FMA Bulletin

Spring 2011

FMA DAys At the CApitAl

surgeon generAl AppointMent

AnnuAl Meeting

www.FLmedical.org (800)762-0233

insiDe:

tort reForM legislAtion

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Days at the CapitalFMA members enjoyed two days of advocacy and entertainment during our Days at the Capital event, held March 14-15 in Tallahassee. Dozens of physicians came to the state capital to meet elected officials, learn about effective political engagement, and socialize with physician peers. Highlights included an open house and reception at the FMA’s new building, a presentation by grassroots lobbying expert Joel Blackwell, a lunch Q&A with Sen. Alan Hays, a legislative and political forum, and a trip to the state Capitol building to speak with lawmakers one-on-one.

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FMA leaders meet with CMs Chief and uM presidentFMA President Madelyn Butler, M.D., and Secretary Ralph Nobo, M.D., recently met with CMS administrator Donald Berwick, M.D., in Orlando to discuss health care reform and Accountable Care Organizations (ACOs). Drs. Butler and Nobo conveyed their concerns that hospital monopolies have the potential to decimate independent medical practice, and emphasized the need for a level playing field where ACOs are concerned. They also talked about Medicare payment system reform and the flawed sustainable growth rate formula. Also in March, Dr. Butler met in Tallahassee with the University of Miami President Donna Shalala, who served as Secretary of Health and Human Services during the Clinton Administration. During the meeting they discussed tort reform and the need for more residency slots in Florida. Dr. Butler also reaffirmed FMA support for sovereign immunity protection for University of Miami physicians, a top priority of the University of Miami.

highlightsDr. Farmer named Florida surgeon generalThe governor has named past FMA President Frank Farmer, M.D., as Florida Surgeon General and Department of Health Secretary. Dr. Farmer, a retired Air Force colonel and family medicine physician in Ormond Beach, was FMA President from 2000-01. Focusing on the Department’s core mission and functioning within the state’s budget constraints are among his priorities. “When times get tough, as they are now, you have to go back and provide the main mission,” he told the Daytona Beach News-Journal. FMA President Madelyn Butler, M.D., praised Dr. Farmer for his military service to the nation and his contributions to the medical profession. “Dr. Farmer is committed to making Florida a better place to practice medicine, for the patients who receive care and the physicians who provide it.”

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VenDor spotlightMedical Justice

MeMber beneFitsRun by physicians for physicians, Medical Justice, is a membership-based organization that offers proven services and patented, proprietary methods to protect physicians’ most valuable assets: their practice and reputation. The company offers proactive services to deter frivolous medical malpractice lawsuits, prevent Internet defamation, and provide proven strategies for successful counterclaim prosecution. The frequency of frivolous suits is dramatically reduced for its plan members. Medical Justice works as a supplement to conventional professional liability insurance and is an endorsed partner with First Professionals Insurance Company (FPIC).

our organization is membership-based, representing thousands of physicians nationwide. our services, none of which traditional malpractice insurance carriers provide, include:

• Deterrence program: Helps physicians avoid being named in frivolous lawsuits

• early Action program: If a doctor is sued, puts proponents on notice that they are accountable for their testimony

• Counterclaim program ($100,000 barrier): After winning at trial, pursue proponents who provided egregious testimony

• DisAppeAr program: Specific program for those in cash pay, such as plastic surgeons. Provide solutions to avoid having to provide unwarranted refunds, or, if given, provide necessary releases to prevent escalation

• Web Anti-Defamation program: Protects against emerging Internet defamation on “doctor rating sites” while promoting physician’s online reputation

• stAt hotline: Answers general medico-legal questions on any subject

• peer program: Medical Justice members willing to testify as expert witnesses for other members at no charge• Options outside the legal system• Options if you are named in a “shotgun” suit or as a “peripheral” defendant

To learn more about this FMA member benefit program and additional savings for full Medical Justice membership, call Medical Justice at (877) MED-JUST (877-633-5878) and identify yourself as an FMA member. You can also send email to info@medicaljustice.com.

medicaljustice.com

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MeMber beneFits

reneW your MeMbership toDAy!www.FLmedical.org (800)762-0233

A liFeline For your prACtiCe

“thank you! this (license renewal reminder) is an incredibly valuable service for FMA members.”

FMA member Cynthia White, M.D.

“the FMA has dedicated billing/coding professionals who are there

to help us be more efficient and to ensure that we get paid appropriately. they are always available and answer tough questions very quickly.” FMA member Daniel Kantor, M.D.

“i received notification that our peCos applications were ApproVeD! My husband asked me who helped the most, and i must say it was your constant attention that was the most helpful. i appreciate all your help. you were wonderful.”Leslie Balis, wife of FMA member Gene Balis, M.D.

When you join the FMA, you gain the support of our in-house experts who help busy physicians every day with billing, coding, and licensure issues.

Let the FMA help YOUR practice thrive. To learn more about these members-only benefits, visit www.flmedical.org, or call (800) 762-0233.

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legislAtiVeCelebrate Medicine with the FMA

upCoMing eVents

Mark your calendars for the 2011 FMA Annual Meeting, which will be held July 29-31 at Disney’s Contemporary Resort in Orlando. Come join your colleagues for a weekend of networking, CME, informative sessions with nationally recognized speakers, and family fun. To make your hotel reservation and to find more information, please visit:

www.celebratemedicine.com

Download the Florida Medical Magazine App to view the FMA bulletin and the Florida Medical Magazine on your ipad and iphone. search for “Florida Medical Magazine” in your App store today!

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legislAtiVeupCoMing eVentsFMA Fighting for tort reformthis legislAtiVe session, the FloriDA MeDiCAl AssoCiAtion is MAking A MAJor push For MeAningFul MeDiCAl liAbility reForM in our stAte. iMproVing the stAte’s liAbility CliMAte is essentiAl to AttrACt physiCiAns to FloriDA AnD ensure pAtients’ ACCess to CAre. the FMA is supporting hb 479 AnD sb 1590 beCAuse:

• Expert witnesses who come from out-of-state to testify against a Florida doctor in a malpractice suit would be required to obtain a certificate from the Florida Board of Medicine prior to giving testimony. This provides accountability.

• Current law prevents a physician defending against a malpractice lawsuit from talking to any of the other doctors who have treated the patient who brought suit. However, the patient can talk to all of the physicians at any time, which is unfair. HB 479 would give doctors the same access.

• Doctors shouldn’t have to practice defensive medicine, which is expensive, to protect themselves from liability. The bill would make it so that if a plaintiff sues because a test was not ordered, he or she would have to prove that the failure to order the test breached the standard of care with clear and convincing evidence, rather than just showing that the doctor was more likely than not negligent.

• The bill will empower physicians who have been sued. Right now, a doctor has no voice at all in settlement determinations, and a judgment or settlement can have a major effect on a doctor’s career. This legislation puts the doctor in control of any settlement decision. Please visit the FMA’s DoctorsFortortreform.com site to find resources, information, and opportunities to share your stories about how Florida’s medical liability system has affected you. You can also sign our petition and make a donation to this important effort on your behalf.

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