Samaritan Act. NRS 41.505 provides that in addition to a licensed Nevada physician, "any person who holds an equivalent license issued by another state… who renders emergency obstetrical care or assistance to a pregnant woman … is not liable for any civil damages… not amounting to gross negligence or reckless, willful or wanton conduct". Whether licensed in Nevada or in another state, the physician receives this medical negligence damages protection. As public policy, this law makes sense. We don't want a physician to avoid providing gratuitous emergency care to a woman in labor.
NRS 41.505 also provides that "any person who holds an equivalent license issued by another state who (a) is retired…" and renders medical care gratuitously to an indigent person is similarly protected from medical negligence damages not amounting to gross negligence, etc. This also furthers good public policy. We want capable physicians, retired or not, to render medical care gratuitously to indigent persons in our State. This law protects retired physicians providing free care to indigent patients. This law could help reduce the congested emergency rooms in our city where indigents frequently go to receive medical care. The free care provided by retired physicians will aid the over-burdened Nevada taxpayers who would necessarily pay the costs of this care provided, for instance, at UMC. NRS 41.505 nowhere references the Medical Practice Act (NRS 630). Thus, a retired physician, not necessarily licensed in Nevada according to this statute, may render medical care gratuitously to indigent patients in Nevada and receive medical liability protection. But if that physician displays the M.D. associated with his name, that physician may be subject to criminal felony punishment. This result seems incongruous with the public policy purposes of NRS 41.505.
Senator Ray Rawson, chairman of the Senate Human Resources and Facilities Committee, has indicated that his committee will address these issues in the upcoming legislative session. We applaud his willingness to take on these incongruous issues.
Medical Liability Insurance
Temporary Subsidy
Senator Ann O'Connell has introduced a Bill Draft Request to provide temporary financial assistance to qualifying physicians in critically impacted specialties. A fund, to be administered by the Commissioner of Insurance would be formed from monies appropriated from the NBME (reportedly 2 million dollars according to the Review-Journal), some funds from the Nevada Board of Osteopathic Medicine (NBOM), $200 per licensed physician per year for the two years the fund is scheduled to exist, and $50 dollars per delivery from hospitals and birthing centers. The NBME and NBOM would not be allowed to raise license fees until June 1, 2005, when the fund would terminate. Any funds remaining on June 1, 2005, would be transferred to the Physicians Rehab Fund, currently well administered by its CEO, Carol Bowers.
Physicians in critically impacted specialties (as defined and determined by the Insurance Commissioner) could apply for up to $30,000 in financial assistance per year. Qualifying physicians would be required to show that more than 15% of their gross income is expended on medical liability premiums.
This concept of a subsidy fund has been operated in North Carolina and Florida. It currently exists in Maine. All these states have required applying physicians to take Medicaid patients and to meet the 15% threshold (Maine does this unofficially; North Carolina and Florida formally mandated this showing).
This fund would be budget neutral from the taxpayers' perspective. It would be funded by physicians, for physicians.
Arguments opposing this fund are, among others:
1. It is "bad public policy and sets a bad precedent" for physicians to be forced to contribute to help physicians.
2. The NBME would likely strenuously object to the legislature taking their excess cash.
3. This fund would encourage insurance companies to keep medical liability premiums high.
4. Only some physicians would benefit.
5. The 15% threshold is too high.
Argument forward in support of the BDR:
1. No tax funds are available to support physicians faced with no choice but to leave Nevada.
2. Specialties such as OBGYN will be decimated in the next two years without some short term subsidy assistance.
3. Physicians have an obligation to help out their own (at least in the short term) weather this crisis.
4. The NBME has heavily overcharged physicians the last several years. This is one manner of recovering some of those funds to keep experienced doctors in Nevada and thereby avert an access to medical care crisis. This fund therefore ultimately helps the public as much as the physicians.
Nevada/HIPAA Privacy Laws
Comparison Insert
Among the major HIPAA Privacy regulation requirements is the mandate that the "covered entity" (health care provider) obtain a legal analysis of that State's privacy laws to determine if the State law conflicts with HIPAA or is "more stringent" than HIPAA. Conflicting laws must be analyzed as to which more accurately reflects the intent of the privacy regulations, and this must be followed by the covered entity. Where state law and HIPAA regulate simultaneously, the covered entity must follow the "more stringent" law or rule.
This analysis requires many hours of legal work. Fortunately, Kelly Testolin, Esq., Health Law partner in the firm Hale, Lane, Peek, has completed this daunting project and made his legal analyses available for publication in this issue of the County Line. You will find it in the central pages herein. This analysis should satisfy the specific HIPAA requirements for most solo and small group practices.
CME CALENDAR
· Cardiovascular Consultants 691-9154
· Clark County Medical Society 739-9989
1/4 - “HIPAA Privacy Standards Compliance,” 8:45 - 11 a.m., 2 CME hours
1/23 - “OSHA for Physicians,” 5:45 - 8 p.m., 2 CME hours
2/20 - “Pain Management and Nevada Law,” 5:45 - 8 p.m., 2 CME hours
4/5 - “Bioterrorism,” 8:45 - 11:15 a.m., 2 CME hours
Future
Programs Planned:
February 2003 - “Ethics”
April 2003 - “Obesity”
May 2003 - “Ethics” and “Ophthalmology”
June 2003 - “Expert Witness” and “End of Life”
July 2003 - “Women’s Health Issues” and “Medical Legislative Update”
August 2003 - “Patient Consent and Rights” and “Sexually Transmitted Diseases”
September 2003 - “Healthcare Fraud and Abuse”
· Southwest Medical Associates 242-7347
1/9 - “Cultural Diversity in Healthcare,” 7:30 a.m.
2/13 - “Understanding Coding: Taking Credit When Credit is Due,” 7:30 a.m.
· Sunrise Hospital 731-8210
· UMC 383-2604
· Valley Hospital 388-4847
1/10 - “HIPAA (Medical Ethics),” noon
1/28 - “Lung Cancer,” noon
2/11 - “Abnormal Paps,” noon
2/25 - “Acute Coronary Syndromes,” noon
3/11 - “Weight Loss Surgeries,” noon
3/25 - “Common Dermatology Problems for Primary Care Physicians,” noon
*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 of each month.
Clark County Health District Disease Statistics* -
November 2002
DISEASE CASES REPORTED YEAR TO DATE
11/
2001 11/2002 2001 2002
VACCINE
PREVENTABLE DISEASES
HAEMOPHILUS
INFLUENZA 0 0 3 8
(invasive)
HEPATITIS A 0 2 44 21
HEPATITIS B 2 6 32 44
INFLUENZA 0 0 28 59
MEASLES 0 0 1 1
MUMPS 0 0 3 4
PERTUSSIS 0 1 4 23
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY
TRANSMITTED DISEASES
AIDS 13 15 159 236
CHLAMYDIA 381 350 3760 4128
GONORRHEA 178 157 1686 1600
HIV 14 14 140 164
SYPHILIS 0 0 3 7
(Primary & Secondary)
SYPHILIS
(Early Latent) 0 0 5 6
ENTERICS
AMEBIASIS 1 5 4 23
BOTULISM-INTESTINAL 0 0 0 0
CAMPYLOBACTERIOSIS 8 6 126 107
CRYPTOSPORIDIOSIS 0 0 4 2
E. COLI
O157:H7 0 1 6 14
GIARDIASIS 11 15 122 109
ROTAVIRUS 72 20 483 365
SALMONELLOSIS 14 15 128 169
SHIGELLOSIS 1 2 54 29
TYPHOID
FEVER 0 0 0 0
YERSINIOSIS 0 0 0 0
ANTHRAX 0 0 0 0
BOTULISM
INTOXIFICATION 0 0 0 0
BRUCELLOSIS 0 0 0 0
COCCIDIOIDOMYCOSIS 8 4 30 39
ENCEPHALITIS 0 0 0 2
HANTAVIRUS 0 0 0 0
HEMOLYTIC
UREMIC
SYNDROME
(HUS) 0 0 0 0
HEPATITIS C 0 0 0 3
HEPATITIS D 0 0 0 1
LEGIONELLOSIS 0 1 4 5
LEPROSY
(HANSEN'S DISEASE) 0 0 1 0
LEPTOSPIROSIS 0 0 0 1
LISTERIOSIS 0 0 5 0
LYME DISEASE 0 0 2 0
MALARIA 1 0 3 3
MENINGITIS,
ASEPTIC/VIRAL 13 8 77 92
MENINGITIS,
BACTERIAL 1 3 18 25
MENINGOCOCCAL
DISEASE 1 0 7 14
Q FEVER 0 1 0 1
RABIES
(HUMAN) 0 0 0 0
RELAPSING
FEVER 0 0 0 0
RSV
(RESPIRATORY 75 53 1417 1955
SYNCYTIAL VIRUS)
ROCKY MOUNTAIN
SPOTTED 0 0 1 2
FEVER
TOXIC SHOCK
SYNDROME 0 0 0 1
TUBERCULOSIS 6 6 66 56
TULAREMIA 0 0 0 0
UNUSUAL
ILLNESS 0 0 0 1
*Numbers include confirmed and probable cases
Classifieds
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· FOR SUBLEASE - Summerlin Medical Center Convenient first floor suite includes 6 exam rooms - 3 furnished, 2 empty, 1 procedure room, and 1 extra Dr.’s office. Over 2500 sq. ft. All brand new furniture & medical equipment. Call Esther at 304-0800.
· EQUIPMENT WANTED: Nevada Coalition Against Sexual Violence seeks a used exam table with stirrups/good condition. Tax deductible. Contact Jodi Tyson (702) 940-2033.
· X-RAY EQUIPMENT. LIKE NEW! 500 MA Continental 125 KV with high frequency generator. Wall Bucky stand. Four-way float table. Floor rail mounted tube stand. Konica table model automatic processor. Cassettes - other accessories. New $20,000.00. Yours for only $9,800.00. Please call Family Medical Group, Evelyn (702) 459-5500.
· OFFICE SPACE AVAILABLE at St. Rose Siena Campus Del Webb Medical Plaza. Seeking a second physician to share 2000 sq. ft. office. Please call Patricia at 260-7707.
· GYN WANTED TO SHARE VIP OFFICE in Green Valley by Anthem/Seven Hills. Office & exam rooms at minimal cost -- in truly elegant setting. Ideal for new practice or to lower overhead costs. Call 419-8256.
· CLOSING OFFICE: (12-31-02) Medical/Office Equipment/Funtinture for sale. Wooden treatment tables - 1 with stirrups, goose neck lamps, physician’s scale, professional and utility stools, chrome paper towel dispensers, IV stand, etc. Call Dr. Lee or Carol 384-4540.
· ESTABLISHED INTERNAL MEDICINE Practice for sale. Call 204-8109.
· FOR LEASE - MEDICAL OFFICE Del Webb Medical Plaza in Green Valley. Approx. 2335 sq. ft., turn key with four exam rooms, one procedure room, and nice decor. Call Connie at 702-951-0770.
· MEDICAL OFFICE SPACE For Lease/Time Share - New building, ready to move in, fully furnished, approx 1200 sq. ft. on a busy street in Green Valley, ideal for pediatric subspecialties. Call Sherrie 898-6400.
County Line Advertisers
Jeffrey L. Burr & Associates, Estate Planning Attorneys 433-4455 www.jeffreylburr.com
Campbell Court 364-0909
Clark County Credit Union 228-2228 www.ccculv.org
Colonial Bank 304-3716 www.colonialbank.com
Desert Radiologists 382-XRAY (382-9729) www.desertrad.com
Hutchison & Steffen, Attorneys 385-2500 www.hsnlaw.com
Irwin Union Bank, FSB www.irwinunion.com
JDH Associates 812-7501
KUNV 91.5 FM 869-6623
Medical Association of Billers 240-8519 www.e-medbill.com
Norfolk Medical Group 888-808-6690 www.nmhs.org
Raymond James Financial Services 383-5092 www.financialprudence.com
Red Rock Radiology 731-2888 www.redrockradiology.com
Shred-it 25-SHRED (257-4733) www.shredit.com
Wolfe Consulting Group, Ltd. 380-2900