Archive for September, 2016

Open Enrollment for PIPA is Oct. 1-31

Open Enrollment for PIPA is Oct. 1-31

The Physicians Insurance Plan of Alabama through Blue Cross Blue Shield is available for qualified members of the Medical Association providing you, your family and staff with strong benefits at affordable premiums as compared to other options. Let our dedicated staff provide you with one-on-one personal assistance with all your Blue Cross and Blue Shield of Alabama policy needs.

“We’ve all seen the media reports of as much as a 40 percent increases in premiums through the federal insurance exchanges,” said Association Executive Director Mark Jackson. “However 2017 PIPA rates for health and dental coverage will have only a minimum increase with no change in benefits. Your membership dues alone could save you thousands in insurance premiums and out-of-pocket expenses.”

Qualified members may sign up for insurance when full Regular Member dues are paid. The PIPA plan does not require that all participants in your office be on the same plan.

Jackson added that working closely with Blue Cross and Blue Shield of Alabama kept PIPA premiums at a minimum increase across all benefit plans. The 2017 rates are now available online at www.alamedical.org/insurance.

Not all participants in a practice be enrolled in the same plan/option. There will be no change in benefits, and there will be no increase in co-pays, deductibles or out of pocket expenses. There are also no benefit changes with our dental plan. The Medical Association continues to provide a strong and rich medical and dental plan for its membership.

If you are currently enrolled in the PIPA insurance program, you do not need to re-apply for 2017. If you or your employees wish to make changes to your current plan, please do so before Oct. 31, 2016, (the last day of Open Enrollment). Changes made during Open Enrollment will take effect Jan. 1, 2017. You should receive your First Quarter 2017 premium invoice by the first week of December. Please contact Brenda Green with questions at (334) 954-2514 or toll free at (800) 239-6272.

Posted in: PIPA

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Primary Care Cut Restored; Physicians Must Re-Attest to Qualify

Primary Care Cut Restored; Physicians Must Re-Attest to Qualify

In a press conference Thursday, Sept. 22, Gov. Robert Bentley and Alabama Medicaid Commissioner Stephanie Azar announced that the primary care cut, which became effective Aug. 1, will be restored on Oct. 1. However, Medicaid-enrolled primary care physicians who qualify for the Primary Care Enhanced Physicians Rates must self-attest in order to continue to receive the payments. No dates have been set by Medicaid for the attestation process. Medicaid will be sending a notice out to providers shortly on how to re-attest.

To qualify for the reinstated bump beginning Oct. 1, physicians will need to re-attest and meet one of the following requirements:

  1. A physician must have a specialty or subspecialty designation in family medicine, general internal medicine, or pediatrics that is recognized by the American Board of Medical Specialties (ABMS), the American Board of Physician Specialties (ABPS), or the American Osteopathic Association (AOA), and they actually practice in their specialty.
  2. A NON-board certified physician who practices in the field of family medicine, general internal medicine, or pediatrics or a subspecialty under one of these specialties, is eligible if he/she can attest that 60 percent of their paid Medicaid procedures billed are for certain specified procedure codes for evaluation and management (E&M) services and certain Vaccines for Children (VFC) vaccine administration codes.

Alabama Medicaid: Primary Care Enhanced Physician Rates “Bump” Certification and Attestation Form

*Note: Practitioners (physician assistants or certified registered nurse practitioners) providing services under the personal supervision of eligible physicians may qualify.

When the cuts originally took effect on Aug. 1, they amounted to 30 to 40 percent of medical practice revenue, according to Executive Director Mark Jackson.

“Regardless of what kind of business you’re in, if you’re seeing cuts of 30 and 40 percent, it’s going to make a major impact on your bottom line,” Jackson said.

The restoration of the bump will also allow the state to continue to implement RCOs. This renewed funding should put the rollout of the RCOs on track by next July, according to Azar.

Posted in: Medicaid

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Rammer Jammer Yellow Hammer!

Rammer Jammer Yellow Hammer!

TUSCALOOSA – Jimmy Robinson, M.D., was the first Primary Care sports medicine-trained physician in the State of Alabama. One could say he’s seen a thing or two over the years.

Originally from New Orleans and a graduate of LSU, when Dr. Robinson first came to The University of Alabama, he faced a tough crowd but quickly found a new home.

“I came to The University of Alabama on a rotation as a medical student and realized just how strong the family medicine program was here. I knew right then this was where I wanted to come. It was an ideal family practice program. It had a little bit of everything I wanted from pediatrics to surgery…just everything. There were students from all over the country here for the same reason I was, and we all took advantage of that. We learned from each other. The things we can learn from each other, from other programs and places, is really amazing and should never be discounted,” Dr. Robinson said.

Dr. Robinson said he feels he was truly in on the infancy of sports medicine as a growing field as his work with the Crimson Tide continued in those early days. During his second year of his residency, he chose the one elective that changed the course of his career.

“There was one elective in sports medicine under Dr. Bill deShazo, who our sports medicine clinic is now named for here on campus. Before Dr. deShazo started with the Family Practice program he was with Student Health where he started taking care of the teams under Coach Bear Bryant. I spent a whole month on this sports medicine rotation without hardly ever seeing Dr. deShazo!” Dr. Robinson laughed. “Instead, I did everything the athletic trainers needed me to do. Every day during August practice, doing everything I could. Wrapping sprains, doing x-rays, whatever was needed, I did it. There were no other residents who wanted to do sports medicine, so when my rotation was up, I just kept going back, still doing whatever was needed, even if it was just evaluating a player who had a cold. I was happy with that.”

Eventually, the time came when Dr. Robinson decided to further his training in Sports Medicine by doing a Fellowship in Primary Care Sports Medicine. It wasn’t easy to find a program that would now meet the medical standards set at the Capstone. When he finally found that program, it was at The Cleveland Clinic where he trained with “two of the best sports medicine physicians in the country. We took care of the Cavaliers, Browns, Indians, and the high school football and hockey teams in the area. It was a lot of fun, and I never thought I would be working with hockey players, especially. Working with players that eventually went on to play professionally was very special to me. Keeping them healthy and watching them get to that level gives you a great sense of a job well done on your part as their physician.”

Still, sports medicine was not yet considered a true medical specialty and had a long way to go to get there. But, the best was yet to come.

“When I got the call to come back to Tuscaloosa, I think I accepted in about a nanosecond!” Dr. Robinson laughed. He was heading back to a city and campus he had fallen in love with years ago. He opened his practice in August 1989, and he knew that he had big shoes to fill. All eyes would be on him and his staff to take care of more than 500 student-athletes carrying on the Crimson Tide athletic tradition. But, Dr. Robinson had much more planned for his team.

As the medical director for all the athletic trainers at DCH Regional Medical Center, located just on the edge of the campus, Dr. Robinson and about 14 athletic trainers cover the city and county schools and hold injury clinics on Saturday mornings. Yes…that’s game day morning.

But, when the Tide rolls, everything else fades away.

“You’re so focused on the game and the players that everything just stops,” Dr. Robinson said. “The first thing I teach our Fellows and residents is that you are a physician first and a fan last. So all your decisions and all your actions have to be as a physician first, not as a fan…and that’s regardless whether it’s the first game, a homecoming game, or the National Championship game. It doesn’t matter. You cannot be a fan and take care of these players at the same time. You have to focus on the game, but not to watch the plays. You’re watching for injuries as they happen. There have been many times when an injury happened, and I was on the field before the play was called down. When you’re watching the plays for injuries as they happen, you’ll know if the player has a severe head or spinal injury, and you’ll know more about what to expect when you get to him. When you can see how the player hits the ground, you can anticipate what’s going to happen next. Believe me, I drive my wife crazy because I can’t just watch a game because I’m watching that game to make sure the players are safe.”

It’s easy to say that in Dr. Robinson’s 30-year career in sports medicine, he’s seen some horrible injuries. From fractures, concussions, paralysis, even Tyrone Prothro’s broken ankle in 2005, but nothing compares to the devastation of Wednesday, April 27, 2011. Known as the 2011 Super Outbreak, the Tuscaloosa–Birmingham tornado was a large and violent EF4 multiple-vortex tornado that devastated portions of Tuscaloosa and Birmingham during the late afternoon and early evening hours. The Tuscaloosa–Birmingham tornado was one of the 362 tornadoes that day, which was the largest tornado outbreak in United States history. The tornado reached a maximum path width of 1.5 miles during its track through Tuscaloosa, and attained estimated winds of 190 mph shortly after passing through the city.

Dr. Robinson was there. He was just across the river in Northport and had closed his practice at noon so his staff could get their children out of school. When he got home, his power was out. Because he was across the river from the direct path of the monster twister, he was unaware of the true devastation it caused…until he received a phone call.

“A friend of mine from Birmingham called and said that DCH had a direct hit from the tornado. I got across the river to DCH as fast as I could, but I was coming from the opposite direction from where the real damage was to the city. I couldn’t see just how bad it really was. When I got to DCH, the hospital wasn’t that bad, but the city was in trouble, as we later found out and could see from the news coverage,” Dr. Robinson said. “For a good long time, I was the only physician trained in musculoskeletal medicine working in the ER. We had everything from cuts and scrapes to amputations and surgeries to come through that day. It was a hard day.”

That day, one of the Crimson Tide players, long snapper Carson Tinker, was a patient in the ER, and he kept asking Dr. Robinson to find his girlfriend. Tinker and his girlfriend had huddled together at Tinker’s home during the storm. Dr. Robinson searched the hospital’s triage areas to no avail well into the night. He wasn’t the one that had to tell Tinker that she was one of the storm’s 52 casualties, but he was there for him.

“Of course, I feel a kinship with these players,” Dr. Robinson said. “They’re my patients first, always first, but a friendship develops, too. That’s something special.”

Posted in: Physicians Giving Back

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Dr. John Meigs Named AAFP President

Dr. John Meigs Named AAFP President

Congratulations to Medical Association Board Member John Meigs Jr., M.D., of Centreville, who was recently named President of the American Academy of Family Physicians. The AAFP represents more than 124,000 physicians and medical students nationwide. As President, Dr. Meigs will be an advocate nationwide for family physicians and patients to improve family health care.

Dr. Meigs is an At-Large Member of the Medical Association’s Board of Censors who began his medical career in private practice in Centreville, Alabama, his hometown, and practiced there from 1982 to 2013. In 2013, he merged with another practice to become a part of Bibb Medical Associates, which is housed in a clinic at Bibb Medical Center, a 25-bed rural hospital in Centreville. He also serves as chief of staff at Bibb Medical Center.

A former speaker of the House of Delegates and College of Counselors for the Medical Association of the State of Alabama, Dr. Meigs currently serves as a member of its Board of Censors. In addition, he is a member of the Alabama Board of Medical Examiners and the chair of the State Committee on Public Health. He also serves on the Alabama Family Practice Rural Health Board and the Alabama Board of Medical Scholarships.

Dr. Meigs is a clinical associate professor in the Department of Family and Community Medicine at the University of Alabama, Tuscaloosa, and a clinical professor in the Department of Family Medicine at the University of Alabama School of Medicine, Birmingham. In 2003, he was awarded the University of Alabama School of Medicine Argus Award for Best Attending Physician in Family Medicine. He also serves as adjunct clinical faculty for the Cahaba Family Medicine Residency Program in his home town of Centreville. In 2014, he was inducted into the Alabama Healthcare Hall of Fame.

An active member of his community, Meigs serves on the Board of Directors of Distinguished Young Women of Bibb County, a scholarship program for high school senior girls. He was president of that organization from 1995 to 2015. In 2004, he was named Bibb County Citizen of the Year by the Kiwanis Club of Centreville.

Before being named AAFP president-elect, Dr. Meigs served four years as speaker and three years as vice speaker of the organization’s governing body, the Congress of Delegates. He has been an active member of the Alabama Academy of Family Physicians, serving on its board of directors, including terms as president and chair. Dr. Meigs also was vice president of the Alabama Academy of Family Physicians Foundation, the charitable arm of the organization, from 2003 to 2008. He also serves on the Alabama Family Practice Rural Health Board and the Alabama Board of Medical Scholarship Awards.

Dr. Meigs is a clinical associate professor in the Department of Family and Community Medicine at the University of Alabama and a clinical professor in the Department of Family Medicine at the University of Alabama School of Medicine. In 2003, he was awarded the University of Alabama School of Medicine Argus Award for “Best Attending Physician in Family Medicine.”

He earned his undergraduate degree from the University of Alabama and his medical degree from the University of South Alabama. He completed his family medicine residency at the University of Alabama Birmingham Selma Family Practice Residency Program where he also served as chief resident. Dr. Meigs is board certified by the American Board of Family Medicine and has the AAFP Degree of Fellow.

The Medical Association congratulates Dr. Meigs for continuing to be a strong advocate for medicine in Alabama and on the national stage as a mentor and leader for our country’s physicians.

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MACRA 911: Will MACRA Make Interoperability Better?

MACRA 911: Will MACRA Make Interoperability Better?

In September, CMS Acting Administrator Andy Slavitt in a bold and surprising move announced that physicians will have more options to comply and avoid a negative payment adjustment in 2019. Just a few months ago CMS was considering delaying the implementation of the Medicare Access and CHIP Reauthorization Act, which is set to start Jan. 1, 2017, but instead offered physicians more flexibility to the MACRA program with four options for participation. But, will this additional flexibility to entice more physicians to participate in the Medicare reimbursement program also make interoperability better in the long run?

Now that physicians will have a choice in how they participate in MACRA, the question becomes whether a technology upgrade will be necessary as well. Because MACRA is designed to overhaul how physicians are paid under Medicare, how they will use technology to achieve value-based care will take a valuable role in the coming year. The success of MACRA and a physician’s technology will be based on interoperability, or the ability of two or more systems or components to exchange information and to use the information exchanged. It may sound simple, but is it?

Under the Merit-Based Incentive Payment System (MIPS) portion of MACRA, an eligible physician must allow a single unique patient to view, download or transmit their patient record, within a performance period, or allow them to use an application programming interface (API) to access their record–or a combination of both. However, value-based care cannot be achieved without the interoperable exchange of data and the analysis of the data, to improve care and lower costs.

Although CMS backtracked a little by giving physicians more choices in how they participate in the program, the start date of Jan. 1, 2017, remains the same giving physicians mere months to get tech-ready yet again for another government mandate.

“We’ll be smart if we look at the Quality Payment Program as a framework we can work with that if implemented with care, can begin the process of turning things around towards a more sensible, simpler approach where physicians and other clinicians will feel supported by laws and regulations, the technology vendors, and the infrastructure that surrounds them,” Slavitt said at the 2016 Annual Meeting of the American Medical Association.

“This is why we need to be so committed to a collaborative implementation, increased transparency, and a continual improvement process so that over the next several years we allow feedback on the ground to inform the policies we implement.”

Nevertheless, John Squire, president and chief operating officer of Amazing Charts, a West Warwick, R.I.-based electronic health record software vendor, is less confident in small practices’ ability to succeed under MACRA. Squire, whose company’s provider clients are mainly in the 1 to 10 practice size range, says that most of them aren’t the least bit familiar with MACRA’s rules. He notes how many of them do not have an IT staff, so no one is perusing the latest CMS regulations, meaning they only hear about them over time from physician association groups. “We are focused on educating these practices since they’re simply not ready,” Squire said. “CMS has a long way to go in terms of educating small practices,” he added.

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Alabama Physicians Partner with the AMA to Combat Opioid Epidemic

Alabama Physicians Partner with the AMA to Combat Opioid Epidemic

Pilot Program Designed to Reduce Prescription Opioid Misuse and Heroin Use

MONTGOMERY | Aug. 10, 2016 – The Medical Association of the State of Alabama and the American Medical Association announced today a partnership to develop and distribute a statewide educational toolbox designed to help reverse the state’s opioid epidemic. Alabama and Rhode Island are the first two states partnering in this pilot program with the AMA.

“To bring a halt to this devastating opioid epidemic, physicians must remain committed to leading this fight – to enhancing their education and to using all tools at their disposal to help treat patients with pain and opioid use disorders as well as ensuring comprehensive treatment with non-pharmacologic therapies when appropriate,” said Patrice A. Harris, M.D., the chair of the AMA Board of Trustees and the chair of the AMA’s Task Force to Reduce Opioid Abuse.

In 2013, the Medical Association of the State of Alabama helped pass legislation to reduce prescription drug abuse and diversion. That legislation resulted in Alabama having the largest decrease in the Southeast – the third-largest in the nation regarding the use of the most highly addictive prescription drugs.

“Alabama’s physicians recognize we have a serious prescription drug problem in our state,” said Medical Association President David Herrick, M.D., of Montgomery. “We have made great strides in providing better education on the dangers of prescription drug abuse to our fellow physicians and to our patients through our Smart & Safe drug abuse awareness campaign. But there is much more work to be done. Partnering with the American Medical Association will help us to bring even more awareness as we fight Alabama’s prescription drug abuse epidemic together.”

The pilot program will build a toolbox – available online and in print – that incorporates the best information from the AMA, the Medical Association and Alabama’s health officials. It will be provided to physicians and other health care professionals with key data, valuable resources, and practice-specific recommendations they need to enhance their decision-making when caring for patients suffering from chronic or acute pain and opioid use disorders, as well as for patients needing overdose prevention education.

The toolbox will be released in September, and the Medical Association and the AMA and will work together to distribute it throughout Alabama.

The AMA was awarded funding through the Prescriber Clinical Support System for Opioid Therapies, funded by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) and administered by the American Academy of Addiction Psychiatry.

Posted in: Smart and Safe

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Changing Health Care Delivery: Concierge Model Takes Hold

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Editor’s Note: This article was originally published in the Inaugural Issue of Alabama Medicine magazine

Time. In today’s crazy world, we seem to have so little of it. Who couldn’t use a few more hours to spend with family and friends hanging out on the weekends? Or a few more hours during the day to check off a couple of items on that to-do list?For physicians and patients alike, time is a precious commodity. Patients find it more and more difficult to take time off work when they feel they need their physician, and physicians’ offices are filled to the brim with patients sometimes waiting hours on end due to overbooking issues having caused massive wait times in the waiting room.

For physicians and patients alike, time is a precious commodity. Patients find it more and more difficult to take time off work when they feel they need their physician, and physicians’ offices are filled to the brim with patients sometimes waiting hours on end due to overbooking issues having caused massive wait times in the waiting room.“I felt as though I was falling short as a physician,” said Dr. Mary Casals of Montgomery. “I couldn’t treat the whole patient the way I wanted to, the way I felt my patients deserved to be treated. But, now I can.”

“I felt as though I was falling short as a physician,” said Dr. Mary Casals of Montgomery. “I couldn’t treat the whole patient the way I wanted to, the way I felt my patients deserved to be treated. But, now I can.”

Dr. Casals, who practices internal medicine and endocrinology, found a way to deliver what she believes is better care to her patients and still find time in her day to spend with family. It’s called concierge medicine, or private medicine. While she’s not the first physician in Alabama to change to this business model, she is the first in Montgomery.

According to the American Academy of Private Physicians, concierge medicine has been around for more than 20 years. A concierge physician delivers patients a higher attention of service, which includes same-day or next-day appointments, 24/7 access and comprehensive wellness plans. This type of attention to patient care comes with a fee, either called a membership fee or retainer, set by the physician.

The AAPP estimates the average patient load a primary care physician carries today is between 2,000 and 4,000 patients, about 25 or more patients a day with appointments limited to 15 minutes or less. With this schedule, patients have little time to ask questions and physicians have less time to educate their patients. This can leave very little room for patients and physicians to develop the trust necessary for a strong relationship, and patients often leave feeling frustrated at what little time they had to spend with their doctor.

While concierge physicians were considered an elite service for the upper class in the early years of the model, these days concierge medicine can be an affordable way families can receive health care on their own terms.

“Education is a large part of the doctor-patient process,” Dr. Casals said. “I wear a lot of hats – counselor, physician, teacher. But it takes time to understand what’s going on with my patients and time also to educate my patients on their disorders. I had to make a change. It wasn’t an easy decision because I knew not all of my patients would make the change with me, but I knew it would be for the best for everyone.”

For Dr. Casals, the change from traditional fee-for-service to concierge medicine began with town hall meetings with her patients to explain what the new model would offer. The initiation fee gives her patients full-time access to her by email and cell phone, nights and weekends as well. They can make appointments easier, or she will visit them at home if necessary. Her patients are responsible for filing their insurance paperwork, but her office does have someone to lend a hand with the claims.

“I didn’t realize just how many patients I had been treating until we held the town hall meetings!” Dr. Casals laughed. “There were a lot of patients! We were surprised at how many decided to come on this journey with us. We wanted to make sure it was well worth the change for those patients, too.”

Aside from the name, Dr. Casals said there were many misconceptions with concierge medicine. First, she said, the name harkens back to a time when the practice of this type of medicine was mostly for the upper class. Second, there’s a feeling that if a physician is dropping patients, then patient care is being affected as well.

Dr. Casals and Dr. David Fernandez of Northport agreed neither tale is true.

Dr. Fernandez, who spent the last 15 years of his career in urgent care, not only felt he needed to offer his patients more options, but he also didn’t like the path he saw medicine itself beginning to take. So, he decided it was time for a change.

“I’ve always felt like I needed more time to discuss my patients’ needs and to see them on a more frequent basis,” Dr. Fernandez explained. “And, my patients felt it was an inconvenience to find the time to make an appointment in an already packed schedule. If we’re trying to get patients back to where they’re taking better care of themselves, how do we do that if we as physicians can’t make the time to properly explain each patient’s situation? The medical system is becoming too impersonal.”

As both physicians began to change the way they practiced medicine, it gave them the opportunity to reboot their practice and provide care the way today’s patient needed – including wellness support, education and preventive medicine. In fact, both physicians feel they have added more services to their concierge clients under the private medicine model than they could have under the traditional fee-for-service they left behind.

For patients, the concierge model might fit a family’s budget better than a traditional deductible. For example, if a family has a higher deductible health plan with a lower premium, having a concierge physician may help them save money.

“We are a society of instant gratification,” said Dr. Fernandez. “Back when my father was practicing, it was easier to see a doctor. Times have changed. There’s more paperwork and more patients today. Making the switch to concierge medicine isn’t an easy decision to make, but I think we will see a lot more concierge physicians in the future.”

Article by Lori M. Quiller, APR, director of communications and social media

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Rural Medicine at a Crossroads

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Editor’s Note: This article was originally published in the Fall 2015 issue of Alabama Medicine magazine

Part 1 – Feeling the Physician Shortage Pinch

Living in a small town means everyone knows everyone, a tip of the hat speaks volumes, and the nearest neighbor may be a mile down the road. Physicians in these communities are often called upon for a variety of reasons from treating flu and pneumonia, to setting broken bones, to delivering babies. Oftentimes, today’s rural physician is a jack of all trades.

There are many challenges to living in an area that may only have one grocery store or gas station. But, when it comes to the health of Alabama’s residents, many rural counties are further struggling with access to proper health care. As older physicians retire, they leave behind shoes that are tough to fill as fewer young doctors are willing to practice medicine in rural areas.

With Alabama’s rural health care at a crossroads, where do we go next?

Alabama’s 5 million residents routinely struggle with some form of access to health care. Whether it’s finding a specialist or one in primary care, there simply are not enough physicians in Alabama, especially in rural areas…and the shortage is projected to only get worse.

“Already having a relative shortage of physicians compared to urban areas, the trend, which is more pronounced in rural areas, of an increasing proportion of the population who are elderly, has increased the need for rural physicians,” said John Wheat, M.D., professor of community and rural medicine at the University of Alabama’s College of Community Health Sciences and School of Medicine and director of the Rural Medical Scholars Program at the University of Alabama School of Medicine.

Sixty-two of Alabama’s 67 counties have been designated as whole or partial health professions shortage areas, or HPSAs, in which there are not enough physicians to meet the needs of the population. Eight counties have seen their hospitals close, and others are fighting to keep their doors open.

In addition to an older population as compared to urban areas, Medicaid is the primary source of insurance in these rural areas. One-in-four rural residents is eligible for Medicaid benefits, about 10 percent higher than in urban areas. There are many uninsured Alabamians in rural areas who, despite their lack of insurance, still have health care needs.

The shortage of physicians is compounded by the number of older doctors who will retire in the next few years with relatively few young physicians in the pipeline to take their place. This was one of the main reasons the Medical Association worked to pass the Interstate Medical Licensure Compact earlier this year.

“The Compact will allow board-certified doctors with clean records a much faster path to medical licensure in Alabama,” said Buddy Smith, M.D., president of the Medical Association, and a family physician from Lineville. “We want to be able to recruit and attract quality physicians and have them begin treating patients immediately.”

Part 2 – Life in a Small Town

The waiting rooms were packed with nearly every seat occupied on this day as most days for David Arnold, M.D., and Dale Mitchum, M.D. Dr. Arnold, a family physician, and Dr. Mitchum, a general surgeon, work in Geneva County where the population is around 27,000. Dr. Arnold is one of a handful of family physicians in the county, but Dr. Mitchum is the only general surgeon.

Life here moves at a slower pace, with shopping and dining opportunities limited. The challenges of a rural lifestyle require Drs. Arnold and Mitchum to approach their patients and practices in unique ways.

As a family physician of more than 30 years, there’s not much Dr. Arnold hasn’t seen, so he and his staff make sure there is time in their busy schedule during the day for unexpected events that “pop up,” such as cases of sick children or elderly patients or even broken bones.

“Most of my staff have been with me for at least 15 years. We’ve learned to anticipate each other, so our teamwork is exceptional. We wouldn’t be able to see as many patients as we do if we didn’t work so well together,” Dr. Arnold said.

For Dr. Mitchum as the county’s only surgeon, the physician shortage isn’t unique to Alabama. He also treats patients in nearby Bonifay, Fla., and sees how a shortage of physicians anywhere can strain a community’s health care system. As many physicians that have come from his home county of Geneva, he’s seen them leave for a host of reasons to practice elsewhere. Those who stay tend to do so because of family connections.

“It’s hard work,” Dr. Mitchum said. “If you have a relative who is going into medicine who can look to you as a mentor, they can acclimate to the situation. It’s really a nice place to live, but you have to acclimate to the day-to-day slower style of living. It can be culture shock if you’re not used to it.”

Dr. Mitchum understands firsthand about coming back home to take over the family practice. His father, O.D. Mitchum, M.D., was a long-time family physician in Geneva when his son worked as an orderly in the local hospital. After medical school and residency, he came home to stay and eventually practiced with his father for about 20 years before the elder Mitchum retired.

For Dr. Arnold, it was his intention all along to practice rural medicine. The pull of small-town life and the close relationships that often develop between rural physicians and their patients was enough to bring Dr. Arnold to the City of Geneva.

“Now I’m seeing the children I delivered back in the day that have grown up and have children of their own,” Dr. Arnold said. “In these rural counties, the patients are so spread out. Staying in touch with our patients presents its own challenges. I can’t say that we don’t have our own special challenges.”

It’s those “special challenges” and a shrinking number of physicians dealing with them that makes provision of rural health care so different. This is especially true in primary care, where there are fewer students in medical schools across the country choosing primary care as a focus or willing to practice in areas that are designated health profession shortage areas, or HPSAs.

Another challenge for the rural physician, Dr. Mitchum said, comes when a patient needs a specialist. According to him, rural physicians have to deal with all types of problems out of necessity.

“I’m not saying rural physicians are any better at those jobs than physicians in other places, but we deal with those types of things every day. A family physician in a rural setting requires more expertise than one that might practice in an urban setting because we have to be a little bit of all things at all times and do more with less.”

As Dr. Arnold explained, one of his biggest concerns may be access to care, but that’s just the tip of the iceberg. Geneva County has a hospital that’s connected to a nursing home, and he and Dr. Mitchum see patients at both facilities. In addition to the special challenges rural medicine faces, these physicians also have the same burdens of federal regulations to deal with, such as ICD-10, electronic health records, Meaningful Use, etc.

“After seeing patients all day, the next biggest challenge for me is keeping the chart gods happy,” Dr. Arnold said. “Making sure the charting is complete is a huge part of my time when the software required by government regulations will only do so much. The rest is up to me to make sure what goes into the chart is correct.”

Both Drs. Arnold and Mitchum own their practices, and they bear the burden of financing these federal mandates on their own. While these are certainly not easily absorbed by any practice, solo practitioners have an even more difficult time with such expenses. With the current transition to ICD-10, questions remain about reimbursement, delays in payment, and other mandates yet to come.

All three physicians agreed the outlook for rural medicine could be and needs to be improved. The belief that it’s cheaper to practice in a small town is a misconception, they said.

Steven P. Furr, M.D., former president of the Medical Association, and a family practitioner from Jackson, Ala., agreed the regulatory burdens on rural physicians make it more difficult to sustain a medical practice. In fact, Dr. Furr argues the time physicians take to satisfy these federal regulations from Meaningful Use to maintenance of certification to ICD-10, as well as the quality initiatives by insurance companies, negatively affect patient care by overwhelming the physician and staff.

“All physicians are facing these problems, but in rural areas there’s often the lack of staff and training resources to help them migrate through these minefields,” Dr. Furr said.

Physicians enduring the “normal” challenges of practicing medicine and also the special challenges of providing rural care are tremendous assets to the communities they serve.

Dr. Smith stressed that physicians are uniquely situated to help improve both health and the economy, but for rural communities in particular, attracting and keeping them is key.

“When you realize the economic footprint of just one physician is more than $1 million, that’s huge for a small town,” Dr. Smith said. “If you can attract one or two doctors to a rural area, the health and financial benefits to the surrounding area are tremendous.”

Part 3 – From School to Practice…The Making of a Rural Physician

The shortage of physicians is a national problem, and Alabama’s rural communities are certainly feeling the pinch.

According to Allen Perkins, M.D., MPH, professor and chair, Department of Family Medicine, University of South Alabama, one contributing factor for the physician shortage in Alabama could be that medical schools cannot keep up with the health care needs of the state.

“It is clear the overwhelming majority of the medical students come from the urban counties yet the average age of our rural physicians is over age 55. We have an acute lack of mental health services in rural Alabama and yet not training professionals in rural settings,” Dr. Perkins explained.

While not a cure-all for Alabama’s rural health crisis, more physicians is a good thing, and programs to increase the number of physicians in rural areas like the Rural Medical Scholars Program (RMSP) at the University of Alabama’s College of Community Health Sciences and the Board of Medical Scholarship Awards (BMSA) are part of the solution.

RMSP is a highly selective pre-med and medical education program allowing 10 qualified students annually to take graduate level courses, participate in farm field trips, shadow rural physicians, conduct or assist with health fairs and screenings or other community service projects and attend lectures and workshops pertaining to rural community health topics. RMSP is one of several rural health care pipelines in Alabama working to put family physicians into rural areas.

Of the nearly 200 rural Alabama students that entered the RMSP during the past 20 years, about 70 percent entered family medicine and almost 60 percent went on to practice in a rural area. More than 90 percent of RMSP graduates remain in Alabama, yet not all remain in primary care, Dr. Wheat said, as some have gone on to other medical specialties.

Drs. Wheat and Perkins also agree the need for greater funding of the BMSA is key to not only attracting young medical students to the field but keeping them on track for a career in family medicine in Alabama.

The BMSA began in the 1960s as a state-funded incentive program to increase the supply of family practice, internal medicine, and pediatric physicians, and encourages practice in Alabama’s rural medically underserved communities. Several hundred loans have been awarded since the BMSA was created. Students who receive the loans agree to return to a pre-approved medically, underserved community to practice primary care.

“The scholarship board needs to be fully funded,” Dr. Perkins said. “Support for the scholarships that place physicians in rural communities is necessary here.”

Dr. Wheat said he feels the medical schools do their part to train the students, but the scholarships also go a long way to getting the students into the schools. He said the Medical Association’s work to keep and increase the amount of scholarship money available each year helps students decide to stay and practice in rural Alabama.

“More than 90 percent of the first 30 RMSs who chose rural practice were recipients of this [BMSA] award,” Dr. Wheat said. “We see this playing out to the benefit of communities. With a bit more effort on the parts of each of our partners, even the most persistently underserved rural areas of the state will see positive results.”

Family physician Terry James, M.D., said the RMS program was invaluable to him. “I might have had to make different arrangements early on in my career,” Dr. James said. “If not for the RMS, I don’t know if we would be addressing the health care shortage in rural areas at all. I think it goes a long way to fill that void.”

Outside of the state’s two allopathic schools – The University of Alabama School of Medicine and The University of South Alabama College of Medicine – the state has two new osteopathic schools, the Alabama College of Osteopathic Medicine (ACOM) in Dothan, and the Edward Via College of Osteopathic Medicine (VCOM) in Auburn.

“For a state the size of Alabama to have four medical schools is a very big deal,” Dr. Smith said. “Graduating more medical students is a piece of the puzzle and we are very glad to have these two new osteopathic schools here in Alabama.”

Osteopathic medicine is fast-growing with the number of D.O.s having increased more than 200 percent in the past 25 years. Estimates indicate there are more than 92,000 D.O.s practicing in the United States and 540 are in Alabama.

ACOM’s first graduating class will be May 2017, and according to Dean and Senior Vice President Craig J. Lenz, D.O., FAODME, expectations are high for these third-year students who are just now finishing their clinical experiences. According to Dr. Lenz, the real test will be to see how many ACOM graduates come back to their rural beginnings.

“Dothan may not seem like a rural area, but from a medical care point of view, we are. It’s primary care; it’s family medicine; it’s general internal medicine…those are the defined specialties where the need here is the greatest,” Dr. Lenz said.

VCOM-Auburn is also getting its footing and hopes are equally high for the school’s first crop of students. VCOM is a private college that is part of the Edward Via College of Osteopathic Medicine system of campuses across the South.

Gary Hill, D.O., VCOM-Auburn’s Associate Dean for Clinical Affairs, believes more D.O.s entering rural medicine can help solve Alabama’s physician shortage.

“Much misconception about osteopathic medicine is a result of lack of exposure to the osteopathic profession and physicians,” Dr. Hill said. “Many of the old arguments have vanished as osteopathic physicians now have complete practice rights in every state and are fully recognized and accepted in the U.S. armed forces.”

Dr. Mitchum said while the need for more physicians in rural areas is immediate, the solutions may take more time.

“We have a real need here,” Dr. Mitchum said. “More funding for scholarships and gearing residency programs for rural health care should be a priority. We require more expertise than one that might practice in an urban setting because we have to be a little bit of all things at all times. To do that properly, young physicians need extra training, which means we need better funding for scholarships and opportunities. That begins in the schools.”

Part 4 – Rural Medicine…Medical Association Seeks Solutions

Not just sustaining rural medicine in Alabama but actually moving it forward will require the support and buy-in of multiple entities, including the state’s medical schools, state lawmakers and even the communities where the need for medical care is greatest. Training and residency programs must encourage and prepare those willing to serve rural patients to do so, and state-sponsored scholarship programs that help defray the expense of a medical education are a significant part of that. But there’s another very big piece to the rural medical puzzle.

In many counties lacking significant industry or large employers, Medicaid is the most common form of insurance. As Medicaid reimbursements barely cover or don’t at all cover the cost of providing that care, rural practices’ ability to keep their doors open seems under constant threat. just sustaining rural medicine in Alabama but actually moving it forward will require the support and buy-in of multiple entities, including the state’s medical schools, state lawmakers and even the communities where the need for medical care is greatest. Training and residency programs must encourage and prepare those willing to serve rural patients to do so, and state-sponsored scholarship programs that help defray the expense of a medical education are a significant part of that. But there’s another very big piece to the rural medical puzzle.

Alabama has historically offered some of the most meager benefits yet highest qualification thresholds in the nation for its Medicaid program. This leaves many individuals who would otherwise qualify for Medicaid in another state unable to under Alabama’s plan, driving up the rate of uninsured residents, estimated to be close to 750,000 people statewide. But lack of insurance doesn’t stop many rural physicians like Dr. Mitchum from treating a patient even though he must absorb the cost of that treatment entirely, further burdening his practice.

“Every time I hear where we have people without health care, I cringe,” he said. “We do a lot of charity care because we don’t turn away someone in need.”

With higher numbers of uninsured and Medicaid patients in rural areas and with practice visits increasing, Dr. Smith said as far as the Medical Association is concerned, two things the Governor and Legislature could do to improve the outlook for rural medicine are increasing all physicians’ Medicaid payments to Medicare levels and providing Medicaid coverage to the working poor.

“Raising payments rates for Medicaid will cost the state some funds in the short term but should save considerably more over the long term as the anticipated increased access to medical care allows patients’ health to be better managed,” Dr. Smith said. “Untold Medicaid dollars could be saved by preventing costly hospitalizations and long-term care stays whenever possible, in fact that is one of the chief goals of Alabama’s fledgling Regional Care Organization program. The RCOs need enough doctors of all specialties participating so the frequency of those types of costly stays can be mitigated.”

Dr. Smith said the sooner state officials act to address the issue of insurance coverage for the working poor the better.

“Without health insurance, not only are some of these individuals who would qualify for Medicaid suffering but the cost of care provided is borne by the entire health care community,” Dr. Smith said. “It is my hope the Governor and Legislature would work swiftly to tackle this issue.”

While additional funding for scholarships and training, recruiting and attracting more physicians willing to locate in rural areas can go a long way, these alone cannot solve Alabama’s rural health challenges. Dr. Furr said he still believes other incentives are needed to retain physicians in rural areas.

“Whether that is debt service, some type of reduction in income taxes, not just for those who initially come out to practice, but also for those who continue to stay, or perhaps some kind of protection against medical liability for those who practice in underserved areas,” he said.

Delivery of rural medicine is about the ensuring the viability of the people who make up rural communities, Dr. Smith says, mentioning that large employers and economic developers often review an area’s education and health care systems in determining where to next locate a project.

The physicians who call these communities home are vital to rural Alabama’s future, he believes.

“Rural medicine is indeed at a crossroads, but rural communities themselves are as well,” Dr. Smith said.

“What happens in the next several years will determine the fate of ‘country doctors’ and – I think you can say – their patients, too. It’s my sincere hope that we’ll look back in a decade and see the present as just another mile marker, not the end of the road.”

Article by Lori M. Quiller, APR, director of communications and social media

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Between Doctors & Patients…Technology in the Treatment Room

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Editor’s Note: This article was originally published in the Spring 2016 issue of Alabama Medicine magazine

Love them or hate them, electronic records are here to stay.

Electronic health records, or EHRs, are an evolution of the electronic medical records, or EMRs, that some medical practices use internally. EMRs are a digital version of the paper charts containing the medical and treatment history of the patients in one medical practice. EMRs have advantages over paper records in that they allow physicians to track patient data over time, identify which patients are due for preventive screenings and check ups, and monitor overall quality of care within the practice.

EMRs, however, are not built to travel easily outside the medical practice should the physician need to send the patient to another physician. This is where EHRs are intended to pick up and be more effective. EHRs are built to share patient information between medical practices, laboratories, hospitals and other health facilities. Should your patient be seen in the emergency room, EHRs are supposed to allow you to view those charts and results, including all the physician’s notes, labs and any films.

That’s how the system is supposed to operate. While the EHR systems work well for some, mostly larger practices and specialty physicians, they cause more problems than they solve for others, particularly smaller practices and family care physicians.

The surgeons with Alabama Orthopaedic Specialists, PA, in Montgomery, began looking for a solution to their charting issues in 2006, long before federal regulations started to trickle down concerning electronic records. Finding the best solution for the practice didn’t happen
overnight. It was a process, according to practice manager Ron O’Neal.“It took a little while for us to discover exactly what this would mean to the practice…the good and the bad…and it needed to be something everyone was on board with,” O’Neal explained. “It took time for us to come up with a checklist of everything we wanted and needed our EHR to do. It was important we found a system that would work for our practice instead of our practice working for that system, so we took our time.”

“It took a little while for us to discover exactly what this would mean to the practice…the good and the bad…and it needed to be something everyone was on board with,” O’Neal explained. “It took time for us to come up with a checklist of everything we wanted and needed our EHR to do. It was important we found a system that would work for our practice instead of our practice working for that system, so we took our time.”

Michael Davis, M.D., a surgeon with Alabama Orthopaedic Specialists, helped lead the search to find the perfect EHR for the group and agreed with O’Neal that while the search for the best system may have seemed long, it was for a good reason.“Historically we had paper charts. So, when a patient would be seen by one of our physicians yesterday and referred to me today didn’t really have any idea why they were seeing me and would expect me to know why they were here. It would take time for me to collect the paper chart, if everything was there, and sometimes re-interview the patient. That took a lot of time. If you don’t have to filter through all those notes to get to the bottom of the problem when someone else already has, you save a lot of time. You’re not duplicating tests and x-rays, and patients aren’t exposed to more tests or irradiated more than once just because you can’t get your hands on those results,” Dr. Davis said.

“Historically we had paper charts. So, when a patient would be seen by one of our physicians yesterday and referred to me today didn’t really have any idea why they were seeing me and would expect me to know why they were here. It would take time for me to collect the paper chart, if everything was there, and sometimes re-interview the patient. That took a lot of time. If you don’t have to filter through all those notes to get to the bottom of the problem when someone else already has, you save a lot of time. You’re not duplicating tests and x-rays, and patients aren’t exposed to more tests or irradiated more than once just because you can’t get your hands on those results,” Dr. Davis said.For Dr. Davis, having the EHR in hand can make explaining a complicated procedure a bit smoother when the tool can be used to illustrate the nuances of a surgical procedure by showing the patient his or her x-rays, MRIs, and other test results. But, the EHR is just that…a tool, which Dr. Davis is quite mindful of making sure doesn’t become an intrusive object in the treatment room.

For Dr. Davis, having the EHR in hand can make explaining a complicated procedure a bit smoother when the tool can be used to illustrate the nuances of a surgical procedure by showing the patient his or her x-rays, MRIs, and other test results. But, the EHR is just that…a tool, which Dr. Davis is quite mindful of making sure doesn’t become an intrusive object in the treatment room.

Yet, Dr. Davis and O’Neal agreed EHRs work better for specialties than with family practices when considering the diagnostic possibilities family physicians face with their patients. What’s streamlined in a specialty is often wide ranging in family practice.

Maarten Wybenga, M.D., a family physician in Prattville, hasn’t made the switch from paper charts to EHRs and doesn’t have any plans to in the immediate future. For Dr. Wybenga, e-prescribing and electronic billing are sufficient to keep the federal mandates at bay.

“I’m always going to be ‘pro-the-patient.’ I never jump on the bandwagon when something new comes out. I want to read the research, see how it works first before I start using it with my patients. It’s the same with technology in the medical office,” Dr. Wybenga said. “I’ve wanted to stand back and watch it a little rather than jump right in. When things started getting interesting with electronic records, we talked about it. Should we do this, or should we wait and see what’s going to happen? Should we give it a year or two? As we watched the technology arena grow and grow, the software companies exploded. There were just too many offering too much. We keep watching, but I’m just not satisfied, and I haven’t made that decision. To this day, we’re still on handwritten medical records.”

According to Amy Wybenga, Dr. Wybenga’s practice manager and immediate past president of the Alliance to the Medical Association of the State of Alabama, the number of reasons against using EHRs in the practice simply outweighed the positive outcomes.“No one could give us a good, sound reason of what benefit it would be to us or our patients if we changed over. For our practice, the negative reasons definitely outweigh the positive reasons,” Wybenga said. “We would have to cut down on the number of patients we could serve for at least a year because it could take up to that long for us to switch everything over, and it would slow us down too much. Being a family practice in a rural area, there’s just no way we can cut back on the number of patients we see. Those patients have to be seen. Why would we go to a system that would slow us down even more, something that we can’t share with anybody, would still have to print off information to fax or email to other doctors because it won’t communicate with other systems…where’s the benefit?”

“No one could give us a good, sound reason of what benefit it would be to us or our patients if we changed over. For our practice, the negative reasons definitely outweigh the positive reasons,” Wybenga said. “We would have to cut down on the number of patients we could serve for at least a year because it could take up to that long for us to switch everything over, and it would slow us down too much. Being a family practice in a rural area, there’s just no way we can cut back on the number of patients we see. Those patients have to be seen. Why would we go to a system that would slow us down even more, something that we can’t share with anybody, would still have to print off information to fax or email to other doctors because it won’t communicate with other systems…where’s the benefit?”

For one gastroenterologist who just started a new practice in January using paper charts, Bradley Rice, M.D., of Huntsville, who is also a member of the Association’s Board of Censors, is working to make the transition to EHRs a seamless one for his staff and patients. “I actually try to use the computer a small amount of time while in the room with a patient. I talk with the patient and take notes on a sheet I have designed,” Dr. Rice noted. “I prefer to speak with the patient instead of talking to them while looking at a computer, so I wait until the end of the appointment to then work on the computer, then escort them up to the check-out area. My goal is to make sure the patient feels comfortable and understands that I am there to meet with them instead of focusing on the computer in the room.”

“I actually try to use the computer a small amount of time while in the room with a patient. I talk with the patient and take notes on a sheet I have designed,” Dr. Rice noted. “I prefer to speak with the patient instead of talking to them while looking at a computer, so I wait until the end of the appointment to then work on the computer, then escort them up to the check-out area. My goal is to make sure the patient feels comfortable and understands that I am there to meet with them instead of focusing on the computer in the room.”

Dr. Rice and his staff have seen both sides of the EHR coin and agree with Dr. Davis and O’Neal that the initial setup of a system can be difficult and costly. It takes time to scan and input data into a new system, but once the system is online, it can help with documentation and accountability.

Interoperability was one of the initial selling points for EHRs from the Office of the National Coordinator for Health Information Technology. Fully functioning EHRs are designed to “talk” to other systems. However, many physicians are finding this may not be the case, and after years of voicing complaints through their medical societies and associations, their concerns seem to be getting through.

Department of Health and Human Services Secretary Sylvia Burwell recently announced the nation’s top five health care systems and companies, which provide EHRs covering more than 90 percent of hospital patients, have agreed to principles designed to improve patient access to health data and eliminate the practice of data blocking. These groups have also agreed to adopt federally recognized, national interoperability standards by 2018.

To unlock the data and make it useful to physicians, the companies have agreed to:

  • Implement application programming interface (API) technology so smartphone and tablet apps can be created, facilitating patient use and transfer of health care data.
  • Work so physicians can share health data with patients and other physicians whenever permitted by law, while not blocking such sharing either intentionally or unintentionally.
  • Use the federally recognized Fast Healthcare Interoperability Resources data standard.

In late 2015, the Medical Association led a coalition of nearly 40 Alabama specialty and county medical societies in asking to the Alabama Congressional Delegation to support the Patient Access and Medicare Protection Act, which granted the Centers for Medicare & Medicaid Services the authority to expedite applications for hardship exemptions from Meaningful Use Stage 2 requirements for the 2015 calendar year. President Obama signed the bill. Because CMS didn’t publish the MU Stage 2 final rule until Oct. 16, physicians weren’t informed of the requirement until fewer than the 90 required days remained in the calendar year, leaving most in a penalty-assured lurch. CMS extended the deadline for physicians to apply for MU hardship exemptions to EHR incentive program. The new deadline is now July 1, 2016. The extension is being granted “so providers have sufficient time to submit their applications to avoid adjustments to their Medicare payments in 2017.” The new application forms and instructions to file a hardship exemption are on the CMS website.

Because CMS didn’t publish the MU Stage 2 final rule until Oct. 16, physicians weren’t informed of the requirement until fewer than the 90 required days remained in the calendar year, leaving most in a penalty-assured lurch. CMS extended the deadline for physicians to apply for MU hardship exemptions to EHR incentive program. The new deadline is now July 1, 2016. The extension is being granted “so providers have sufficient time to submit their applications to avoid adjustments to their Medicare payments in 2017.” The new application forms and instructions to file a hardship exemption are on the CMS website.

For physicians contemplating switching from paper charts to EHRs, Dr. Rice and his office staff offer these tips:

  1. Always remember, “Treat the patient, not the computer”
  2. Think about the big picture in terms of technology and how the flow and setup will affect the office. For example, how many screens, what type of computers, scanners, etc., should I choose? Who will be using these computers? Laptops vs. desktop computers in treatment rooms? A personal analysis needs to be conducted of what type of layout/format fits your practice.
  3. Choose a good program that has excellent technology support. Make sure to choose the correct computers and equipment necessary for the EHR program that is chosen for your practice.

Article by Lori M. Quiller, APR, director of communications and social media

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So, How Do I Comply with HIPAA?

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Editor’s Note: This article was originally published in the 2016 Spring Issue of Alabama Medicine magazine

A physician client recently asked me a seemingly simple, straightforward question: “So, how do I comply with HIPAA?” The answer, unfortunately, is not as simple and straightforward as the question.

HIPAA (i.e., the Health Insurance Portability and Accountability Act) and its various regulations include numerous, often confusing requirements, and little in the way of practical guidance. With this in mind, this article provides the author’s attempt to give, in simple terms, an overview of HIPAA’s requirements, and a short list of practical steps physician practices may take to establish a baseline of compliance.

Overview

In the most simple terms, to comply with HIPAA, a physician practice needs to address and satisfy the obligations of a “covered entity” under the regulations set forth in the HIPAA security regulations, 45 CFR § 164.300 et seq. (the “Security Rule”); the HIPAA breach notification regulations, 45 CFR § 164.400 et seq. (the “Breach Notification Rule”); and the HIPAA privacy regulations, 45 CFR § 164.500 et seq. (the “Privacy Rule”), in respect to “protected health information” (“PHI”) received and maintained by the practice on behalf of its patients. HIPAA compliance has garnered significant attention recently, due to increasing public awareness in regard to data breaches and privacy and information security matters, generally, as well as increased enforcement efforts by the U.S. Department of Health and Human Services Office of Civil Rights (“HHS,” and “OCR”)1 and other government agencies,2 not to mention the looming specter of potential class action and other litigation involving affected patients.3 In addition, OCR recently commenced a new, expanded HIPAA audit program that will select physician practices and other HIPAA-covered entities and business associates for random compliance audits.4

Privacy Rule

To comply with the Privacy Rule, a physician practice must not access, use or disclose PHI, in paper or electronic form, other than as required or permitted by the Rule. For example, the Privacy Rule requires that a physician practice not disclose a patient’s PHI to a third party without an appropriate written authorization from the patient, except in certain circumstances, such as in connection with the patient’s treatment, or payment for such treatment, or the practice’s health care operations. The Privacy Rule also specifies that, in general, even if a particular disclosure is required or permitted, the practice must ensure that the disclosure is limited to the minimum necessary information. In addition to these foundational issues, the Privacy Rule requires that physician practices take certain administrative steps to facilitate compliance, including identifying a privacy officer, implementing written policies and procedures to formalize privacy practices, and entering into business associate agreements (that include specific provisions outlined in the Rule) with vendors and other third parties that create, receive, transmit or maintain PHI on behalf of the practice (“business associates,” in HIPAA terms). Physician practices must also regularly evaluate and update their privacy policies and practices, provide regular privacy training to their workforce members, and impose appropriate sanctions when workforce members fail to comply with established privacy practices.

Security Rule

Under the Security Rule, physician practices must implement reasonable and appropriate administrative, physical and technical safeguards to protect electronic PHI (“ePHI”). Technical safeguards include, for example, encryption, access controls, audit logs, authentication controls, and other safeguards directed toward securing ePHI. Physical safeguards include locking doors, screening computers, and other safeguards to protect access to workstations and other physical facilities where workforce members access ePHI and protocols to safeguard ePHI during disposal. Administrative safeguards include security risk analysis (discussed further below) and risk management plans, contingency/disaster recovery plans, and security incident reporting procedures, as well as written policies and procedures addressing security practices, regular evaluation of security safeguards, and workforce training and sanctions, similar to the Privacy Rule.

Breach Notification Rule

The Breach Notification Rule requires that, in the event a physician practice discovers an unauthorized access, use or disclosure of unsecured PHI (for example, a breach of unencrypted ePHI), in paper or electronic form, the practice must notify each patient affected by the breach, as well as OCR,5 unless the practice can demonstrate, based on a risk assessment conducted in accordance with the Rule,6 that there is not more than a low probability that PHI was compromised. Like the Privacy Rule and the Security Rule, the Breach Notification Rule also requires physician practices implement written policies and procedures to document their breach notification responsibilities and practices, train workforce members regarding their responsibilities in the event of a breach, and hold workforce members accountable for non-compliance.

Practical Steps

In view of the various rules and requirements discussed above, physician practices may take the following steps toward establishing a baseline of compliance with HIPAA.

Perform a security risk analysis in compliance with the Security Rule. It is essential that every physician practice perform (and regularly update, as appropriate) a security risk analysis, in compliance with the Security Rule, as noted above. Done properly, the security risk analysis highlights specific risks and vulnerabilities in the practice’s security practices and recommends specific steps to address them – thereby providing a road map, of sorts, to compliance with the Security Rule. From an enforcement standpoint, OCR has repeatedly zeroed in on covered entities that fail to perform an appropriate risk analysis. As a practical matter, most physician practices utilize third-party consultants, with appropriate information technology expertise and resources, to conduct the risk analysis. In any case, the risk analysis should be coordinated through legal counsel to, among other things, ensure applicable HIPAA requirements are addressed and preserve attorney-client privilege, to the extent possible, as to communications with the consultant (i.e., in regard to security risks and vulnerabilities identified in the analysis). Physician practices should be sure, also, to routinely update their risk analysis, to ensure that new and evolving legal requirements and risks are timely addressed.

Implement appropriate written policies and procedures for compliance with the Privacy Rule, Security Rule and Breach Notification Rule. It is also essential that every physician practice implemented, written policies and procedures to facilitate compliance with the Privacy Rule, the Security Rule and the Breach Notification Rule. “Template” policies and procedures may be obtained from various sources, and may be sufficient for compliance, at least temporarily; ultimately, however, practices should tailor their policies and procedures to their particular circumstances – including, for example, the specific risks and vulnerabilities identified, from time to time, in the practice’s (ongoing) security risk analysis, as well as the practice’s history and experience with (actual) privacy, security and breach matters. As noted above, it is also critical that the practice regularly review and update its policies procedures to ensure compliance with applicable laws and regulations, and to take into account, again, any recent privacy, security or breach related matters at the practice.

Address encryption. Technically, encryption is not required to comply with the Security Rule. Like risk analysis, however, encryption (specifically, lack of encryption) is a favorite target of OCR, in its enforcement efforts, especially in regard to (unencrypted) mobile devices, such as laptops and tablet computers, smartphones, and the like.7 Moreover, encrypted ePHI (i.e., “secure” ePHI)8 is not subject to the Breach Notification Rule; that is, even if the information is somehow breached, the practice need not notify patients or OCR regarding the incident.

Vet vendors and vendor contracts. Physician practices should routinely vet any vendors (i.e., business associates) that have access to PHI, in paper or electronic form, to ensure the vendor has appropriate safeguards in place, similar to those required of the practice. In addition, as noted above, physician practices should ensure that they have written, HIPAA compliant, business associate agreements in place with such vendors. Practices should also confirm that business associate agreements and/or related vendor service contracts include adequate protections (in the form of indemnification, and other remedies) for the practice, in the event of a data breach or similar incident. Moreover, due to the significant risk
management and legal implications now associated with ePHI, practices are advised to coordinate review of their vendor arrangements and contracts with appropriate legal counsel.

Implement appropriate back-up and contingency plans. The Security Rule requires that physician practices have in place secure procedures for backing up PHI and safeguards to protect PHI and to recover lost PHI, in the event of a natural disaster or other, similar contingency. Some practices utilize their own servers or resources to back up data; others utilize “cloud” or similar third-party services. As a practical matter, similar to risk analysis, contingency plans are often developed and implemented in coordination with a third-party consultant with appropriate expertise.

Confirm appropriate insurance coverage is in place. Many insurance carriers now offer some form of “cyber” insurance coverage to protect against losses related to data breaches and other information security matters. Cyber insurance typically addresses the insured’s overall information technology security practices; it may or may not address specific HIPAA compliance issues. In lieu of (or in addition to) cyber coverage, physician practices may look to other insurance (directors and officers, errors and omissions, professional liability, general liability, etc.) for coverage. In any case, particularly in view of the significant enforcement and litigation risks now associated with HIPAA and related privacy and security matters, physician practices must be sure they have adequate insurance coverage in place in the event of a data breach or similar privacy or security incident – and, in the event coverage is available from multiple sources, that they understand the interplay between the various policies.

Sources

  1. OCR enforcement efforts include a number of high dollar settlements (known as “resolution agreements”) entered into between OCR and HIPAA covered entities, including physician practices. For additional information pertaining to OCR resolution agreements and other enforcement efforts, please see the HHS website, at http://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/index.html. (To view OCR resolution agreements involving physician practices, visit the above link, and select “Private Practices.”)
  2. Besides OCR, data breaches (whether or not HIPAA is implicated) may trigger enforcement efforts by state attorneys general, the Federal Trade Commission and other state or federal agencies.
  3. See, e.g., Class Action Lawsuit for Flowers Hospital Data Breach Moves to Discovery Phase, HIPAA Journal (Oct. 5. 2015), accessible at http://www.hipaajournal.com/flowers-hospital-class-action-data-breach-lawsuit-moves-to-discovery-8133/ (last visited March 24, 2016).
  4. See OCR Launches Phase 2 of HIPAA Audit Program, available at http://www.hhs.gov/hipaa/forprofessionals/compliance-enforcement/audit/phase2announcement/index.html.
  5. Notification to OCR is delivered using an online portal on the HHS website, accessible at https://ocrportal.hhs.gov/ocr/breach/wizard_breach.jsf?faces-redirect=true.
  6. The Breach Notification Rule includes specific factors the physician practice must take into account in conducting the risk assessment. These factors are set forth at 45 CFR §164.402.
  7. OCR data indicates that a significant portion of reported breaches of unsecured PHI, perhaps more than half, involve theft or loss of an unencrypted mobile device.
  8. To avoid the notification requirements of the Breach Notification Rule, ePHI must be encrypted according to specific, National Institute of Standards and Technology (“NIST”) protocols. For information regarding specific encryption protocols, see Guidance to Render Unsecured Protected Health Information Unusable, Unreadable or Indecipherable to Unauthorized Individuals, on the HHS website, at http://www.hhs.gov/hipaa/for-professionals/breach-notification/guidance/index.html.

The information in this article reflects the thoughts and opinions of the author, and does not, and is not intended to, constitute legal advice. If you have specific questions pertaining to HIPAA or other legal matters addressed herein, please consult appropriate legal counsel.

Contributed by D. Brent Wills, Esq., a partner at Gilpin Givhan P.C., a Bronze Partner with the Association.

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