Archive for November, 2023

2023 Prescribing and Pharmacology of Controlled Drugs Conference

2023 Prescribing and Pharmacology of Controlled Drugs Conference

The Medical Association of Alabama hosted its annual meeting on November 18-19, 2023, at the Hyatt Regency Birmingham-The Wynfrey Hotel in Birmingham, Alabama. The focal point of this gathering was the renowned “Prescribing and Pharmacology of Controlled Drugs Conference,” marking the 15th year of its occurrence and the 45th presentation of the 12-hour Prescribing and Pharmacology course. This conference attracted a substantial attendance of around three hundred healthcare providers from across the southeastern United States, including Alabama, Florida, Georgia, Louisiana, Tennessee, and Texas.

The conference served as a vital platform for healthcare professionals to delve into crucial aspects of prescribing practices and the pharmacology of controlled substances. With its long-standing tradition, the event has consistently provided an opportunity for medical practitioners to stay abreast of the latest developments in the field and enhance their understanding of safe and effective prescribing methods.

At the conference, we paid tribute to three individuals who have devoted extensive efforts to combat the opioid crisis in Alabama, Dr. Buddy Smith, Dr. Jerry Harrison, and Dr. Steven Furr. Regrettably, Dr. Furr was unable to be with us due to his demanding role as the newly elected President of the American Academy of Family Physicians.

It is often said that noticing an issue is easy, but taking decisive action is the real challenge. Over the course of the last fifteen years, these gentlemen have dedicated forty-seven weekends away from their families to educate healthcare providers on the judicious prescribing of controlled medications. This commitment goes beyond the weekends, as they have also invested countless hours on the planning committee, ensuring not only the coverage of highly relevant topics but also the selection of expert faculty for these courses. Since 2009, over ten thousand prescribers in Alabama have successfully completed the Prescribing course.

We also recognized Richard Tucker, a Consultant with Drug Education Consulting Group in Huntsville, NC, and a former U.S. DEA Special Agent for his outstanding contributions. The association bestowed upon him an award in acknowledgment of his eight years of dedicated service in sharing his time and knowledge at the Prescribing of Controlled Drugs Conferences. Tucker’s expertise and commitment have played a pivotal role in enhancing education and awareness surrounding controlled substances, reflecting his significant impact on the medical community’s understanding and responsible prescribing practices.

We were honored to commemorate their achievements. According to recent data released by the American Medical Association, the total opioid prescriptions dispensed in Alabama during their tenure have decreased by 43.7%, and the total dosage strength, measured in morphine milligram equivalents, has decreased by 55.4%. These statistics bear witness to the tangible impact these individuals have had on alleviating the opioid crisis in Alabama.

On behalf of the Board of Censors of the Medical Association of the State of Alabama, and in sincere appreciation of their many years of dedicated leadership, service, and commitment to addressing the opioid crisis in Alabama, we were honored to present them with these well-deserved awards.

Posted in: Education, Opioid

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Proposed Penalties for Information Blocking Violations

Proposed Penalties for Information Blocking Violations

By: Kelli C. Fleming, Esq. with Burr & Forman LLP

On October 30, 2023, the Department of Health and Human Services (“HHS”) released a proposed rule establishing penalties against healthcare providers who violate the information-blocking rules implemented under the 21st Century Cures Act. The information blocking rules prohibit a healthcare provider, among other “actors” as defined in the rules, from taking any action that is likely to interfere with the access, exchange, or use of electronic health information contained in a designated record set (“EHI”), unless the action is required by law or an applicable legal exception is met. The information blocking rules apply to any request for EHI from any requestor, not just a request to access information from patients.

Currently, there are no penalties against healthcare providers for violating the information-blocking rules. The latest information-blocking proposed rule aims to change that by allowing for payment disincentives for healthcare providers who violate the information-blocking rules. For eligible hospitals and critical access hospitals, the disincentives include not being able to be deemed a meaningful EHR user in the applicable EHR reporting period. For eligible individual providers, the disincentives include not being able to be deemed a meaningful user of certified EHR technology in a performance period and therefore receiving a zero score in the Promoting Interoperability performance category of MIPS. For accountable care organizations and their participants, the disincentives include not being able to participate as an ACO for at least a year. 

“HHS is committed to developing and implementing policies that discourage information blocking to help people and the health providers they allow to have access to their electronic health information,” said HHS Secretary Xavier Becerra. “We are confident the disincentives included in the proposed rule, if finalized, will further increase the appropriate sharing of electronic health information and establish a framework for potential additional disincentives in the future.”

The proposed rule regarding the information blocking disincentives is currently available for public comment. Written or electronic comments must be received on or before January 2, 2024.

Kelli Fleming is a Partner at Burr & Forman LLP practicing exclusively in the firm’s Health Care Practice Group. Kelli may be reached at (205) 458-5429 or kfleming@burr.com.

Posted in: Legal Watch, Technology

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2024 Advocacy Agenda

As the professional association for some 7,000 physicians of all specialties in Alabama, the
Medical Association of the State of Alabama exists to serve, lead, and unite physicians in
promoting the highest quality of healthcare for the people of Alabama through advocacy,
information, and education


General Policies Supported

The Medical Association supports the physician-led health team model and maintaining the highest standards for medical care delivery across all specialties of medicine.  The Association  supports prohibiting deceptive healthcare advertising and requiring health professionals identify their license to patients.

The Association supports physician autonomy in patient care and medical practice decisions, fair reimbursement for services and reducing the volume of administrative tasks required by insurers which increase annual health spending and negatively impact patient health.     

Further, the Association supports increasing health insurance options for Alabamians, including expanding Medicaid.  The Association supports increasing access to quality mental health care and continued state funding for the Maternal Mortality Review Committee and the Infant Mortality Review Committee.  Recognizing the long-term effects of social determinants of health on individuals, families and ultimately communities, the Association supports comprehensive solutions to addressing these challenges, with emphasis on pipeline programs, tax credits and loan forgiveness proposals benefitting rural and underserved areas.

Finally, by ensuring medical liability environment stability and pursuing further civil justice reforms, the Association believes Alabama can continue to attract highly-qualified physicians.

Specific Policies Supported

For 2024, the Association specifically supports:

  • Streamlining the prior authorization process for physicians and patients
  • Initiatives to grow and support Alabama’s physician workforce
  • Increasing access to physician-led care in rural and underserved communities
  • The ability of medical practices to set patient practice policies
  • Increasing physician representation on state healthcare boards, task forces and committees

General Policies Opposed

The Medical Association opposes any scope of practice expansion for non-physicians that would fracture the physician-led health team model, lower quality of care and/or increase costs.  The Association also opposes any interference with the physician-patient relationship and attempts to reduce a physician’s autonomy in patient care or medical practice decisions.

The Association opposes legislation or other initiatives that could increase lawsuit opportunities against physicians, including the establishment of statutory standards of care or any statutory dictums for medical care delivery.  The Association also opposes any state-level increase of requirements for Maintenance of Certification.  Finally, the Medical Association opposes tax increases disproportionately affecting physicians.

Specific Policies Opposed

For 2024, the Association specifically opposes:

  • New lawsuit opportunities against physician employers and medical practices over employment policies
  • Efforts to reduce and/or politicize physician involvement in health regulatory affairs
  • Expanding Prescription Drug Monitoring Program (PDMP) access for law enforcement
  • Statutory requirements for mandatory Prescription Drug Monitoring Program (PDMP) checks

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Discussions with Decision Makers: Justice Greg Cook

Justice Gregory Carl Cook (“Greg”) was elected to the Supreme Court in 2022. Justice Cook is the son of Gene and Dottie Cook and is from Florence, Alabama. From an early age, his parents instilled in him faith, the value of hard work, and the importance of public service.

Justice Cook attended Duke University on an Air Force ROTC scholarship, graduated in 1984 magna cum laude, and was elected to Phi Beta Kappa. He then served our country in the United States Air Force, reaching the rank of Captain. Justice Cook received his law degree from Harvard Law School in 1991, magna cum laude, where he served as an Executive Editor of the Federalist Society’s Journal of Law and Public Policy.

After finishing law school, Justice Cook moved back to Alabama and practiced law at Balch & Bingham for over 31 years. He handled a wide variety of matters in over 40 of Alabama’s 67 counties and in over 15 different states, including jury trials, bench trials, and arbitrations. A large part of his practice involved complex commercial litigation including a number of class actions.

Can you tell us a bit about your early life and upbringing? Where were you born and raised?

My Dad was a member of the Air Force, so we spent a good deal of time moving from place to place.  But his home – and mine – has always really been Florence, Alabama.

What motivated you to pursue a career in law and ultimately run for office?

I love the law.  It is how our society avoids chaos and fights in the street; it is how we resolve disputes peacefully; it is how people can own property and build businesses.  I believe God has ordained the law as a gift to us.  The challenge to represent clients vigorously but with civility and ethics has always appealed to me.  Having the opportunity now to be on the bench is the realization of a lifelong dream.  I am still excited every day when I go to the office.

Where did you go to law school and what did you do before serving on the bench? 

I attended Duke University on an Air Force ROTC scholarship; so, I had the honor to serve in the United States Air Force for four years at the Pentagon.  I met my wife in church while in the Air Force.  After my tour of duty, I attended Harvard Law School and was blessed to be able to come home to Alabama to practice.  I spent almost 32 years at the law firm of Balch & Bingham. 

Could you share some highlights from your legal career before becoming a judge? What type of law did you practice?

Initially my practice covered all types of lawsuits and included cases all over Alabama.  I tried jury trials and bench trials, including insurance and workers compensation disputes among other things.  Over the years, my practice grew towards complex commercial litigation, including very large actions involving banking, energy, and class actions.  These cases were all over the country (many in federal court) and I appeared in courts in more than 10 states and took depositions in Canada and Germany. 

Could you walk us through your approach to analyzing a complex legal case?

My job is to know the details.  This means I (or my staff) need to read everything.  One of the important assets of my job is that I have the time to do reading and research with few interruptions.  The facts can often dictate the result.  At the end of the detailed analysis, it is time to take a step back and see whether the result makes sense and whether it fits with the original meaning of the law and whether it is a predictable result.  I promised the voters that I would be “boring and predictable,” and I try very hard to render results that do not surprise anyone. 

In medicine, physicians go through residency training after medical school and often cite mentors that impacted and made him or her the doctor they are today.  Have there been individuals who’ve had a significant impact on your legal career or your life in general?

Yes.  There were lots of lawyers at Balch & Bingham who were mentors and influenced me.  One of them was Mike Edwards. Mike was the chair of our litigation section when I joined the firm and had a prior military career like I did.  Mike was also a member of the American College of Trial Lawyers.  He taught me almost everything I knew as a litigator, and he always emphasized truthfulness and a complete devotion to the client.  Another mentor is Justice Champ Lyons.  Justice Lyons was the chief drafter in 1973 of our Rules of Civil Procedure, which govern the courts day-to-day process.  Afterwards, he wrote a treatise explaining the rules and was then appointed (and later elected) to the Supreme Court.  I assumed the authorship of his two-volume treatise and wrote the Fifth Edition.  He is a hero to me and has been an invaluable sounding board and example for me. 

What is the most rewarding aspect of serving on the Alabama Supreme Court for you personally?

The opportunity to provide justice to the citizens of Alabama is a great privilege.  I want every party who comes before our Court to feel that we have heard and considered everything they had to say.  I want our citizens to feel that, even if they lose, we are trying our best to get the answer correct.  I love the opportunity to have oral arguments and have the lawyers explain their arguments.  Then, the lawyers and their clients know we heard them, and I hope they can tell from our questions that we are very interested in their cases.

What is the one thing you would like to say to physicians in Alabama?

Trust our system.  Even if you may not agree with every decision (and I don’t), I believe that all of the Justices on our Court are trying to get the answer right.  If you believe our Court has gotten the answer wrong, I encourage you to go to the Legislature with your arguments to change the law.  I can promise all your physicians that we are grateful for the important services they provide, and we value their efforts to contribute to our health.  We know that they care deeply about every patient.  Thank you for what you do.

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