Newsletter 76 May 06
President-elect
responds to Las Vegas Sun article
Malpractice Filings Against Health Care Providers, Jan 2001 – Mar 2006
Southern Nevada Health Officer
Report
Kelly Testolin Article on DME
Vendors
Southern Nevada Health District
Disease Statistics – March 2006
By
In response to Mark Hansen's Las Vegas Sun's recent article that Medical Malpractice Tort Reform was a failure at reducing malpractice insurance rates and providing protection for both doctors and patients, according to doctors, patients and lawyers, this is simply not true.
One of the greatest threats to health care providers during the crisis was the excessive number of medical malpractice lawsuits filed. The number of such cases between 2002 and 2005 has been dramatically reduced. If you look at the Clark County District Court Medical Malpractice Filings Against Health Care Providers between the period January 2001 and February 2006, the filings peaked during the crisis in 2003 at 1,246. In 2005 the number of cases filed against health care providers was 581, showing that the passage of Ballot Question 3 dramatically reduced the number of cases filed, making the state less litigious for healthcare providers.
The article states that attorneys are suffering from a lack of lawsuits filed. If you examine 2001, just before the crisis, there were 372 cases filed during that year. If you compare those figures to 2005, after the implementation of the Ballot Question 3, there were 581 cases filed. Attorneys are still filing numerous cases.
Mr. Hansen's article suggests that tort reform did not
stabilize insurance rates. Again, this
is inaccurate. The fact is that no
professional liability insurance (PLI) company has left
NMIC has decreased their rates by 2 1/2 %. PIC
In my own experience after practicing for 21 years here in
As an OB/GYN in this state, over the period of the crisis I
was unable to solicit any doctors to come to
By Ron Kline, MD,
2005-2006
Time for all of us to pull together: The Status Quo will not hold
After nearly a year of vigorous, albeit informal discussions prompted by Mayor Goodman's proposal to bring the University of Pittsburgh Medical Center (UPMC) to Las Vegas (and the Cleveland Clinic prior to that), discussions regarding a Health Sciences Center (HSC) in southern Nevada are now progressing forward rapidly with definitive actions hopefully just over the horizon.
These discussions have now focused on three groups: the legislature's interim health committees (both Assembly and Senate), the Governor's commission on Medical Education Research and Training (MERT), chaired by Don Snyder and ably staffed by Lisa Serwin, and the Regent's Committee on the HSC, chaired by Regent James Dean Leavitt with its parallel advisory group (which is part of the committee) chaired by me.
MERT is scheduled to issue its report to the Governor in September, and the Regent's committee will have its first meeting in May. MERT's mission is to set broad goals that the State should work towards to meet its healthcare needs. The Regent's committee will undoubtedly review MERT's recommendations, although it is not bound by them, and have the responsibility for implementing its own chosen goals (as long as the entire Board of Regents concurs) by virtue of its governance of the Nevada System of Higher Education, which include UNR (which includes UNSOM), UNLV (which includes the dental school, a nursing school, and various allied health programs), Nevada State College (nursing school) and the Community College of Southern Nevada (CCSN), which include nursing schools and allied health programs.
The Board of Regents has formed this advisory group as part of their committee on the HSC since they understand that although they have clear statutory authority over UNSOM and many of the other educational institutions within the State that would compose an HSC; the initial and continued success of this venture will require the support of all of the stakeholders in this process. These include UNSOM, legislative leaders, community physicians, hospitals, business leaders, and the philanthropic community.
The development of an HSC will require many of us to compromise some of our interests. A stronger medical school with a larger and stronger faculty will undoubtedly compete more effectively with those of us in private practice. An inpatient facility (if it is part of the plan) will undoubtedly compete with the private hospitals in the community. So why should we do that? Why should we compromise our interests? Why not just continue as we have been?
Clearly, the status quo will not hold. Several large hospital corporations have
looked closely at expanding into the southern
These needs include the expansion of cutting edge clinical care and research, the production of larger numbers of physicians by UNSOM, and the expansion of our current graduate medical education programs, as well as the addition of new programs (82% of residents and fellows stay in the communities in which they train).
The community has given us the opportunity to develop our
own HSC, but our time is not endless.
UPMC, the Cleveland Clinic, and other entities have not given up on
Lest you doubt that is the case, ask yourself how many
marketing/CME brochures you receive monthly from UCLA, Stanford, UCSD and the
like. These large
So what are the basic principles that need to guide us?
1. UNSOM (and the new president of UNR, to
whom the Dean of UNSOM will report) needs to recognize that 70% of the
population of the State resides in
2. Our medical community (and this includes our hospitals) has expanded tremendously over the last several decades. We have gone from a community that provided basic primary care, to one where nearly every type of tertiary care is available. We have done this on our own, without governmental support, and we should be proud of it! Although we understand and support the need for UNSOM to expand, we would encourage it to expand first in medical specialties that are clearly underserved.
3. Additionally, we encourage UNSOM to work hard to integrate community physicians into their plans for expansion, rather than trying to move us out of the way. A successful example of this is the Children's Heart Center of Nevada, which is a private practice, but has strong ties with UNSOM's Department of Pediatrics, and comprises its Pediatric Cardiology division. Shared governance will be critical if UNSOM is to successfully expand while maintaining the support of the medical community. "Town-Gown" rivalries have compromised the expansion of many medical communities over the years, and we hope that will not be the case here.
We welcome a stronger academic medical presence in the
community, as our partner, but not as our master. Because southern
2001 2002 2003
2004 2005 2006
Jan 39 33 108 61 41 50
Feb 20 14 98 72 63 61
Mar 35 30 169 123 64 38
Apr 37 34 111 81 70
May 37 35 126 65 14
Jun 27 24 103 90 65
Aug 54 51 76 67 33
Oct 37 83 110 59 26
Nov 38 184 59 78 68
Sum
372 823
1246 867 581
Congratulations
and Welcome to the
February
2006
·
Adam A
Arita, MD – Anesthesiology,
·
John M
Bauldauf, MD - Orthopaedic Surgery, 2800 E Desert Inn Rd #100, Las Vegas,
NV 89121
·
· Victor YT Chou, MD - Family Practice, 4880 S Wynn Rd, Las Vegas, NV 89103
·
·
Xin N
Liu, DO – Orthopaedics, 9280 W Sunset Rd #422,
·
Sara L
Stephenson, DO - OB-Gyn, 98 E
· James S Tate, MD - General Surgery, 501 S Rancho Dr E-32, Las Vegas, NV 89106
· Lisa K Wong, MD – Radiology, 2020 Palomino Ln #100, Las Vegas, NV 89106
Reinstated
Members:
Applicants to Go Before Credentialing Committee
If you have any pertinent information about the following membership candidates, please contact:
For information on becoming a member of the
***New Member Special*** $390 New members
can join for half price their first year.
2006-2007 Board of Trustees
and Nominating Committee
Slate of Candidates
President-elect (vote for one)
Weldon
(Don)
Secretary (vote for one)
Jerry Jones, MD
Treasurer (vote for one)
David
Steinberg, MD
Delegate Chair
(vote for one)
Annette Teijeiro, MD
Trustees (vote for five)
Keith
Brill, MD
Mark Doubrava, MD
J. Parker Kurlinski, MD
Donald Mohs, MD
LeRoy Bernstein, MD
Nominating Committee (vote for four)
Frank Nemec, MD
Ronald Slaughter, MD
Carol Van der harten, MD
Michael Verni, MD
Nominating Committee Members
Appointed per the
Ron Kline, MD
Michael Colletti, MD
Dear
The Community Relations Committee of the Clark County Medical Society invites you to participate in our upcoming Mini-Internship Program, scheduled for May 22nd thru May 25th. This annual event is held to give non-physicians a chance to observe the practice of medicine for a day in the company of a practicing doctor in his/her daily medical routine.
Our goal is to offer insight into the professional life of
physicians. We hope to facilitate lines of communication and expand
perspectives on health care issues between the medical community and community
leaders. The people we have invited over the years as interns include elected
government officials, judges, educators, media representatives, and consumer
advocacy groups - all designed to provide an exchange leading to better
understanding of medical care in
Interns will accompany a doctor on his/her rounds, office care, surgery, emergency care, in fact anything in the daily routine of the doctor. Nothing will be set up and the intern will be encouraged to ask questions and discuss concerns throughout your mini-internship day. You will participate in our dinner, held the evening of Thursday, May 25th at a local restaurant to discuss the experience and share perspectives on health care delivery between physicians and our mini-interns.
Interns will be given a choice of specialties of the
physicians whom they wish to observe. We make every effort to accommodate all
interested physicians, but please be advised that not all volunteers may be
assigned interns during this session. By indicating your interest in the
Former participants are available to further discuss the program with you and answer any questions you may have. We eagerly anticipate your participation in this program.
Please respond at your earliest convenience to Dot Freel at the Medical Society to sign up for this program, 739-9989, and indicate if there are days when you routinely schedule surgery or surgical procedures.
Sincerely yours,
President-Elect,
By Donald Kwalick,
MD, MPH, Chief Health Officer
Methicillin Resistant
Staphylococcal Aureus Report
Health district personnel from the office of epidemiology worked with a local health care facility to study the prevalence of MRSA infections. A synopsis of the study is included below and the results emphasize the need for ongoing infection control practices to prevent and control MRSA in health care settings. The growing prevalence of MRSA is an ongoing concern of the health district and we will continue to conduct epidemiologic assessments of outbreaks in order to provide updated information to the health care community.
The Increasing Burden of Methicillin Resistant
Staphylococcus Aureus Skin and Soft Tissue Infections in the Era of
Community-Acquired MRSA
By Mu Mu Tha, MBBS,
MPH, Sheniz Moonie, PhD, Alan Greenberg, MD, Judith Hollett, RN, BS, MS
Introduction:
Community-acquired methicillin resistant Staphylococcal aureus (CA-MRSA) was first
described in the
Methods:
Microbiology culture and sensitivity results for staphylococcal isolates from
all culture sites obtained between
Forty percent of Staphylococcus aureus (SA) isolates were obtained from SSTI sites, representing the single largest source of SA isolates at this institution. SA isolates from SSTIs had a significantly higher frequency of MRSA than isolates from other specimen sites (p<0.01) (Table 1). One hundred eighteen patients presented with SSTIs from MRSA compared to 70 patients with MSSA. Patients with MRSA SSTIs were younger, presented earlier to the hospital after symptom onset, were more likely to report an insect or spider bite at the onset of the infection, and had a higher frequency of intravenous drug use (IVDU) than patients with MSSA SSTIs (Table 2). MSSA SSTIs were seen more frequently in patients with diabetes and surgical wound infections.
Conclusion: This single hospital-based study demonstrated that SSTI specimens were the most common source of SA isolates and that SSTI specimens had a higher frequency of MRSA compared to specimens from non SSTI sites. This likely reflects a high prevalence of CA-MRSA as a cause of SSTIs in the community. Patients with MRSA SSTIs had demographic and clinical features including younger age, earlier presentation from symptom onset, report of a "bite", and a higher frequency of IVDU than patients with MSSA SSTIs. MSSA SSTIs were seen more frequently in patients with diabetes and surgical wound infections possibly because these patients were older and had chronic staphylococcal skin and mucosal colonization, a known precursor of staphylococcal infection of long standing duration with onset prior to the era of CA-MRSA. If staphylococcal infections originate from chronic or newly acquired skin and/or mucus membrane colonization, it would be expected to observe a progressive increase over time in the rate of MRSA isolates from non-SSTI sites. The high overall rate of MRSA in SSTIs, suggests that initial antibiotic therapy should be directed against MRSA until sensitivity information is available. At present, community-onset MRSA SSTIs represent a significant burden of treatment in this institution, and possibly herald a higher frequency of MRSA infections at all sites.

By Kelly Testolin,
Attorney at Law,
Some durable medical equipment (DME) vendors propose arrangements to physicians which allow the physician to offer (and bill for) DME provided in the physician's office. Under these arrangements, the DME vendor supplies the involved DME inventory, the technicians and even a coding and billing service to process the patient's charges under the physician's billing number. There is little risk or effort involved for the physician in return for a new revenue source. In some instances, the physician's new in-office DME service is limited to private-pay (e.g., non-Medicare) patients to avoid risks associated with the federal anti-kickback law.
This looks like a good deal. Unfortunately, the federal government views these arrangements as violations of the federal anti-kickback law; --- even when they are limited to private pay patients. This point was driven home in a recent Advisory Opinion issued by the Office of Inspector General ("OIG") of the federal Department of Health and Human Services.
Advisory Opinion 06-02 considered whether two different types of arrangements offered by a DME manufacturer/supplier ("the DME Company") to physician practices would violate the anti-kickback law. Under arrangement No. 1, the physician's practice would become a DME supplier for private-pay patients only. The arrangement consisted of four interrelated transactions.
1. The DME Company would sell DME to the practice pursuant to a fee schedule. These sales would be structured to comply with the requirements of the anti-kickback law's discount safe harbor. The practice, in turn, would sell the DME to private pay patients.
2. The DME Company would lease Continuous Passive Motion (CPM) devices to the practice on an as-needed basis at fair market value rates. The practice, in turn, would lease the CPM devices to private pay patients.
3. The DME Company would contract to provide the practice with trained technicians to fit patients with DME items, manage product inventory, and provide related services. This was done under a contract that met the requirements of the anti-kickback laws' "personal services arrangement" safe harbor.
4. The DME Company would contract to provide the physician practice with comprehensive coding, billing, and collection services for the DME for a fixed monthly fee. This contract would also comply with the requirements of the anti-kickback law's "personal services arrangements" safe harbor.
The OIG viewed this arrangement as a likely violation of the anti-kickback law despite the fact that it was limited to private-pay patients. The OIG believes that in arrangements like this, the DME vendor offers the arrangement to the physician for his or her private pay patients in order to induce the physician to refer his Medicare patients to the DME vendor. Thus, they say, the whole arrangement is offered as a kick-back for the physician's referrals of federally-reimbursed patients to the DME vendor. Nor was the OIG deterred by the fact that most of the component transactions of the arrangement complied with anti-kickback law "safe harbors". The OIG stated its belief that even if the component parts of a joint venture arrangement satisfy applicable safe harbors, there may be a residual profit stream arising from the contractual joint venture as a whole that remains unprotected and could be prosecuted as a anti-kickback law violation.
The Advisory Opinion also considered an alternative arrangement where the DME Company would rent storage space from the practice for DME products and pay the physician a flat monthly rental fee. The lease would comply with the requirements of the space rental safe harbor. In addition, the DME Company would provide a technician on an as-needed basis to fit patients with DME items, manage product inventory, and provide related services. The practice would pay the DME Company a flat monthly fee for these services. The arrangement would also comply with the requirements of the personal services safe harbor. Last, the physician's practice would furnish inventory management and other administrative services to the DME Company. In return, the DME Company would pay the physician a percentage of the revenues derived from sales of the DME Company's products to the practice's private-pay patients. The OIG concluded that this arrangement was also a likely violation of the anti-kickback law despite the fact that it was limited to private-pay patients.
The fact is that the federal government is simply takes a hostile view of these arrangements. Physicians who get involved may be able to successfully defend themselves against anti-kickback charges, but who wants that kind of "victory". If you are approached by a vendor with a similar type of proposal, caution is advised.
By Shanila Choudhury,
2005-06
The
This was a huge
undertaking by my board members, whose dedication and commitment I very much
appreciate. The Head Chairperson for the
Fashion Show was Cheryl Samlaska. She
shared a vision with me from the beginning and despite being pregnant, worked
tirelessly with me to make it the most elegant affair we have ever had. Dr. Julie Leon coordinated the Silent
Auction. She accepted this job, which
was one of the most demanding areas we had. Our Silent Auction committee, a
group of
For the first time we made a program book which helped with all of the expenses. I would like to thank Southern Hills Hospital and Annette Kinsman who helped underwrite this event and supported us from the onset in many ways. With the help of Estela Hansen and Andrea Yu we raised near $8,000. The décor was elegant and the "Think Pink" theme came alive because of the help of Christina Duke and Heather Gerson. The ballroom and silent auction room was decorated with elegant sprays of cherry blossoms and accented by pink tulle, and flowers were everywhere. I would like to thank all of our donors for their generous contributions that made this event a huge success. We could not have done it without your continued support.
We are proud to
be presenting a check to the Susan G. Komen Foundation at MJ Christensen on May
19, 2006 at a Ladies Night Out event from 5:30 to 6:30 pm dedicated to the
Join us the next
Honoring Incoming President Dr. Florence Jameson
And presentation of the "Harold Lee Feikes Memorial Physician of the Year" Award
Saturday, June 24, 2006 at the Las Vegas Country Club
Six O'clock Registration and Cocktail Hour Seven O'clock Dinner and Awards Ceremony
Cocktail Attire
Invitations to Arrive in May
For more information, please call 739-9989
Tuesday, March 21,
2006;
The minutes from the February meeting were approved unanimously.
Financial Report
Revenue was $347,146.99 which was up about $16,000 from last year. Expenses were $198,694.50 which was down almost $17,000. The bank account balance at the end of last month was $421,699.56, which was about $120,000 more than this time last year.
Membership Report
Dr. Doubrava reported there were 682 dues paid members, a decrease from the 718 paid members last year at this time. Currently, there are a total of 831 members, which includes the dues exempt members and student members. Dr. Amir Nasseri was granted "Inactive Status" for a year.
Nevada AMC Report
Dr. Kingsley stated that Greg Hart, on behalf of UNSOM,
presented a phase-one proposal for creating a Nevada AMC to the Board of
Regents. Dr. Kingsley has been
participating in the Governor's Commission and
Touro University
Report
Dr. Forman thanked Dr. Lenhart for keeping Touro informed and for all of the work Dr. Lenhart has done on the AMC issue. Dr. Forman stated he looks forward to continuing the working relationship which has been established with UNSOM.
Allscripts Report
Dr. John Ellerton reported that his Allscripts program was
working but there were still issues unrelated to Allscripts. One was that all prescriptions are faxed
since the State Board of Pharmacy is still struggling with electronic
filing. Dr. Ellerton feels it is
difficult to look up pharmacies. He does
feel it's easy to write prescriptions in the program. Dr. Ellerton's next step will be to use a PDA
to write prescriptions and he will update the Board on the progress of that
later. Dr. Havins stated he told
Allscripts that
Delegation to the
Annual Meeting
Dr. Nelson stated there were not many resolutions by
MedPac
There were 95 MedPac contributors. MedPac has a bank balance of $27,861. Judge Michael Cherry was endorsed and MedPac contributed $2,500 to his campaign for the Supreme Court Justice open seat. Judge Diane Steele was interviewed. She has recently formally announced that she is running for the Supreme Court. Four were appointed to the MedPac Board: Ron Kline, David Steinberg, Florence Jameson, and Marietta Nelson.
Mini-Internship
Dot Freel reported the Mini-Internship program has been scheduled for May 22-25.
Health District
Report
Dr. Kwalick was unable to attend but provided a written report to the Board on current Health District concerns.
UNSOM
Dr. Lenhart stated they had great student matches in the resident matching program, and all residency programs filled in the match.
Scholarship Report
Dr. Ellerton stated he delayed the Scholarship Fund Board meeting in order to get more details on how to deal with the contracts from the University system.
NSMA Report
NSMA President, Dr.
AMA Report
Dr. Horne reported the next AMA meeting will be June 10. Any AMA member wishing to submit a resolution should contact Dr. Horne.
NBME Report
Dr. Rodriguez stated the NBME Board recently met. At that meeting it was determined that if a license was suspended for non-payment of fees, in order to change the license status, such as to inactive status, the fees would have to be paid prior to a change. Dr. Havins stated the BME asked NSMA to consider passing a resolution saying that NSMA members adopt a code of ethics endorsed by the NBME. The BME Board also discussed regulating the use of lasers as the practice of medicine. Further information was needed prior to making a decision on that issue.
President's Report
The May meeting will be held at the Sunrise Pediatric
Hospital. Dr. Kline presented a letter from the Community Bank of Nevada
detailing their offer being presented for
New Business
Dr. Kline
stated a female member suggested
After
discussion, the Board decided not to go forward with the
Dr. Havins
relayed Dr. Peter Mansky's request that
Dr.
Colletti requested the Board discuss, at the next meeting, the issue of nurses
who teach being required to have a Masters degree. Dr. Colletti feels a Bachelor's degree would
be sufficient for teaching with the critical nursing shortage. Dr. Colletti stated the SNMIC Nursing
Committee will meet in April and he will attempt to bring more information to
discuss this issue at the next
Future Meetings
The next BOT meeting will be on Tuesday, April 18, 2006.
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Bechtel
NV Chapter AACE 434-8400
Pri-Med Institute
(877) 4PRI-MED
Sierra Health Services 242-7735
6-8-2006 - “Evaluation
and Management of Anemia”
Southwest Medical Associates 242-7735
Summerlin Hospital
233-7572
Sunrise Hospital
731-8210
5-5-06, 12:15-1:15pm
- “Primary Care: Cultural Diversity 1 ethics credit
5-26-06,
12:15-1:15pm - “Primary Care: Pain Management” 1 ethics credit
5-30-06, “Pain
Management” 1 ethics credit RSVP Required
UMC 383-2604
Valley Hospital
388-4847
Only CME Activities held at the Clark County Medical
Society office are specifically endorsed by
SOUTHERN
NEVADA HEALTH DISTRICT
DISEASE
STATISTICS* - March 2006
DISEASE
CASES REPORTED YEAR TO DATE
Mar 2005 Mar
2006 2005 2006
VACCINE
PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
HAEMOPHILUS
INFLUENZA . 0 7 6
HEPATITIS A . 0 . .
HEPATITIS B . . 6 9
INFLUENZA 17 16 101 117
MEASLES 0 0 0 0
MUMPS 0 0 0 0
PERTUSSIS 8 . 11 8
POLIOMYELITIS 0 0 0 0
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY
TRANSMITTED DISEASES
AIDS 17 16 70 46
CHLAMYDIA 487 473 1378 1387
GONORRHEA 192 167 616 554
HIV 43 30 96 69
SYPHILIS
(Early Latent) 7 . 7 17
SYPHILIS
(Primary & Secondary) 14 5 22 24
ENTERICS
AMEBIASIS . 0 . .
BOTULISM-INTESTINAL
0 0 0 0
CAMPYLOBACTERIOSIS . . 21 16
CHOLERA 0 0 0 0
CRYPTOSPORIDIOSIS . 0 . .
E. COLI
O157:H7 0 0 0 0
GIARDIA 6 * 12 8
ROTAVIRUS 42 86 177 367
SALMONELLOSIS 11 . 27 22
SHIGELLOSIS 6 . 6 5
TYPHOID
FEVER 0 0 0 0
VIBRIO 0 0 0 0
YERSINIOSIS 0 0 0 1.
OTHER
ANTHRAX 0 0 0 0
BOTULISM
INTOXICATION 0 0 0 0
BRUCELLOSIS 0 0 0 0
COCCIDIOIDOMYCOSIS 5 5 20 15
ENCEPHALITIS 0 0 . 0
HANTAVIRUS 0 0 0 0
HEMOLYTIC
UREMIC (HUS) 0 0 0 0
HEPATITIS C 0 0 0 0
HEPATITIS D 0 0 0