County Line
Newsletter LVII October 2004
Losing
Ground - Nevada's Physician Population
Professional Liability Insurance Premiums in Nevada
Malpractice Filings Against Health Care Providers, Jan 2001 - Aug 2004Referral Tallies
Health District Adds Community Health Services Division
Clark County Health District Disease Statistics - August 2004
By Larry Matheis, Executive Director,
A
frequently asked question is: "How many physicians have left
There are
official numbers that only those who advocate for the personal injury lawyer
interest can avoid or deny. During the 15 years (1987-2001) preceding
In 2002,
the Nevada State Board of Medical Examiners (NBME) reports that
According
to the Nevada State Demographer, there was a 73,524 net increase of
In 1985,
when the State population (969,370) began its unprecedented growth rate, there
were 148 physicians for every 100,000 Nevadans. The
The most
dramatic impact of both population growth & the loss in availability of
physicians has occurred in
Throughout 2002, NSMA reported on the exodus of physicians & reported the difficulty in recruiting new physicians. Now you have the official data confirming our reports.

By Michael P Colletti, M.D., 2004-2005 CCMS President
MEDPAC-endorsed candidates were winners in 5 out of 6 races
in September's Primary Election. MEDPAC,
lead by Dr. David Steinberg, will meet again prior to the general election, as
we have further funds to distribute and will make further endorsements.
The Southern Nevada Medical Industry Coalition (SNMIC)
hosted a "Meet the Candidates Night" at
The CCMS Scholarship fund committee will meet again within
the next two months. We may award more
scholarships to nursing and medical students who intend to stay in
The nursing shortage continues, but on an optimistic note,
we now have many more applicants for our three nursing schools. This has been one of our goals and the goal
of the SNMIC nursing education committee. The CCMS will continue to work with
the Coalition to maintain and build quality health care for the people of
southern
The general election will soon be here, and we need to keep
supporting KODIN- Keep our Doctors in
By
Donald C. Mohs, M.D.
Like an old
great African elephant, whose tusks are highly valued for their ivory, my
professional carcass is prized by trial attorneys, worth more dead to someone
than alive. And like that elephant, I am preparing, along with others of my
herd, to move on to another living ground, one less populated with hunters, so
I may continue to survive another day. Such is the life of a physician that had
chosen to practice medicine in
Events are
unfolding that are scary for
A
painstakingly legally-qualified ballot initiative question #3, sponsored by Keep
Our Doctors In Nevada, has been assailed, almost utterly wiped-out, by
the legal maneuvering of the trial attorneys, using the very system they had
usurped--cleverly, ingeniously, with the arcane legal weapons of their arsenal.
Those weapons are out of the reach of the average citizen. It is the average citizen, the one who signed
the petition, and the one who qualified the ballot initiative, who would have
been stifled. And it will be the average citizen, the one who now fears
the legal system rather than respects it, who will suffer if
ballot issue #3 is now defeated.
Why will he
suffer? He will find it increasingly difficult to obtain medical care in this
state, and I dare say, elsewhere. Because
If this
miscarriage of justice occurs, the attorneys will undoubtedly be celebrating
their sly victory, cracking open bottles of champagne in their well-appointed
offices, laughing over how much we physicians were duped.
Laughing.
It is
By
Weldon (Don)
As the
debates on ballot Questions 3, 4, and 5 intensify, there will be individuals,
and at least one group, insisting that the problem of increasing professional
liability insurance premiums is due entirely to
insurance company greed. The
"insurance companies bad investments in the stock market are the reason
for their insatiable need for cash."
What are the facts?
"Loss ratio" is one of the four factors driving insurance rates. The others factors are insurance company investments, particularly the interest derived from bonds (secured interest bearing instruments); the cost of reinsurance; and, trial lawyers will contend, the insurance industry's exemption from federal antitrust laws.
![]()
"Loss
ratio" is calculated by dividing "incurred losses" by premium
dollars. Incurred losses are losses
predicted on a claim at the time the claim is opened. A PLI insurer will open a claim when there is
a written demand for compensation and an allegation of medical negligence. A claim often is opened, before the filing of
a lawsuit, when the health care provider notifies the insurer of the threat or
demand received. Some insurers will open
a claim on the basis of an adverse event reported to them by their insured
health care provider. When a claim is
opened, money is placed "on reserve" to cover the potential cost of
the claim. The amount of money placed on
reserve is an estimate of the cost of administering the claim (the allocated
loss adjusted expense or ALAE) and the predicted indemnity payout on the
claim. All these funds on reserve
constitute the numerator in the loss ratio equation. The denominator in the equation is the total
premiums received or earned. Premium
dollars are actual monies received.
Monies held on reserve are based on predictions. When insurers report a profit ratio or loss
ratio, they are using a prediction divided by a sum certain. This means the profit or loss ratio is a
"best guess" prediction of what ultimately will occur.
The longer
the average time from opening claims until closing claims makes predictions of
costs progressively more uncertain. In
an environment of increasing severity of awards and settlements and in an
environment of an increasing frequency of claims, insurers will need substantially
more money on reserve than if severity or frequency of claims were stable. In the past few years,
In 1999
there were seven professional liability insurance (PLI) companies selling
medical malpractice insurance to physicians in
In the past
several years, the Nevada Insurance Commissioner has granted increases in PLI
insurance premiums. Insurance Division
press releases and local newspapers have reported these increases:
2001
January 2001 - The Doctors Company
was approved for a 13.9% increase affecting
May 2001 - the Physicians Insurance
Company of
August
2001 - American Continental (CAN) raised their premiums 52%.
September
2001 - the St. Paul Group received a stepped 70% rate increase.
The
Nevada Division of Insurance suspended the license of the Pennsylvania
Physicians Insurance Company (PHICO) due to the threat of insolvency.
October
2001 - MIEC was approved for a 19.5% premiums increase.
December
2001 - PIC
2002
May 2002 - MIEC was approved for
another 30% increase in premiums in
May 2002 - APA was approved for a
147% increase in
2003
January 2003 - PIC
January 2003 - The Doctors Company
was approved for another 16.9% increase in premiums.
At the end of 2003 - MIEC, the PLI
division of Farmers Insurance, and the APA Insurance Company all stopped
selling PLI insurance in
2004
2004
- PIC
Clearly,
many PLI insurers have left
Legislation
passed in August 2002 attempted to ameliorate
Insurance
companies invest money held in reserve.
Some individuals and groups contend that poor investments by insurance
companies are the cause for the insurers need for increased cash reserves,
which in turn necessitates increased premiums charged to physicians and other
health care providers. In fact, however,
insurers are tightly regulated as to investments permitted. Like many other states,
In addition
to money on reserve, insurers are required to maintain a certain amount of
"surplus" funds. These might
be considered "rainy day" disaster funds. The amount of surplus required is regulated
by insurance laws and administrative rules.
Insurers reduce their exposure, and the associated requirement for
higher surplus, by purchasing reinsurance.
Reinsurance is insurance for insurers.
Insurers are liable up to a certain limit; above this, reinsurance
covers the loss. In the last few years,
the cost of reinsurance has increased greatly with few reinsurers
available in the market.
Some
individuals contend that only baseball and insurance companies are not subject
to anti-trust laws. Unlike baseball,
insurance company regulation was given to the states by the McCarran-Ferguson
Act passed by Congress in 1948.
Insurance companies do share data regarding judgments and
settlements. This is necessary to
establish risk levels for certain specialties.
The responsibility for overseeing competition among insurers falls
within the authority of the state insurance commissioner. While there is no federal law precluding
collusion and price fixing between insurers, the Insurance Commissioner has the
duty and authority to require premiums be set at a reasonable level to maintain
insurance company solvency and profitability.
Insurance companies compete for premium dollars so it is in the
insurance company's interest to set premiums at a lower level than competitors
in order to gain market share and increase their profit. Clearly, however, the fewer insurance
companies there are in a market, the less the competition and the less the drive
to set premiums at the minimum profitability level.
In states
with tort laws that limit the upside exposure of awards with firm caps on noneconomic damages at $350,000 or lower, with shorter
statute of limitations, with shorter times to bring a filed case to trial, and
which provide for periodic payment of future damages, the insurance market is
stable and affordable, notwithstanding fluctuations in the business cycle. In

For several
years following the implementation of MICRA medical liability premiums
consistently fell, insurance companies returned to the market and provided more
competition, and


The bottom
graph on page 13 indicates premium amounts of the Medical Insurance Exchange of
California (MIEC) in May 2002. Despite
these premiums levels, and other subsequent raises in premiums, MIEC ceased
selling insurance in

Ballot
Question 3 (the Keep Our Doctors in
Threatening
Question 3 are two constitutional amendment
initiatives promulgated by the "People for a Better Nevada", a
nonprofit corporation which did not disclose the identity of donors and the
amount of donations. The Nevada State
Medical Association and the Clark County Medical Society have lodged formal
complaints about this issue with the Nevada Secretary of State who has
initially taken a position that "People for a Better Nevada" is
required to divulge the identity of donors and the amount of their
donations. The "People for a Better
Nevada" contends that, as a
Implementation
of the constitutional amendments in ballot Question 4 will, since insurance premiums are going up
(rather than down at 10% per year), void
all limitations on damages in medical malpractice lawsuits. Implementation of the constitutional
amendments in ballot Question 5 (Stop Frivolous Lawsuit and Protect Your
Rights) will void the changes in
Also now
circulating for signatures is an initiative which would limit attorney
contingency fees to 25% of the first $100,000 of an award, and 10% of any award
over $100,000. If certified by the
Secretary of State, this Initiative would be considered by the 2005 Legislature
who would have 40 days to: 1) pass a statute with the same provisions, 2) pass
a competing measure for the 2006 general election, or 3) do nothing. In the last two scenarios, the Initiative
would be voted on by the citizens in the general election of 2006. To the best of our knowledge, this
circulating initiative has no involvement by organized medicine.
One can expect the 2004 and 2006 general election initiatives to be heavily contested.
2001 2002 2003 2004
Jan 39 33 108 61
Feb 20 14 98 72
Mar 35 30 169 123
Apr 37 34 111 81
May 37 35 126 65
Jun 27 24 103 90
Aug 54 51 76 67
Oct 37 83 110
Nov 38 184 59
Sum 372 823 1246
The following referrals were provided to CCMS members in the third quarter of 2004 (through September 17):
Specialty
Referrals
Addiction Medicine 0
Allergy 1
Anesthesiology 0
Cardiology 6
Cardiovascular Surgery 2
Dermatology 10
Diagnostic Radiology 0
Endocrinology 3
Family Practice 16
Gastroenterology 7
General Surgery 4
Geriatrics 1
Gynecologic Oncology 0
Hematology 0
Infectious Medicine 2
Internal Medicine 21
Nephrology 2
Neurology 7
Neurosurgery 0
Ob-Gyn 6
Occupational Med 1
Oncology 5
Ophthalmology 6
Oral/Maxillofacial Surg. 0
Orthopaedic Surgery 18
Otolaryngology 9
Pain Mgmt/Medicine 3
Pathology 0
Pediatrics 2
Ped. Surgery 0
Physical Med/Rehab 0
Plastic Surgery 12
Psychiatry 7
Pulmonology 3
Radiology 0
Rheumatology 6
Thoracic Surgery 1
Urology 3
Vascular Surgery 1
Totals 166
By Marian Haas and Kathie Slaughter, 2004-2005 CCMS
As we
approach Fall and the welcome change in weather, the
We are also trying to
educate our community on the need to look carefully at Questions 4 and 5. These two constitutional amendment
initiatives would negate all of the efforts in passing Question 3. The Clark County Medical Society has asked
the
The
We have
been planning our fundraisers. You will
soon see a request for donations to our Greeting Card Project. This is a wonderful way to send
We are looking forward to seeing you at one of our events. If you wish to join us, please contact Wendy Agrawal @ 228-6360, Swati Khamamkar @242-8542, Marian Haas @838-9840, or Kathie Slaughter @ 878-4981. You may also get information from the Clark County Medical Society @ 739-9989
By Donald S. Kwalick, MD, MPH, Chief Health Officer
In order to
better coordinate services and function areas the
Clark County Health District is adding a new division, Community Health
Services, to its organizational structure. The division will comprise existing
health district sections including, Emergency Medical Services (EMS),
Epidemiology, Health Education and Public Health Preparedness.
The new
division will be lead by Larry Sands, DO, MPH, who will officially join the
health district staff in January 2005. Dr. Sands comes to the health district
from the Maricopa County Department of Public Health.
In addition
to integrating existing services, the new division will launch a Chronic Disease
Prevention Program that will include educational outreach, intervention,
surveillance and data collection activities. The health district will pursue
funding for this program through the restoration of Health Aid to Counties to
the Governor's executive budget during the 2005 legislative session.
The
increasing rates of obesity, diabetes and asthma make chronic disease
prevention and management a growing public health concern. Overweight and
obesity are overtaking tobacco use as the leading cause of preventable illness
in the
The rise in
obesity prevalence is also associated with the development of type 2 diabetes.
BRFSS data projects that between the years 2000 and 2050 there will be a 165
percent increase in persons diagnosed with diabetes in the
Asthma is
also a growing concern and the most common chronic disease of childhood.
Nationally, 6.3 million children suffer with asthma and according to the
Southern Nevada Community Assessment 2003,
In addition
to the human toll chronic disease wreaks on our state,
associated direct and indirect financial costs are staggering:
·
The net cost of treating smoking related illness
in the
·
The annual health care costs in
·
Among asthmatic respondents to a community
assessment survey, 9.2 percent indicated they missed one week or less of work
in the previous year due to asthma, 6 percent reported they missed between 8-24
days, 4.5 percent reported they missed every day of work and .6 percent
indicated they missed more than 25 days. (PRC - 2002
·
The total economic cost of obesity in the
·
Estimates of the total attributable costs of
diabetes are around $100 billion ($43 billion direct; $45 billion indirect).
(Healthy People 2010)
·
Over $58 million was spent on diabetes
hospitalizations for
With the implementation of the chronic disease management program, Clark County Health District staff is looking forward to working with health care providers and community partners to address chronic disease and these associated issues.
·
·
MEDICAL
PHYSICIAN WANTED: Immediate opening for established Weight Loss/Wellness
center in
·
FOR
LEASE:
·
VIP SPACE
FOR SPECIALIST: In
·
OFFICE
SPACE AVAILABLE FOR SUBLET: Monday, Wednesday Afternoon, and/or all day
Friday, Saturday. Central location,
· WANTED: WELL-ESTABLISHED, 6-YEAR-Old medical practice seeking part time Nevada licensed Family Practice, General Practitioner (M.D. or D.O.), flexible scheduling, No HMO, competitive salary. E-mail your CV to PmsJim@msn.com or call 326-4988 anytime.
Cardiovascular
Consultants 691-9154
·
10/2* - “Hospice and Palliative Medicine- What
is it?”
·
10/20 - “Current Trends in Cosmetic Surgery and
Other Cosmetic Procedures,”
HealthInsight
(801) 892-0155
Pri-Med Institute (877) 4PRI-MED
·
11/19-20 - “Pri-Med
Updates,” up to 16.5 CME hours, FREE to CCMS members, for details or to
register visit www.pri-med.com/updates/lasvegas
Southwest Medical
Associates 242-7735
·
10/14 - “Rheumatology
Update,”
UMC 383-2604
·
10/12 - “Plastic, ‘Rejuvenating’, Surgeries
(Medical Ethics),”
·
10/26 - “STD Update,”
·
11/9 - “Update on PET Scans,”
·
11/23 - “Atypical Anti-Psychotics,”
·
12/14 - “Current Developments Concerning Rhumatoid Arthritis,”
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.
DISEASE CASES REPORTED YEAR
TO DATE
Aug 2003 Aug 2004 2003 2004
VACCINE PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
HAEMOPHILUS
INFLUENZA 4 0 8 6
(invasive)
HEPATITIS A 0 2 9 6
HEPATITIS B 7 2 45 39
INFLUENZA 0 0 47 53
MEASLES 0 0 0 0
MUMPS 1 0 2 0
PERTUSSIS 5 2 14 4
POLIOMYELITIS 0 0 0 0
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY TRANSMITTED DISEASES **
CHLAMYDIA 258 1095 2931 3346
GONORRHEA 119 507 1162 1663
SYPHILIS (Primary & Secondary) 1 4 7 18
SYPHILIS
(Early Latent) 1 2 17 10
ENTERICS
AMEBIASIS 1 1 12 9
BOTULISM-INTESTINAL
(Infant) 0 0 1 0
CAMPYLOBACTERIOSIS 13 4 60 53
CHOLERA 0 0 0 0
CRYPTOSPORIDIOSIS 0 1 5 1
E. COLI
O157:H7 9 1 14 3
GIARDIASIS 7 11 55 52
ROTAVIRUS 8 8 464 420
SALMONELLOSIS 16 10 72 67
SHIGELLOSIS 3 0 24 18
TYPHOID
FEVER 0 0 0 0
VIBRIO 0 0 0 4
YERSINIOSIS 0 0 0 0
OTHER
ANTHRAX 0 0 0 0
BOTULISM
INTOXICATION 0 0 0 0
BRUCELLOSIS 0 0 0 0
COCCIDIOIDOMYCOSIS 5 4 23 45
ENCEPHALITIS 0 0 2 0
HANTAVIRUS 0 0 0 0
HEMOLYTIC
UREMIC 0 0 0 0
SYNDROME (HUS)
HEPATITIS C 0 0 3 2
HEPATITIS D 0 0 0 1
LEGIONELLOSIS 0 1 3 6
LEPROSY (HANSEN'S DISEASE) 0 0 0 1
LEPTOSPIROSIS 0 0 0 1
LISTERIOSIS 1 0 2 5
LYME
DISEASE 0 0 3 2
MALARIA 0 0 1 4
MENINGITIS,
ASEPTIC/VIRAL 24 14 81 44
MENINGITIS,
BACTERIAL 2 2 19 9
MENINGOCOCCAL
DISEASE 2 0 5 4
PLAGUE 0 0 0 0
RABIES
(HUMAN) 0 0 0 0
RELAPSING
FEVER 0 0 0 0
RSV
(RESPIRATORY 7 4 1349 1047
SYNCYTIAL VIRUS)
ROCKY
MOUNTAIN 0 0 0 0
SPOTTED FEVER
TOXIC SHOCK
SYNDROME 1 0 2 3
TUBERCULOSIS 6 6 43 33
TULAREMIA 0 0 0 0
(WNV)
* Numbers
include confirmed and probable cases
** For
HIV/AIDS statistics please call the Clark County Health District Office of AIDS
at 759-0730.
If you have any pertinent information about the following
membership candidates, please contact:
Clark County Medical Society,
Applicants To Go Before
Credentialing Committee:
·
Richard A Byrd, MD - Anesthesiology
·