WSOA News
A Visit with Representative Cody
Posted on July 8, 2011
Chris Kontogianis MD
On June 30, 2011, I had the pleasure of attending a reception at the house of Dr. John Adkison, our WSOA President, which was thrown in the honor of Eileen Cody as well as other dignitaries, both local and from Washington State. I found it fascinating to have the opportunity to sit down in a casual manner to discuss healthcare, both nationally and specifically in Washington State. Also present at the reception were various local politicians from Dr. Adkison's district, who were more than willing to discuss how healthcare was being delivered in Washington State. As the cocktail reception was being hosted by one of the local hospitals, there were officials from local hospitals and medical schools. This lent for a fascinating mixture of personalities, opinions and some very lively conversation.
I walked away from the reception with a rather optimistic view of medicine in Washington State. It was excellent to see so many people from different walks of life getting together in a casual manner to discuss issues that really pertain to all of us, not just as healthcare providers, but as potential utilizers of the health care system in Washington State.
For me, the most important take-home message was really just how easy it is to host such an event and bring together some of the major players in healthcare. We can have influence on a national scale, facilitating discussion regarding the many issues that affect not just our practices, but our hospitals as well. I would encourage, as would Dr. Adkison, any individual who is contemplating such reception do so, as it is an excellent opportunity to meet one's elective representatives and interact directly with them.
The WSOA as well as the WSMA are both enthusiastically supportive of these types of receptions, and would be happy to assist any prospective physician that wishes to host such a reception or cocktail party. Any orthopedic surgeon that is interested in such an event should contact our executive director, Marshall Turner, and he would be happy to direct and assist as needed.
Are you prepared for Meaningful Use?
Posted on July 8, 2011
Are you preparing to qualify for Stage 1 of Meaningful Use? Stage 1 must be met in either 2011 or 2012 in order to receive the full $44,000.00 from Medicare or $64,000.00 from Medicaid, which will be given out over the next five years beginning this year. The first step is implementing a certified EHR, once that is done, there are a total of 25 meaningful use objectives. To qualify for an incentive payment, 20 of these 25 objectives must be met. There are 15 required core objectives and the remaining 5 objectives may be chosen from the list of 10 menu set objectives.
For more information and guidance on meaningful use, visit CMS's web site here.
15 Core Objectives
(You must meet all 15)
Computerized provider order entry (CPOE)
Drug-drug and drug-allergy interaction checks
Maintain an up-to-date problem list of current and active diagnoses
E-Prescribing (eRx)
Maintain active medication list
Maintain active medication allergy list
Record demographics
Record and chart changes in vital signs
Record smoking status for patients 13 years or older
Report ambulatory clinical quality measures to CMS/States
Implement one clinical decision support rule
Provide patients with an electronic copy of their health information, upon request
Provide clinical summaries for patients for each office visit
Capability to exchange key clinical information among providers of care and patient-authorized entities electronically
Protect electronic health information
10 Additional Objectives
(You must choose 5)
Drug-formulary checks
Incorporate clinical lab test results as structured data
Generate lists of patients by specific conditions
Send reminders to patients per patient preference for preventive/follow up care
Provide patients with timely electronic access to their health information
Use certified EHR technology to identify patient-specific education resources and provide to patient, if appropriate
Medication reconciliation
Summary of care record for each transition of care/referrals
Capability to submit electronic data to immunization registries/systems
Capability to provide electronic syndromic surveillance data to public health agencies
Second Annual Summit in Seattle at Harborview
Posted on June 24, 2011
The Second Annual Summit in Seattle at Harborview is just around the corner. Please join us July 28 – 30th, 2011 for this chance to learn and reconnect. We dedicate this meeting and some of its events to our recently deceased friend and colleague Bill Mills. This year's program is chaired by Doug Hanel and Nick Vedder with a focus on Upper Extremity injuries and disorders, in addition to a number of other relevant topics.
As always, we are proud to present a diverse mixture of educational offerings including case conferences, lectures, mini-symposia and live surgical dissections with new advanced techniques offered by a world class faculty. We are proud to be joined by four distinguished visiting faculty: Thomas Fischer from the Indiana Hand to Shoulder Center, Pietro Regazzoni from Basel, Switzerland, David Ring from Mass General in Boston and Jack Wilber from Case Western in Cleveland, all of whom will provide relevant keynote lectures throughout the summit and its events. A number of alumni and our own faculty will present research and technique updates and lead discussions. You will also get to see excerpts of the ongoing scientific work at our institution in presentations of our current Fellows and ACEs and be able to participate in discussions.
You can find the brochure for the meeting here: SIS Brochure and RSVP Form. It contains the names of the course chairs, faculty, speakers and the course schedule for your preview.
Please return the official RSVP form for the course contained in the CME brochure once you receive it.
The instructions for return of the Friday night event are on the RSVP form. Please make your reservations and travel arrangements as soon as possible as we need to make social arrangements for a variety of reunion events and are expecting a full house at our official graduation and course dinner on Friday night in the Columbia Tower.
Supreme Court turns down request for expedited PPACA ruling
Posted on April 25, 2011
Via AAOS Headline News
The Washington Post reports that the U.S. Supreme Court has turned down a request by the Virginia attorney general for expedited review on the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The attorney general had asked the court to bypass the usual appeals process because of a "palpable consensus in this country that the question of PPACA's constitutionality must be and will be decided in this court." However, the White House pointed out that the individual mandate-the section of the law upon which most of the constitutional challenges hinge-does not take effect until 2014, and argued that forthcoming lower court rulings would be beneficial to the justices' understanding of the case. Read more…
Polyurethane scaffold may assist meniscus healing
Posted on April 25, 2011
Via AAOS Headline News
A case series published in the April issue of the American Journal of Sports Medicine suggests that a biodegradable, aliphatic polyurethane scaffold may assist in tissue regeneration for patients with irreparable partial meniscus lesions. The authors conducted a prospective, single-arm, proof-of-principle study of 52 patients who received a polyurethane scaffold after partial meniscectomy. At 3-month follow-up, the authors noted tissue ingrowth in 35 of 43 patients (81.4 percent), as determined through dynamic contrast-enhanced magnetic resonance imaging. At 12-month follow-up, 43 of 44 available patients (97.7 percent) showed integration of the scaffold with the native meniscus, and all 44 biopsy specimens showed fully vital material, with no signs of cell death or necrosis. Read more…
Thank you WSOA members!
The Supreme Court of Washington has now weighed in on the issue. On March 18, 2010, the Supreme Court issued a unanimous decision in favor of Benton Franklin Orthopedic Associates, making clear that it is legal for medical practices to employ physical therapists within their practices and to refer patients to those employee physical therapists. In ruling in favor of Benton Franklin, the Supreme Court rejected each of the arguments that Columbia Physical Therapy had made against physician employment of physical therapists. Specifically, the Court rejected Columbia's argument that physician owned physical therapy service is barred by the corporate practice of medicine doctrine and the Professional Service Corporation Act. The Court also rejected Columbia's claim that Washington's anti-rebate statute bars physicians from referring patients for physical therapy furnished within a medical practice. With respect to Columbia's claim under the anti-rebate statute, the Court also made clear that physician supervision of physical therapists is not required in order to comply with the anti-rebate statute.
This is a tremendous victory not only for the practice of orthopaedic surgery, but for all of medicine, as well as for patients who seek integrated, comprehensive medical care from their doctors. The victory could not have been achieved without the incredible support of WSOA members from across the State, as well as from the broader medical community within Washington and across the entire country. The Washington State Medical Association took the lead in preparing and filing a “state medical association” amicus curiae (friend of the court) brief that the American Medical Association and 18 Washington state medical organizations joined in support of Benton Franklin. The American Association of Orthopaedic Surgeons took the lead in preparing, and filing, a “national medical association” amicus curiae brief in support of Benton Franklin that was joined by the American College of Surgeons, the American Medical Society for Sports Medicine and the American Urological Association. Special thanks and appreciation is owed to Dr. Kontogianis and the other members of Benton Franklin, who have showed tremendous leadership and courage in defending against Columbia Physical Therapy's lawsuit for the last many years. This is a victory of which all of us can be proud.
Your membership dues were vital to the success of the BFOA outcome. Without the support of its member’s, the WSOA would not have been able to provide support to the BFOA. Clearly, the outcome of this case is just one of the values of your WSOA membership.
Advocacy: The WSOA started a member advocacy account in 2008. Ten percent of your yearly membership dues have been designated to this account. We are prepared to protect the profession of orthopedic surgery in the future as needed.
The WSOA also is your voice in the state legislation and regulatory affairs. We proactively protect your practice in Olympia by monitoring all health-related legislation and regulation which could affect orthopaedics in Washington State.
Education: Your yearly WSOA membership also provides you with a complimentary registration to the annual meeting. This CME physician program provides Grand Rounds on Friday evening, with a full day of CME activity on Saturday. A Friday evening networking reception, and breakfast and lunch on Saturday, are also provided. Be sure to RSVP for this year’s Nov. 19-20 annual meeting at the Hyatt Regency Bellevue.
Newsletter and Website: As a member of the WSOA you receive a monthly electronic newsletter from the WSOA highlighting recent news and events. If you are not, we need your email address. There are also several helpful links on our website at www.wsoa.org.
Again, we thank you for your support. Congratulations to all the members of the Washington State Orthopedic Association for a resounding victory on behalf of the profession of orthopedic surgery!
Sincerely,
John Adkison, MD Chris Kontogianis, MD
WSOA President BFOA Partner, WSOA Director
Columbia Physical Therapy v Benton Franklin-VICTORY
Supreme Court Victory for Orthopaedic Practices
WSOA and orthopaedic surgeons across the State have found themselves on the front lines of one of the most important battles affecting the practice of orthopaedic medicine throughout the country -- the fight to preserve physician employment of physical therapists. In fall 2008, the Supreme Court of Washington decided to hear the case of Columbia Physical Therapy, Inc. v. Benton Franklin Orthopedic Associates, P.L.L.C. et al., in which Columbia Physical Therapy challenged the legality of orthopaedic medical practices employing physical therapists and referring patients to those employee therapists for physical therapy. This was the second case to reach a state supreme court on the issue, which is commonly referred to as physician-owned physical therapy services ("POPTS"). The first case, decided by the Supreme Court of South Carolina in 2006, held that under South Carolina law orthopaedic surgeons could not employ physical therapists in their practices.
The Supreme Court of Washington has now weighed in on the issue. On March 18, 2010, the Supreme Court issued a unanimous decision in favor of Benton Franklin Orthopedic Associates, making clear that it is legal for medical practices to employ physical therapists within their practices and to refer patients to those employee physical therapists. In ruling in favor of Benton Franklin, the Supreme Court rejected each of the arguments that Columbia Physical Therapy had made against physician employment of physical therapists. Specifically, the Court rejected Columbia's argument that POPTS is barred by the corporate practice of medicine doctrine and the Professional Service Corporation Act. The Court also rejected Columbia's claim that Washington's anti-rebate statute bars physicians from referring patients for physical therapy furnished within a medical practice. With respect to Columbia's claim under the anti-rebate statute, the Court also made clear that physician supervision of physical therapists is not required in order to comply with the anti-rebate statute.
This is a tremendous victory not only for the practice of orthopaedic surgery, but for all of medicine, as well as for patients who seek integrated, comprehensive medical care from their doctors. The victory could not have been achieved without the incredible support of WSOA members from across the State, as well as from the broader medical community within Washington and across the entire country. The Washington State Medical Association took the lead in preparing and filing a “state medical association” amicus curiae (friend of the court) brief that the American Medical Association and 18 Washington state medical organizations joined in support of Benton Franklin. The American Association of Orthopaedic Surgeons took the lead in preparing and filing a “national medical association” amicus curiae brief in support of Benton Franklin that was joined by the American College of Surgeons, the American Medical Society for Sports Medicine and the American Urological Association. Special thanks and appreciation is owed to Dr. Kontogianis and the other members of Benton Franklin, who have showed tremendous leadership and courage in defending against Columbia Physical Therapy's lawsuit for the last many years. This is a victory of which all of us can be proud.
HOWARD R. RUBIN
Partner
Katten Muchin Rosenman LLP
2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118
p / (202) 625-3534 f / (202) 339-6057
howard.rubin@kattenlaw.com / www.kattenlaw.com
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