Archive for May, 2023

Ethical and Legal Considerations for Caring for Patients Under the Influence of Medical Marijuana

Ethical and Legal Considerations for Caring for Patients Under the Influence of Medical Marijuana

By: Jessie Bekker, Burr & Forman, LLP

In 2021, Alabama became one of thirty-eight states to legalize the medicinal use of cannabis. Though Alabama has yet to license any providers to prescribe it, an interesting question is how the consumption of medical cannabis by a patient before an appointment could impact the ability to obtain informed consent for scheduled procedures and treatments. For example, is a person who takes some form of marijuana before a procedure considered impaired for the purposes of determining their ability to consent? Does the determination change if that person is under the influence of prescribed versus recreational marijuana (or any other substance, for that matter)?

Here are a few considerations to keep in mind when determining whether a patient who has consumed cannabis prior to showing up for his/her doctor’s appointment can be treated as scheduled—or should perhaps come back another day:

  1. Determine whether the patient can coherently and meaningfully participate in their care. Fundamentally, determining whether a patient can provide informed consent to treatment comes down to whether that person understands their condition, the benefits of the proposed care plan, and the risks of obtaining and foregoing treatment. If a patient presents for care under the influence of medical cannabis or some other prescribed drug, consider whether that patient can play an active role in their care. Consuming drugs may impact informed consent if consumption results in impaired cognitive function. Therefore, if a patient’s condition leads to a negative answer to the above questions, consider postponing care or obtaining consent from a surrogate.
  2. Consider whether a delay in care put’s the patient’s health at risk. Sometimes, patients present under the influence of drugs or alcohol, but their health requires urgent attention. If a delay in treatment has the potential to cause the patient’s condition to worsen, act on your best medical judgment. Per the American Medical Association, ask the patient’s surrogate, when available, to provide consent. Where neither the patient nor a surrogate can provide consent, initiate treatment and obtain consent from the patient or surrogate as soon as the opportunity arises. 
  3. Reschedule non-emergent appointments. If a patient is impaired after consuming medical cannabis and presents to a scheduled appointment for non-urgent treatment, consider rescheduling the appointment. Additionally, consider speaking with the patient’s prescriber to determine at which amount the patient can safely consume medical cannabis without reaching impairment, and reschedule the appointment for a date when the patient, his/her prescriber, and the treating physician all agree that the patient can receive appropriate care.

Treating a person who is impaired presents issues regarding informed consent. Still, not all consumption of drugs, like medical cannabis, will implicate the patient’s ability to meaningfully participate in their care. As Alabama’s medical cannabis industry takes shape, these questions may arise more frequently. When making delicate determinations about a person’s ability to consent to care, work with that patient and their surrogate and/or other providers, where appropriate, to best meet the patient’s needs.

Jessie Bekker is an Associate at Burr & Forman LLP and practices exclusively in the firm’s Healthcare Practice Group. Jessie may be reached at (205) 458-5275 or jbekker@burr.com.

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Mobile Physician Becomes New President of Medical Association of the State of Alabama

Mobile Physician Becomes New President of Medical Association of the State of Alabama

Dr. George Koulianos sworn in during Association’s annual meeting

George Koulianos, M.D., F.A.C.O.G., of Mobile was sworn in as the new President of the Medical Association of the State of Alabama during the Association’s annual meeting on Saturday, April 29th in Huntsville.

Dr. Koulianos is the founder and medical director of The Center for Reproductive Medicine in Mobile. He is board certified in Obstetrics and Gynecology. Prior to founding The Center in 1993, he served as assistant professor of Obstetrics and Gynecology at the University of South Alabama.

“It is a privilege to serve the Medical Association as President during this pivotal time for healthcare in Alabama. Our goals are to address the physician shortage, expand access to quality care for all Alabamians, prioritize patient safety by supporting physician-led team-based care, and to support physicians and the patients they serve during some of the most significant moments of their lives,” said Dr. Koulianos.

Mark Jackson, Executive Director of the Medical Association, said Dr. Koulianos has “not only impressive medical experience but also a true passion for helping people. It’s why he became a doctor in the first place.”

Dr. Koulianos served the past year as President-elect of the Medical Association under President Julia Boothe, M.D., of Reform, whose term has expired.

Dr. Koulianos completed a fellowship in Reproductive Endocrinology and Infertility at Tulane Medical School and the University of South Alabama. He did his residency in Obstetrics and Gynecology at Texas Tech Regional Academic Center in Amarillo. He graduated from the University of Texas Medical School at Houston. His professional accomplishments include winning the ACOG/CIBA (American College of Obstetricians and Gynecologists) Fellowship for Endocrinology of the Postreproductive Woman, authoring several book chapters and articles with original research for peer review and presenting original research at numerous national and international meetings.

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OIG Unveils Telehealth Toolkit to Analyze Program Integrity Risks

OIG Unveils Telehealth Toolkit to Analyze Program Integrity Risks

By: Jim Hoover, Burr & Forman, LLP

Over the course of the last year, audits of telehealth services and the associated claims data has continued to increase.  As a result, it may be useful for physician practices to conduct a compliance review of the telehealth claims they submitted since the beginning of the COVID-19 pandemic.  Of course with any compliance audit, healthcare providers should think carefully about the manner and procedures used in an audit.

A useful source of information related to telehealth claims is the OIG’s telehealth toolkit.  On April 20, 2023, the Office of Inspector General (OIG) unveiled a new telehealth toolkit designed to help identify program integrity risks associated with telehealth services.  A copy of the toolkit is located here. The toolkit provides detailed information on methods to analyze telehealth claims to identify program integrity risks. While the OIG created the toolkit to assist public and private sector partners such as Medicare Advantage plan sponsors, private health plans, State Medicaid Fraud Control Units, and other Federal health care agencies with analyzing their telehealth claims data, it can also be used by physician practices to review their telehealth claims.

The OIG created the toolkit because the COVID-19 pandemic changed how patients visit and interact with their health care providers. The use of telehealth services grew dramatically during the first year of the pandemic and is now an important part of the health care system. For example, Medicare beneficiaries used 88 times more telehealth services during the first year of the pandemic than in the year prior, with more than 2 in 5 Medicare beneficiaries using telehealth services in that year. Medicaid and private health plans also experienced exponential growth in the use of telehealth. With the dramatic increase of telehealth visits, came concerns about fraud, waste and abuse associated with the use of telehealth.  

The toolkit includes detailed descriptions of seven data analysis measures providers can apply to their own data.  The toolkit also includes steps for analyzing telehealth claims such as (1) reviewing program policies, (2) collecting claims data, (3) conducting quality assurance checks, (4) analyzing data to identify program integrity risks, and (5) interpreting the results of the analysis. When beginning the analysis process, it is important to be familiar with payment and coverage policies of the particular program being reviewed, such as traditional Medicare or a commercial payor.  The toolkit is based on Medicare fee-for-service payment and coverage policies for telehealth services during the first year of the COVID-19 pandemic (March 2020 through February 2021).  Be aware that Medicare telehealth policies changed over time and different programs may have different policies.  As a result, the analysis of the telehealth claims will vary according to the coverage and billing policies of a particular program and for the particular time period.  During the COVID-19 pandemic, Medicare claims for telehealth services used a modifier of 95, GQ, or G0 or a place of service code of 02 to indicate that the service was delivered via telehealth.  The Centers for Medicare & Medicaid Service’s website also maintains a complete list of services that may be provided using telehealth under Medicare.

The measures in the toolkit are intended to be a starting point for the analysis of telehealth claims and are based on patterns in the Medicare claims data during the first year of the COVID-19 pandemic. Billing patterns in other data may be different from those in Medicare data, so it may be necessary to adjust the analysis accordingly. For example, the OIG considered providers who billed telehealth services for 2,000 or more Medicare beneficiaries during a year to be high risk. This number is far higher than the median of 21 Medicare beneficiaries. 

The toolkit contains seven measures the OIG developed to focus on different types of billing for telehealth services.  Some the measures include billing telehealth services at the highest most expensive level for a high proportion of the services billed, billing a high average number of hours of telehealth services per visit and billing telehealth services for a high number of days in a year or a high number of patients.  

Although the OIG designed the toolkit to analyze program integrity risks, it is a useful resource for physician practices to help them understand the particular areas of concern of the OIG.  It provides easy to understand analysis of claims and thresholds the OIG considers to indicate a high risk of fraud, waste or abuse.   

Jim Hoover is a Partner at Burr & Forman LLP practicing exclusively in the firm’s healthcare group. Jim may be reached at (205) 458-5111 or jhoover@burr.com.

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Physician Workforce Act Addresses Alabama’s Doctor Shortage So Patients Get the Care They Need

By Julia M. Boothe, M.D.

If it seems you are having to to wait longer to get a doctor appointment than you used to, it’s not your imagination. Alabama is experiencing a physician shortage, and the results can be far worse than a mere inconvenience for your schedule.

The physician shortage means patients are experiencing delays in access to medical care for a range of prevention, wellness and treatment options. When patients have difficulty accessing care, their health problems worsen. Most eventually end up in already crowded hospital emergency departments. This puts extra strain on overworked hospital staff and ends up increasing health care costs for everyone.

Fortunately, there is legislation before the Alabama Legislature that would help address the physician shortage of today and build the physician workforce we need for tomorrow.

This legislation is the Physician Workforce Act – House Bill 243 sponsored by Rep. Paul Lee and Senate Bill 155 sponsored by Sen. April Weaver. Patients and physicians across the state can be grateful these two leaders are proactively dealing with this looming health care crisis.

The Physician Workforce Act focuses on three key areas: cutting red tape to boost physician recruitment, better utilizing our existing physician workforce, and establishing an apprenticeship-like program for future physicians.

Alabama does a great job recruiting industries to our state with incentives. But when it comes to recruiting doctors, we throw up unnecessary barriers and red tape. Physicians licensed to practice medicine in other states can’t relocate to Alabama and practice medicine unless they take an additional test. And we make this test even more burdensome by requiring that it be taken in-person. So, a fully licensed physician from Georgia, Florida or any other state who is thinking of moving to Alabama must physically show up to take this test.

This requirement is unnecessary, outdated and a barrier to better health care. The Physician Workforce Act repeals this red tape. Doing so won’t lessen standards because all other medical licensure requirements will stay the same. But removing this bureaucratic barrier will make Alabama more competitive when it comes to recruiting physicians.

As Sen. Weaver has said, if we want more doctors in Alabama, we need to make Alabama more welcoming to doctors. With this important change, the Physician Workforce Act does that.

In addition to recruiting physicians, we need to do a better job utilizing the physician workforce we already have. International Medical Graduates (IMGs) currently make up 20 percent of Alabama’s physician workforce. They are required to complete three years of training in a residency program to become eligible for an initial medical license. By contrast, U.S. and Canadian medical graduates must complete only one year of residency to become licensed.

IMGs are subject to the same rigorous credentialing standards as any other U.S. physician and are held to the same demanding educational standards as students attending medical schools in the U.S. and Canada. Alabama’s licensing requirements need to reflect that.

Therefore, the Physician Workforce Act would allow IMGs to apply for an initial medical license after two years of residency. This would enable IMGs to begin working more quickly in Alabama and allow our busy clinics and hospitals to utilize these highly trained medical professionals for hard-to-staff overnight shifts in emergency departments.

If a medical graduate is looking to apply for a residency, they will go to states where they can work as soon as possible. And if these physicians are allowed to work sooner in Alabama, the higher the chances they will stay in Alabama when their residency training is over.

Twenty other states already follow this accelerated route toward a medical license for IMGs. Alabama should join them.

Lastly, the Physician Workforce Act would create an apprenticeship-like program to help bolster the physician workforce of tomorrow. If this were to become law, Alabama would join nearly 10 other states that allow medical graduates who do not match into residency programs to increase their knowledge and skills under the supervision of licensed physicians as they prepare to reapply for residency.

With physicians serving as their mentors, these medical graduates would receive additional training that will benefit them tremendously in the future and help to ease pressure on our health care system today.

Legislators should make passage of the Physician Workforce Act a priority. It would significantly expand the pool of trained physicians practicing in our state, it would increase the number of patients getting the medical care they need and it would improve health outcomes for Alabama’s sick and injured. For these reasons, it has earned the support of the Medical Association of the State of Alabama, the University of Alabama at Birmingham (UAB), the University of South Alabama, Federally Qualified Health Centers, and numerous medical specialty groups.

The sooner the Physician Workforce Act becomes law, the sooner we’ll put Alabama on the path toward a healthier future.

Dr. Boothe is a primary care physician caring for patients in Reform, Alabama. She serves as Immediate Past President of the Medical Association of the State of Alabama.

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