October 15, 2007

IN THIS ISSUE

Editor's Column: Proposed Standard For A Disruptive Joint Commission
Blue Cross Lawsuit Deadline: Oct. 19
Medicaid ID Number Format To Change
Michigan Pols Move To Stem Health Plan Rate Hikes
WSU Psychiatry Prof Earns HIH Grant
Close The Gap
Health Disparities Conference


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Editor's Column: Proposed Standard For A Disruptive Joint Commission

By JOSEPH WEISS, MD
The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) has issued a new mandate that all hospitals are expected to meet by Jan. 1, 2008. The new directive deals with the disruptive physician. The purpose of the  standard, LD.3.15, in the words of JCAHO, is for: “leaders [to] set expectations for behavior among those who work in the organization.”

JCAHO has attached six elements to its anti-disruptive mandate:

1. The [hospital] leaders develop a code of conduct that applies to everyone who works in the organization.

2. The code of conduct defines desirable and disruptive behavior.

3. All who work in the organization are educated about both desirable and disruptive behaviors.

4. The leaders develop processes for managing disruptive behavior.

5. Leaders identify the role of individual leaders in managing disruptive behavior.

6. Leaders establish a fair hearing process for those who exhibit disruptive behavior.

The failure to define “leaders” is troublesome. The JCAHO could have specified that code of conduct developed by hospital administration be done in cooperation with the hospital medical staff. JHAHO could have required that ratification of the disruptive physician standard depend on a vote of approval by both the hospital medical staff and the hospital’s board of directors.

Furthermore, LD 3.15 should be accompanied by a sunset rule. A mandate of this nature, a document regulating physician behavior, should have life of no more than three years. Then the rule should end. The disruptive physician standard needs to be reborn again with final approval once more coming from both medical staff and hospital board.

This approach protects the gadfly.

The Michigan State Medical Society and the AMA should intervene in the matter of LD.3.15. The state society should alert each hospital medical staff to actively participate in the formulation of every LD.3.15 element. The AMA should meet with the JCAHO to let that leadership know our feelings that this mandate seems intent on regulating physician behavior and independence.

The paradox of LD 3.15 is that while the Institute of Medicine calls for open discussion of error, the JCAHO works just as hard to silence dissent.

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Blue Cross Lawsuit Deadline: Oct. 19

Physicians must take action by October 19 to participate in the Love vs. Blue Cross Blue Shield Association settlement. This settlement resulted from a physician-initiated class action suit alleging that Blue Cross plans had, among other things, misrepresented or failed to disclose the use of edits to unilaterally bundle, down code, and/or reject claims for medically necessary covered services. In addition to the creation of a settlement fund, several Blues plans will change some of their business practices, including basing medical necessity determinations on generally accepted standards of medical practice and clinical guidelines.

View the Legal Alert about this issue from MSMS Legal Counsel at www.msms.org/yp/legal . Or contact Patty Bokovoy at 517-336-5768 or pbokovoy@msms.org .

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Medicaid ID Number Format To Change

The Medical Services Administration (MSA) has announced a change in the identification number format for beneficiaries enrolled in Medicaid, Children's Special Health Care Services, Adult Benefits Waiver, MOMS, Plan First!, and other health care programs administered by the Michigan Department of Community Health.

As part of the Michigan Department of Human Service new eligibility determination and case management system (called "Bridges"), beneficiary identification (ID) numbers are being reformatted from eight digits to 10 digits. Use of the new format will begin November 13. After that date, physicians may be presented mihealth cards with either an eight-digit or 10-digit number.

It is important that physicians review their automated claims/accounting systems to assure they can accommodate the 10-digit number.

Beginning November 13, physicians should enter a 10-digit beneficiary ID number when using the beneficiary ID search method for eligibility verification. (Eight-digit IDs should be entered with two leading zeroes.) Also, physicians should report a 10-digit beneficiary ID number for both paper and electronic claim formats. (Eight-digit IDs should be entered with two leading zeroes.)

For more information, contact MSA Provider Inquiry at 800-292-2550 or ProviderSupport@michigan.gov

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Michigan Pols Move To Stem Health Plan Rate Hikes

A bipartisan group of Michigan lawmakers last week proposed four bills that would block private health insurers from significantly raising rates during policy renewals, the Detroit Free Press reports. The legislation also would relax a requirement that the not-for-profit, tax-exempt insurer Blue Cross Blue Shield of Michigan receive approval from the Michigan Office of Financial and Insurance Services to increase rates. The insurer would be able to set rates on its own, and increases would be subject to review if the insurance office found them to be questionable. State Rep. Virgil Smith (D), chair of the state House Insurance Committee, said he hopes to have committee hearings on the legislation soon. "We want to make insurance fair," Smith said.

Opposition
Private insurers opposed to the plan this week formed the Coalition for Access and Affordability in Michigan to challenge the legislation. The coalition comprises the Council for Affordable Health Insurance, the Life Insurance Association of Michigan, Aetna, Assurant, Humana, United Healthcare and HealthMarkets.

BCBS is Michigan's insurer of last resort, and it receives $80 million in state tax breaks for the designation, according to the Free Press. Mark Cook, vice president of government affairs at BCBS, said that private insurers "cherry-pick 25-year-olds" and then "jack up the rates" if the policyholder develops a health condition. He claims BCBS ends up with more expensive policyholders and loses money as a result.

However, Frank Venuto, a legal consultant for United Healthcare, said private insurers are prohibited by law from dropping coverage at the time of renewal and that rate increases occur for an entire class of members, not for individual members. In addition, private insurers say they cannot take all applicants because they do not receive the tax breaks BCBS does. BCBS said legislation is needed to hold down rate increases for individuals who purchase private insurance.

According to the Detroit News, BCBS said it is losing millions of dollars on individual insurance policies and needs rate increases to pay for the coverage. Critics of the legislation say BCBS should use its $2.5 billion reserve to offset rate hikes. "We need to make sure that what comes out of this is good for the consumer, not for the Blues, and not for the companies we represent," Venuto said (Anstett, Detroit Free Press, 10/12).

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WSU Psychiatry Prof Earns NIH Grant

Matcheri S.Keshavan MD., WSU professor of Psychiatry, recently received a four-year National Institute of Mental Health grant totaling $ 2.65 million dollars beginning this month. The grant includes a subcontract to University of Michigan. This grant, titled Bipolar and Schizophrenia Consortium to parse Intermediate Phenotypes (B-SNIP) is one of 5 sites throughout the US to receive this initiative; the other sites are the Yale University, University of Maryland, University of Illinois, and the University of Texas, Dallas. The main goals of the study are to characterize the physiological and neuroanatomical endophenotypes, i.e. biomarkers and their molecular genetic underpinnings in a large, multi-site series of patients with schizophrenia and bipolar disorder and their relatives. An understanding of the genetic and neurobiological basis of these two disorders will eventually help clinicians make better diagnoses based on the underlying pathophysiology rather than the current reliance on purely descriptive, clinical measures. Elucidating the pathophysiology and causation of these disorders will also lead to more novel, hypothesis-driven treatments.

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Close The Gap

Komen Community Challenge
Together Let's Save Lives and End Breast Cancer Forever

 The Komen Community Challenge is our way of telling individuals, policymakers, community leaders, corporations and health care professionals to recognize breast cancer as the grave crisis that it is, join our movement and effect change that will close gaps in research, public policy and access to quality care that cause breast cancer to be deadlier for some women than others.  

Please join author and television personality, Rene Syler, state and local policymakers, health care professionals, business and community leaders, local celebrities and breast cancer survivors and activists for a community forum to close the gap in Wayne County. 

October 23, 2007
6:00 - 8:00 p.m.
Max M. Fisher Music Center
3711 Woodward Avenue
Detroit, Michigan 48201  

Please RSVP by Friday, October 19th at komencommunitychall@yahoo.com or 734-293-4280.

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Health Disparities Conference

President's Biennial Conference on Health Disparities
Understanding and Unraveling Health Disparities 

Thursday, November 15, 2007
7:45 am to 6:00 pm  

McGregor Memorial
Conference Center
Wayne State University
495 W Ferry Mall
Detroit, MI 48202 

Wayne State University and the Center for Urban and African American Health invites all healthcare professionals and students to submit abstracts concerning the treatment and prevention of health disparities to be considered for presentation at the WSU President's Biennial Conference on Health Disparities.  

Conference Highlights

-Keynote Address: "Is Vitamin D an Important Cause of Obesity as Well as a Mediator of Obesity-Related Diseases?"

-Environmental Influences on Health

-Discussion Panel: Health System Barriers to Optimal Care for Minority Patients

-Update on Sickle Cell Disease

-Health Issues in the Arab American Community

-Health Disparities Research

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