NYS Society of Plastic Surgeons News and Resources

Medical and Dental Record Issues: Frequently Asked Questions

Thu, 18 Dec 2025 20:32:35 GMT

Medical and dental records are essential to the delivery of care and play a crucial role in all clinical operations, including communicating vital information to other treating practitioners.

The Doctors Company provides answers to frequently asked questions

Urge Governor Hochul to Veto Wrongful Death Expansion

Mon, 24 Nov 2025 15:41:42 GMT

Despite three prior vetoes by Governor Hochul, legislation that would dramatically expand damages in wrongful death actions, S4423/A6063, has once again passed the Senate and Assembly. This bill is nearly identical to the versions she vetoed in 2022, 2023, and 2024, each time citing significant concerns for New York’s healthcare system.

If enacted, this legislation would significantly increase already high medical liability costs and further strain the availability of essential medical services across the state. These changes would run counter to efforts to protect and expand patient access, particularly as potential federal actions could impose additional financial pressure on New York’s healthcare system.

What to Do

Please email Governor Hochul as soon as possible and respectfully urge her to veto S4423/A6063. Encourage her to instead pursue a balanced approach to modernizing New York’s wrongful death statute, one that improves fairness while also addressing our state’s extraordinary liability costs.

Telehealth Rules Have Changed – FAQs Inside

Thu, 06 Nov 2025 14:26:47 GMT

Many of the CMS Medicare telehealth billing concessions expired on September 30, 2025. The current status remains uncertain pending the conclusion of the government shutdown. An extension has been contemplated, but a definitive determination is yet unresolved.

The Doctors Company shares what clinicians need to know now > Learn more

How Inflation Is Impacting Medical Malpractice Claims

Tue, 07 Oct 2025 13:01:35 GMT

The Doctors Company is committed to commissioning independent, third-party research that examines the most pressing challenges in healthcare and the medical malpractice industry.

Their new study indicates that inflation—both economic and social—has added an estimated $4 billion in insured losses and expenses to the medical malpractice insurance market over the past decade.

Learn more

Coping With Litigation: Tips for Healthcare Professionals

Fri, 19 Sep 2025 13:41:51 GMT

Few things in a healthcare practitioner’s life generate more stress and disruption than an allegation of professional malpractice.

The litigation process and the uncertainty it creates may cause a practitioner to experience stress-related symptoms—including anger, anxiety, depression, or physical illness. The first step in alleviating the uncertainty is to understand the litigation process and your role as a defendant.

If you are ever the subject of a claim (a patient’s verbal or written demand for compensation) or formal lawsuit, The Doctors Company will defend your livelihood and reputation, and be with you throughout the process.

NYSSPS Announces 2025–2026 Slate of Officers

Wed, 10 Sep 2025 19:22:48 GMT

The New York State Society of Plastic Surgeons (NYSSPS) is pleased to announce the proposed 2025–2026 Slate of Officers, as recommended by the Nominating Committee and to be presented for election at the upcoming Annual Meeting.

Proposed Slate of Officers

President: Samara Churgin, MD
President-Elect: Mahira Tanovic, MD
Vice President: Jeffrey Ridha, MD
Treasurer: Glenn Becker, MD
Secretary: Libby Copeland, MD
Member-at-Large: Keith Blechman, MD
Immediate Past President: Diana Yoon-Schwartz, MD

These distinguished leaders bring extensive experience in clinical practice, advocacy, and professional service to their roles. Together, they will guide the Society’s continued efforts to promote excellence in plastic surgery, protect the interests of New York’s surgeons, and advance patient safety and access to care.

The election of officers will take place during the Annual Meeting of Members on October 22, 2025, in New York City.

NYSSPS extends sincere appreciation to the Nominating Committee for its work in identifying leaders who exemplify the Society’s mission and values.

How Healthcare Professionals Can Counter Medical Misinformation and Support Engaged Patients

Thu, 07 Aug 2025 18:09:17 GMT

By: Lisa M. McCorkle, MSN, MBA, RN, Senior Patient Safety Risk Manager, The Doctors Company

In 2021, the American Health Information Management Association Foundation surveyed 1,059 U.S. residents age 18 or older in a nationally representative sample. The survey found that Americans typically seek out health information by contacting their doctor and the internet equally. Of those who secure health information from the internet, 86 percent are confident the information is credible.

This can sometimes be a challenge for healthcare practitioners, because health misinformation—information that is false, inaccurate, or misleading according to the best available evidence at the time—is abundant on the internet. Health misinformation is a significant obstacle in healthcare, as it can lead to misunderstandings, poor health decisions, and adverse outcomes for patients. In a recent survey of physicians by The Doctors Company, 64 percent of physicians named misinformation on social media one of the most challenging aspects of practicing medicine.

In particular, social media has profoundly influenced plastic surgery, offering a platform for surgeons to showcase their work and connect with potential patients. However, experts warn that it can also promote unrealistic expectations by emphasizing only the positive outcomes and downplaying the realities of procedures and recovery.

> Learn more

Healthcare Appreciation Night: NYSSPS Members at Yankee Stadium

Mon, 28 Jul 2025 17:28:42 GMT

The New York Yankees have invited NYSSPS members to join them at Yankee Stadium for Healthcare Appreciation Night on August 25th, 26th or 27th!

This special event is dedicated to recognizing the hard work and commitment of healthcare professionals across New York and the nation — and we’re proud to be part of it.

Your ticket includes:

A New York Yankees Healthcare Tumbler or Scrubs
A $15 Food & Beverage Voucher (valid at any concession stand on the general concourse)

Item pickup instructions will be provided prior to the event.
Please note: Ticket prices include sales tax, are for select non-premium seating, and all sales are final.

Come enjoy an evening of baseball, camaraderie, and celebration with fellow NYSSPS members, and help honor our profession in the heart of Yankee Stadium!

Purchase your tickets online

Facing Diminished Trust, Doctors Question Their Calling

Thu, 10 Jul 2025 14:17:35 GMT

A new survey of physicians by The Doctors Company confirms a familiar but deepening concern: Few physicians would recommend a career in medicine. The survey’s results point to mounting challenges that are eroding professional satisfaction and prompting many clinicians to reevaluate their futures.

As healthcare organizations chart a course through turbulent times, The Doctors Company is committed to illuminating emerging risks and identifying actionable solutions—so physicians can focus on what matters most: delivering exceptional care.

> Read more

A Doctor’s Guide to Selecting a Medical Malpractice Insurer

Mon, 09 Jun 2025 21:29:07 GMT

As a physician, it's not a question of if you'll face a lawsuit, but when. In certain high-risk specialties, over two-thirds of doctors will encounter a claim. For all specialties, the probability of being sued increases with time: Older medical professionals, having practiced longer, are exposed to more risk, and thus the likelihood of facing a lawsuit rises with age.^* Additionally, the risk associated with litigation is growing due to the increase in nuclear malpractice verdicts. From 2013 to 2023, the American court system witnessed approximately a 67 percent rise in medical malpractice verdicts awarding $10 million or more.

Whether you’re choosing medical malpractice insurance for the first time or seeking additional coverage for an established practice, selecting the right insurer is one of the most important decisions you’ll make. When your reputation and livelihood are on the line, you need a strong, proactive insurance partner on your side.

What Type of Carrier Should You Choose?

NYSSPS Opposes Bill Allowing Non-Medical Laser Hair Removal Without Oversight

Tue, 03 Jun 2025 15:28:37 GMT

The New York State Society of Plastic Surgeons (NYSSPS) is voicing strong opposition to legislation currently under consideration in Albany, A1916 (Paulin)/S6231 (Webb), which would allow estheticians and cosmetologists to perform laser hair removal without any oversight by a licensed healthcare professional.

NYSSPS warns that while laser hair removal is widely sought after, it involves the use of FDA-regulated medical devices capable of causing serious injuries such as burns, scarring, and pigmentation changes when administered improperly. These risks are particularly heightened for individuals with darker skin tones, who face a greater likelihood of complications like hyperpigmentation or paradoxical hair growth.

Citing a 2021 study published by the American Dermatology Society, NYSSPS notes that 83% of laser-related lawsuits involved nonphysicians or non-specialty physicians, underscoring the critical need for qualified oversight in these procedures.

“Training alone is not sufficient,” the Society stated. “Oversight from trained medical professionals is essential to ensure patient safety and prompt treatment if complications arise.”

Currently, 35 states classify laser hair removal as a medical procedure, and 39 require physician oversight. New York stands out as one of the few states lacking any statutory or regulatory framework—something NYSSPS believes must be addressed with greater accountability, not less.

NYSSPS is urging lawmakers to oppose A1916/S6231 in its current form, and requests that laser hair removal instead be classified as a medical procedure, to be performed or supervised only by licensed healthcare practitioners.

While the Society supports the goal of establishing clearer training standards, it stresses that any meaningful reform must include an oversight structure. NYSSPS believes this is the only way to protect New Yorkers and uphold the standards of care they deserve.

Take Action and contact your legislators today!

Grieving Families Act is Being Debated in Assembly on June 4th

Tue, 03 Jun 2025 14:59:28 GMT

The Grieving Families Act (Wrongful Death) bill has passed the New York State Senate and will be debated in the Assembly Judiciary Committee tomorrow, June 4th.

We strongly encourage you to take action by using this form to contact your legislators directly. By utilizing this platform, you can express your opposition to the reintroduced bill and convey the critical importance of preserving a thriving plastic surgery community in New York.

Background

This is a bill that was previously vetoed by Governor Hochul and has resurfaced in the form of a reintroduced bill (S.4423, A.6063). This bill seeks to expand damages awarded in wrongful death cases, which could have severe consequences for our healthcare community. It threatens to escalate liability insurance premiums, further burdening our practices and hindering our ability to provide quality care to our patients.

Our collective voice is powerful, and by coming together, we can make an impact. We urge you to act swiftly and contact your legislators today, emphasizing the negative consequences this bill could have on our profession and the patients who depend on us for their healthcare needs.

Liability Reform & Wrongful Death Update

Fri, 30 May 2025 17:21:56 GMT

The 2025 MSSNY House of Delegates reaffirmed strong support for medical liability reform. However, a major threat looms: Wrongful Death Expansion (A6063/S4423) has passed the Senate and awaits Assembly action.

This bill would significantly increase malpractice exposure in New York—already the highest payout state in the nation—and could further strain access to care.

Take action now:
Visit the NYSSPS Legislative Action Center to urge the Governor and your Assemblymember to oppose this legislation.

More policy updates here: MSSNY 2025 HOD Summary

Resident Advocacy Fellowship Applications: Deadline Approaching

Fri, 23 May 2025 17:22:26 GMT

NYSSPS is launching its inaugural Resident Advocacy Fellowship—a hands-on opportunity for residents to engage in healthcare policy, advocacy training, and leadership development.

Fellows will:

Meet with policymakers
Develop policy and leadership skills
Receive mentorship from NYSSPS advocacy leaders
Compete for travel and award funding

Application deadline: May 31, 2025

Program Info: nyssps.org/Resident-Advocacy

Apply now: surveymonkey.com/r/nysspsfellowship

Upcoming CME Webinar: Claims Trends & Risk Mitigation in Plastic Surgery

Mon, 19 May 2025 17:23:26 GMT

Join NYSSPS and The Doctors Company for an accredited webinar on major allegations in plastic surgery claims over the past 15 years.

Session Objectives:

Identify trends and risk factors in plastic surgery claims
Improve informed consent and cultural competence
Address bias in clinical encounters

Speaker: Lisa McCorkle, MSN, MBA, RN, CPPS, CPHRM, CPHQ
Accreditation: 1.0 AMA PRA Category 1 Credit™

How the NY State Budget Delivered for Physicians and Patients

Wed, 14 May 2025 17:26:09 GMT

The final New York State Budget includes $100 million in wins for physicians:

Increased Medicaid reimbursements
Funding for loan repayment and primary care programs

The budget excluded proposals that would have:

Required the 16,000 physicians with Excess Medical Malpractice Insurance coverage to pay 50% of the cost of the coverage, which would have imposed $40 million in new costs on these physicians.
Permitted numerous physician assistants to practice without appropriate physician supervision.
Eliminated the right of physicians to appeal underpayments from Medicaid Managed Care plans to New York’s Independent Dispute Resolution system.

Learn more: Read MSSNY’s Budget Summary

Advocacy in Action

Wed, 14 May 2025 17:20:55 GMT

On May 7, 2025, the New York State Society of Plastic Surgeons met with lawmakers in Albany to advocate for legislation that protects patients and promotes the value of physician-led care.

NYSSPS supported:

Gold Card Prior Authorization Reform (A2352): Streamlines approval for high-performing physicians to reduce delays in care.
Overpayment Recovery Limits (A3365/S5209): Caps insurance clawbacks to 3 months, improving practice sustainability.
Truth in Advertising: Increases transparency about healthcare professional credentials and training.

NYSSPS opposed:

Wrongful Death Expansion (A6063/S4423): This costly bill has passed the Senate this week and awaits Assembly action.
Non-physician Microneedling and Laser Hair Removal (A3084a; A1916/S6231): Procedures with real risks that must remain under medical supervision.

Advocacy Win:

Assembly Bill A5469 proposed to modify New York State Tax Law to apply a sales tax on elective cosmetic procedures.

If passed, A5469 would have imposed new taxes on services such as elective aesthetic surgeries, increasing out-of-pocket costs for patients and potentially deterring access to medically appropriate procedures that enhance quality of life, even if not deemed reconstructive by strict definitions.

Thanks to strong opposition from NYSSPS and other stakeholders, the bill did not advance and the enacting clause was stricken, preventing it from moving forward this session.

Follow our legislative priorities

Job Shadowing in Clinical Settings: Observers, Volunteers, and Students

Tue, 06 May 2025 17:30:49 GMT

by: Richard F. Cahill, JD, Vice President and Associate General Counsel, The Doctors Company

Healthcare practitioners often receive inquiries from students seeking opportunities to shadow or observe, volunteer, or learn through a formal clinical rotation. High schools may offer programs and courses that focus on careers related to medicine, dentistry, or nursing. The requests for shadowing experiences can also come from college and vocational students.

Understanding what being a healthcare professional entails is critical for any individual considering a career in the industry. Observing, volunteering, and mentoring opportunities may be rewarding for the professional and benefit the learner by fulfilling requisite application criteria. Although it is a great opportunity to promote your profession, it is also important to recognize the risks to your patients, employees, and your practice if you decide to accommodate such requests.

Before deciding to allow students into your office, explore their personal expectations as well as the impact it could have on your practice. Identify and validate the program associated with the inquiry and understand the objectives that are expected to be achieved. It is important for practitioners to differentiate between shadowing or observing, volunteering, and a formal clinical rotation in which direct patient care is provided.

Learn more

ASPS National Advocacy Opportunities

Thu, 01 May 2025 17:24:22 GMT

NYSSPS encourages members to participate in the upcoming ASPS Advocacy Summit in Washington, DC. Join colleagues from across the country to meet with federal legislators and advance key issues in plastic surgery.

More information and registration: ASPS Advocacy Summit

NYSSPS Launches Resident Advocacy Fellowship – Apply by May 31!

Fri, 28 Mar 2025 18:18:39 GMT

The New York State Society of Plastic Surgeons (NYSSPS) is pleased to announce the launch of its Resident Advocacy Fellowship Program!

This initiative will provide residents with firsthand experience in advocacy, giving them the tools they need to influence policies impacting patient care and the profession.

By participating, residents will:

Gain exposure to healthcare policy issues
Engage directly with policymakers and legislative leaders
Develop advocacy and leadership skills
Build connections with experienced plastic surgeons and mentors

More information about the program can be found online: https://nyssps.org/Resident-Advocacy

Deadline to apply for the first round is May 31, 2025.

Fellowship awards and travel expenses provided to the top three applicants: https://www.surveymonkey.com/r/nysspsfellowship

What U.S. Healthcare Will Look Like in 2035

Tue, 25 Feb 2025 13:00:00 GMT

Richard E. Anderson, MD, FACP, Chairman and Chief Executive Officer,
The Doctors Company and TDC Group

Across the U.S., healthcare systems are beset by limited resources and widening care gaps. Patients are frustrated by long wait times, fragmented care, inaccessible services, and extraordinary costs. These challenges are forcing leaders to pursue new solutions, including artificial intelligence (AI) tools, expanded roles for advanced practice clinicians (APCs), and innovative business models.

Executive Summary

Frontline clinicians contend with worsening physician shortages, nuclear verdicts driving up professional liability costs, and an alarming expansion of medical care deserts, especially for maternity care. For patients, these issues translate into unmet needs, eroding trust, and a growing sense that the system is not working for them.

Evolving technologies powered by AI offer opportunities for U.S. healthcare organizations, but they also raise pressing questions about patient safety, privacy, and practitioner liability. Meanwhile, retail giants like CVS, reeling from unsustainable experiments in healthcare delivery, are pivoting to newer strategies, while pharmaceutical companies are expanding into telehealth and direct care services. These shifts complicate efforts to provide seamless, patient-centered care and maintain accurate, comprehensive medical records.

Each year, TDC Group predicts emerging healthcare trends over the next decade, focusing on the challenges, risks, and opportunities that shape the industry.

Read the predictions - Healthcare 2035 Report

Deadline Approaching: Help Shape Policy at the MSSNY House of Delegates Meeting

Thu, 30 Jan 2025 18:40:38 GMT

Key Deadline: Draft resolutions must be submitted to NYSSPS for consideration by Friday, January 31, 2025.

Looking ahead to the 2025 Medical Society of the State of New York (MSSNY) House of Delegates Meeting in April we encourage you to participate in crafting impactful resolutions.

As members of the New York State Society of Plastic Surgeons (NYSSPS), you have a unique opportunity to influence policies and positions that directly impact our profession.

If you’d like to collaborate with our Executive Council to draft and submit a resolution, please email us at nyssps@gmail.com.

Why This Matters

The HOD is MSSNY’s primary policymaking body, where resolutions proposed by members and specialty societies are debated and voted on.
Policies adopted by the HOD guide MSSNY’s advocacy efforts with state legislators, regulatory agencies, and other stakeholders. By submitting resolutions, NYSSPS ensures that issues important to plastic surgeons are part of the broader physician advocacy agenda in New York.
The HOD provides a platform for NYSSPS to advocate for policies tailored to the unique challenges faced by plastic surgeons and their patients.

Dispensing Sample Medications: Risk Management Strategies

Wed, 15 Jan 2025 19:34:39 GMT

Debra Kane Hill, MBA, RN, Senior Patient Safety Risk Manager, The Doctors Company, Part of TDC Group

Dispensing free sample medications to patients, a common practice in medical and dental offices, can provide many benefits for both patients and practitioners. Dispensing sample medications can, however, create risks and patient safety issues—especially for offices that take a casual approach toward the sample medication supply.

Learn more about the benefits and risks

AI in Healthcare: Development Phases, Ethical Questions, and Liability Risks

Fri, 13 Dec 2024 18:35:13 GMT

Learn about the development stages of medical artificial intelligence (AI), including ethical concerns such as privacy, bias, consent, and accountability, and the potential liability risks for healthcare professionals and organizations.

People First: Types of AI and How to Put Them to Work on Clinician Burnout and Health Disparities

Mon, 02 Dec 2024 18:18:01 GMT

written by: Kevin Johnson, MD, MS, University Professor of Biomedical Informatics, Computer Science, Pediatrics, and Science Communication at the University of Pennsylvania; Vice President of Applied Clinical Informatics in the University of Pennsylvania Health System

Artificial intelligence (AI) isn’t new: The first neural network computer appeared in the early 1950s. Hype about AI revved up in the 1970s, but early iterations of AI stalled out through a combination of too much hype, too much complexity, and too little attention to the human element.

We can learn from prior AI failures, not to mention failures of EHR implementation, to successfully integrate certain types of AI into daily healthcare operations. We will not solve the clinician burnout crisis or achieve equity in healthcare using AI alone, but strategic applications of AI can assist us in both areas.

The cornerstones of successful AI implementation will be people: Those who envision, lead, and train, and those who reskill, adapt, and integrate AI tools into frontline care, whether for administrative or for patient-facing purposes.

Four Main Types of AI

Right now, generally speaking, AI works in one of four ways: read full article

Nuclear Verdicts in Healthcare: How Social Inflation Impacts Physicians, Patients, and the Future of Medicine

Fri, 22 Nov 2024 18:57:30 GMT

By: Robert E. White Jr., President, The Doctors Company and TDC Group

Explore the growing issue of nuclear verdicts in healthcare and how they threaten physician liability, increase costs, and limit patient access to care.

This article outlines actionable steps and advocacy efforts to combat this trend.

Continue reading...

Updated NYSSPS Bylaws

Wed, 30 Oct 2024 18:00:00 GMT

Please see the following link to view our updated NYSSPS Bylaws, which were approved at our 2024 NYSSPS Annual Meeting.

NYSSPS Amended and Restated Bylaws 2024

NYSSPS 2024 Legislative Successes

Tue, 09 Jul 2024 18:08:47 GMT

CHC's complete report on the end of the recently concluded NYS Legislative Session is enclosed. This provides an executive summary of our efforts on behalf of NYSSPS.

NYSSPS 2024 Legislative Successes

NYSSPS Annual Meeting: Record Attendance & Support from Sponsors, Legislators of the Year Honored, New Officers Installed as Strategic/Legislative Priorities Solidified

(Past member) — Thu, 19 Oct 2023 18:05:07 GMT

On Monday, October 16, 2023, members of the New York State Society of Plastic Surgeons (NYSSPS) gathered for the annual meeting and dinner at the Tribeca Wolfgang’s Steakhouse in New York City. The members, honored guests, sponsors and exhibitors filled the room to capacity – a sign of the success of the evening.

The evening commenced with a cocktail hour providing an opportunity for members to see old colleagues, network and meet representatives from our generous sponsors including Sientra, Organogenesis, Apyx/Renuvian, Allergan, and Irrimax/Irrisept. This first hour of the program was headlined by the presentation of the NYSSPS’ Legislative of the Year Awards to two distinguished leadership in the New York State Legislature: Senator Toby Ann Stavisky (D-Queens), Chair of the Senate Higher Education Committee, and Assemblymember Amy Paulin (D-Westchester), Chair of the Assembly Health Committee. NYSSPS selected Sen. Stavisky to be honored for her strong track record supporting physicians, patients and for her sponsorship of a law in 2022 requiring insurers and health plans to include coverage of chest wall reconstruction surgery in addition to breast reconstruction surgery. Asm. Paulin was honored for her longstanding efforts to expand access to care for women’s health, reducing healthcare disparities, and supporting those who are providing high quality care. In 2023, the assemblymember sponsored priority legislation for the NYSSPS requiring insurers to provide coverage for tattooing of the nipple-areolar complex pursuant to or as part of breast reconstruction surgery and legislation to authorize physicians to collectively negotiate.

Following the presentation of the Legislator of the Year Awards, the dinner was brought out and the annual meeting commenced with welcoming remarks from Executive Director, Lisa Alteri, the outgoing NYSSPS President S. Daniel Huang, MD and incoming President Haritha Veeramachaneni, MD. A very special Lifetime Achievement Award was presented to Paul Weiss, MD in recognition of his years of service and commitment to advancing the profession of plastic surgery, advocacy and support of patients. This was followed by the transition of power as the new officers of NYSSPS and the NYSSP PAC were also recognized as follows:

Society Officers

President - Haritha Veeramachaneni, MD
President-Elect - Diana Yoon-Schwartz, MD
Vice President - Samara Churgin, MD
Secretery - Mahira Tanovic, MD
Treasurer - Jeffrey Ridha, MD
Member at Large - Keith Blechman, MD
Past President - S. Daniel Huang, MD
Executive Director – Lisa Alteri

NYSSPS PAC Officers

Chair - Diana Yoon-Schwartz, MD
Vice Chair - Samara Churgin, MD
Treasuerer - Jeffrey Ridha, MD
Member at Large - Thomas Sterry, MD

NYSSPS’ goals for the coming year were presented to the members as the dinner service began, including maintaining a strong focus on legislative issues including out-of-network, prior authorization, truth in advertising, membership recruitment and retention, and replenishing the PAC as we head into 2024 – an important election year. NYSSPS has a robust agenda for each priority item and looks forward to engaging the broader membership in these efforts.

The four platinum sponsors supporting tonight’s event Sientra, Organogenesis, Apyx/Renuvian, and Allergan then got the opportunity to introduce themselves and highlight their work and ways they work with plastic surgeons and patients. We thank our generous sponsors and look forward to continuing to work them with them.

A lively conversation regarding the federal No Surprises Act and out-of-network care was had during dinner, led by Leslie Howard, Managing Partner and Amy Wilkins, COO of Cohen Howard. This important discussion will continue amidst regulatory developments the federal level and intersection with the New York State law and discussions with policymakers. The meeting closed with appointments, donations, and dessert. The Society appointed Ritchie Reich, MD to the Nomination committee, and Nilay Shah, MD and Ryan Neinstein, MD to the By-laws Committee.

The evening also featured a raffle prize drawing for those who renewed their membership dues and/or contributed to the PAC. This resulted in strong support with 11 renewing their membership and 17 contributing to the PAC. A sugary dessert and coffee sent members home happy and looking forward to next year already!

Whether you measure success by the number of attendees, number of sponsors, revenue generated for society or the PAC, the night was a tremendous success. We thank all those who assisted. To help keep the momentum going, we urge you to help recruit a non-member to join! 2024 will be a pivotal year for NYSSPS. Edward Everett Hale, a famous author, historian, and minister once said, “Coming together is a beginning; keeping together is progress; working together is success.”

Victory for Access: CMS Upholds S-Codes for Microsurgical Breast Reconstruction, Safeguarding Essential Care Options

(Past member) — Wed, 30 Aug 2023 18:35:29 GMT

On August 21, 2023, the Centers for Medicare and Medicaid Services (CMS) announced a crucial decision to retain HCPCS Level II codes S2066, S2067, and S2068, encompassing DIEP, GAP, and SIEA flaps for autologous breast reconstruction. Initially scheduled for discontinuation on December 31, 2024, the CMS decision followed a public meeting where concerns about the complexity of transitioning and potential impacts on access to care were raised. CMS, having received feedback indicating the private insurance industry's attempt to reclassify microsurgical breast reconstruction as a lower-level procedure, cited these concerns in their decision. The meeting involved participation from diverse stakeholders, including ASPS President Greg Greco, member surgeons, and patients advocating that microsurgical autologous breast reconstruction is vital post-mastectomy, emphasizing the pivotal role of maintaining the S-codes for continued accessibility to the procedure.

Katz Women’s Surgical Center at Glen Cove Hospital | Plastic Surgery Dinner

Tue, 01 Aug 2023 18:51:05 GMT

On Thursday, July 27, 2023, the Katz Women’s Surgical Center at Glen Cove Hospital hosted a special dinner to express gratitude and appreciation to the talented plastic surgeons who have played an instrumental role in establishing the center as a destination of excellence. The event also served as an opportunity for reflection on past achievements, celebrating successes and fostering discussions on continual improvements to enhance the patient and surgical experience.

Attended by twelve plastic surgeons, both employed and voluntary within Northwell Health, the dinner brought together key figures from Glen Cove Hospital Senior Leadership, Eastern Region Senior Leadership and Surgery Service Line leadership. The gathering of esteemed professionals set the stage for a productive roundtable discussion.

The roundtable discussion centered on the surgeon’s personal experiences and insights about operating at Katz Women’s Surgical Center at Glen Cove Hospital. Surgeons enthusiastically shared their most enjoyable aspects of working at the center, expressing appreciation for the supportive environment, cutting edge technology and collaborative atmosphere.

The dinner also provided an ideal platform for the surgeons to share any immediate changed they deemed necessary to enhance the surgical center’s functioning further. Open and constructive dialogue allowed for actionable feedback and immediate steps toward addressing concerns, reaffirming the commitment to continuous improvement.

Furthermore, the event aimed to envision the future of Katz Women’s Surgical Center. The surgeons offered valuable perspectives on potential modifications and enhancements, ensuring the center remains at the forefront of innovation and women’s surgical care. This collective vision for the future inspired all attendees to work together towards elevating the center to new heights of excellence.

Overall, the dinner served as a testament to the strong partnership between plastic surgeons and the leadership teams, reinforcing the shared commitment to delivering outstanding surgical Care. As Katz Women’s Surgical Center continues to thrive as a hub of excellence in plastic surgery, this event underscored the importance of collaboration, communication, and a patient- centric approach to achieving new milestones and offering the best possible care to patients.

Left to Right: Kerri Scalon CEO, Dr. Lauren Shikowitz-Behr, Dr. Haritha Veeramachaneni, Dr. Susan Palleschi, Dr. Diana Yoon-Schwartz

Resident & New Member Night

(Past member) — Mon, 03 Jul 2023 19:12:37 GMT

The Executive Council of the New York Society of Plastic Surgeons (NYSSPS), would like to thank all the residents and new members who joined us us at last week's Resident & New Member Night. We are honored to have had the opportunity to host such an great group of professionals.

We would also like to express our appreciation for your support of NYSSPS. Your participation within the association and your contributions to the plastic surgery community as a whole will shape the future of our field.

We look forward to continuing our collaboration and working together.

Albany Lobbying Day was a huge success!

Wed, 03 May 2023 19:26:53 GMT

The New York State Society of Plastic Surgeons is busy growing and advocating for our members.

This week NYSSPS spent the day at the New York State Capital and in the Legislative Office Building meeting with policymakers on issues affecting NYS Plastic Surgeons.

The Albany Lobbying Day was a huge success. The day was packed with meetings of the standing chairpersons of the Senate and Assembly health, insurance, and higher education committees. The Albany Agenda included priorities that affect physicians on a daily basis, such as prior authorization, truth in advertising, out-of-network reimbursement, access to breast reconstruction and patient safety, to name a few. The coordination of the successful day was made possible by the organization of our Executive Director, Lisa Alteri and Capital Health Consulting with NYSSPS. NYSSPS leadership thank the members that shared their time and their voice to advocate for NYS Plastic Surgeons. We are excited to continue building relationships with New York State legislators and policymakers to create meaningful changes to improve plastic surgery care in the future!

Curbside Consultations: Patient Safety and Legal Risks

Mon, 01 May 2023 18:40:35 GMT

Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company

Informal, or “curbside,” consultations among healthcare practitioners represent an important part of clinical practice and help to promote a collegial relationship in both the clinic and hospital settings. These types of informal consultations can increase knowledge among practitioners and may also improve the care and treatment of patients who present with complex comorbidities, often resulting in more favorable outcomes. Informal consultations do, however, include inherent risks for the consulting practitioner. This article answers questions that our patient safety risk managers routinely address about the potential liability of unofficial professional consultations.

Do practitioners who provide curbside consultations risk being sued?

Risks are involved if the expectations between the practitioners are not clearly communicated at the outset of the dialogue. In a classic scenario, the consulting practitioner is sued by a patient the practitioner has neither met nor examined—and certainly doesn’t remember months or years later after a problem has developed and litigation has been initiated.

Invariably, the consulting practitioner who offered the informal advice made no written record of the encounter that could later support the basis for the recommendations. As a result, the consulting practitioner has little evidence to defend the care other than possibly relying on an established routine or habit and practice when attempting to explain the recommendations discussed. The risk of being named in litigation increases significantly if the requesting practitioner identifies the consulting practitioner by name in the patient’s record and summarizes the general nature of the conversation.

What are the legal issues raised by curbside consultations?

A consulting practitioner who provides informal advice could be named in a lawsuit if a patient suffers harm because the requesting practitioner relied on the consultant’s information to make a treatment decision. Both practitioners could be liable if the information failed to conform to community standards and was a proximate cause of the patient’s injury. The probability that both would be named as defendants would depend on the content of the documentation made regarding the consultation, the nature and extent of the patient’s injury, and the information revealed during litigation.

The preliminary legal questions to be evaluated in cases involving curbside consultations are: (1) Did a practitioner-patient relationship exist between the consulting practitioner and the patient, and (2) did the consulting practitioner, therefore, owe a duty of due care to the patient consistent with what similarly trained practitioners would have done under the same or similar circumstances?

For each affirmative response to the questions below, the likelihood increases that a curbside consulting practitioner could be named as a defendant and face possible monetary exposure for civil damages should the matter proceed to trial or arbitration:

Did the requesting practitioner provide detailed facts that included the patient’s history, comorbidities, and laboratory data?
Did the consultant personally review any portion of the patient’s record?
Did the consultant speak directly with the patient or conduct even a cursory physical examination at bedside?
Did the consultant recommend or order any specific tests, therapies, medications, or other treatment modalities?
Did the consultant follow up with either the requesting practitioner or the patient?
Most importantly, did the consultant submit a bill for services rendered?

What kinds of informal consultation cases have been litigated?

Our closed claims analyses revealed multiple cases in which informal consultations took place between practitioners and the patient ultimately suffered serious cardiac, obstetric, neurologic, hemodynamic, or other untoward sequelae. Both practitioners were named in the subsequent malpractice action. In some cases, the consulting practitioner shared in liability for the final outcome based on the degree of involvement. (See the factors outlined in the question above.)

Curbside consults have also moved to electronic communications. Does a practitioner’s professional liability insurance cover consulting with other practitioners through electronic means?

It does not matter if the curbside consultation is electronic (via email, text, or telephone) or an in-person, face-to-face encounter. Due to the advent of metadata technology, the electronic footprint of the interaction exists virtually forever. The issues with informal consultations, regardless of the mode, remain the same. The fact that an email, text, or other electronic format allows practitioners who are miles—or states—apart to communicate can, however, also lead to other issues, such as privileging, credentialing, and licensure in the state where the patient resides. Professional liability insurance does not typically cover a practitioner for practice in a state where the practitioner is not licensed.

What patient safety issues are raised by curbside consultations?

From a patient safety standpoint, a verbal or electronic exchange between practitioners may lack the patient’s complete clinical picture (which should include a detailed history, an explanation of presenting signs and symptoms, identification of prescription and nonprescription medications, comorbidities, findings on physical examination, and related issues).

By responding without having all the pertinent information, the consulting practitioner may provide advice that is not in the best interests of the patient. It may result in an incorrect diagnosis, the formulation of an incorrect treatment plan, or a delay in ordering and implementing appropriate therapies. If the patient is harmed as a result, the consulting practitioner could be named as a defendant in a claim.

In analyzing closed claims, we have learned that incomplete or poor communication among practitioners is one of the leading causes of bad outcomes. This represents a major risk with informal consultations: Communication of all the necessary information to obtain and provide good clinical advice is critical.

What criteria can be used to determine whether a situation is low risk or one that requires a formal consultation?

If the requesting practitioner’s questions go beyond the low-risk scenarios described below, a formal consult should be obtained instead.

Questions are for the general education of the requesting practitioner and are not specific to the patient.
No request is made to confirm or make a diagnosis.
No record review is required.
No questions are raised about ordering specific tests or studies.
The questions are straightforward and require only simple answers and nonspecific advice.

What can practitioners do to protect themselves?

At the outset of the encounter, clear communication must take place between the practitioners that identifies the nature of the inquiry and the type of guidance being solicited. Curbside consultations are tempting to busy practitioners because they are convenient and speedy—the very reasons to avoid engaging in this practice. Also, consulting practitioners are not compensated for the time, expertise, and potential liability exposure involved. If you decide to assume this risk, consider the following strategies:

Clarify the nature of the consult; advise the requesting practitioner that a curbside consultation should not be considered a formal consultation.
Consider the facts not provided.
Keep the consultation brief.
Make sure the requesting practitioner is aware that the advice given is not a treatment decision.
Refrain from using email or text messages as a method of informal consultation. (For more information, see our article “Smartphones, Texts, and HIPAA: Strategies to Protect Patient Privacy.”)

If the requesting practitioner continues to insist that you render a treatment decision or makes serial inquiries about the same patient, we advise that you firmly but respectfully request making a formal and documented consultation instead. This approach helps to promote optimum patient care and protects the practitioners from possibly frivolous malpractice claims in the event of an unexpected or adverse outcome.

Hochul vetoes expansion of New York's wrongful death law

Tue, 31 Jan 2023 14:47:39 GMT

A bill that would have expanded New York's wrongful death law to cover emotional anguish and allow a broader set of people to bring claims was vetoed by Gov. Kathy Hochul on Monday night.

The move was not unexpected: Hochul on Monday had proposed a last-minute compromise with legislators that would have narrowed the focus of the bill and exempt medical malpractice claims. State lawmakers who sponsored the wrongful death proposal rejected the idea.

Hochul's veto of the measure, one of the final outstanding pieces of legislation last year and one of the more controversial to land on her desk, will likely be cheered by local government organizations, the insurance industry and medical groups that had opposed the bill on the grounds it would have led to higher insurance premiums as a result.

Current law covers claims under pecuniary, or financial, losses in wrongful death claims. The measure would have made it easier to bring lawsuits under emotional anguish claims in New York. The proposal would also have extended the statute of limitations from two years to 3-1/2 years in wrongful death cases.

In her veto message, Hochul wrote the law was approved last year by lawmakers "without a serious evaluation of these massive changes on the economy, small businesses, and the state's complex health care system."

Hochul added she's willing to continue talks over the proposal to reach a compromise.

Read the full article here

ICYMI: Governor Hochul's Op-Ed in the New York Daily News: Let's Agree on Helping Grieving Families Before Today's Midnight Deadline

Mon, 30 Jan 2023 18:24:21 GMT

Today, the New York Daily News published an op-ed by Governor Kathy Hochul on the Grieving Families Act ahead of tonight's deadline for action. Text of the op-ed is available below and can be viewed online here

There has been much discussion about the merits of changing New York's wrongful death statute, first enacted in 1847. The law today allows individuals to recover monetary damages for the loss of a loved one, measured in economic impact, without compensating for the emotional toll.

As a parent, I know how precious our children are to us, and I know how devastating it must be for a family to learn that under New York law the life of their child is less valuable than someone older who earns a salary. I also recognize that the law as it currently stands, valuing lives based on earning potential, reinforces historic patterns of structural inequity and racism. This is one of many areas of unfairness that remain in our legal system, we must never give up on the important work of making needed change.

I have heard the painful stories from many families of children lost in devastating accidents, who simply want justice and to know that the life of their child has value in the eyes of the law. And I agree with them.

The question is how. Last year, the Legislature passed a bill, the Grieving Families Act, that would effectuate a complete overhaul of the wrongful death framework. It would dramatically expand beneficiaries, categories of damages, and the statute of limitations.

Experts have highlighted concerns that the unintended consequences of this far-reaching, expansive legislation would be significant. It is reasonable to think that the legislation as drafted will drive up already-high health insurance premiums, adding significant costs for many sectors of our economy, particularly hospitals that are still recovering from the pandemic and struggling to stay afloat — including public hospitals that serve disadvantaged communities. This is a question that would benefit from careful analysis before, not after, passing sweeping legislation.

This bill passed at the very end of the legislative session; the bill was approved in committee and voted on by both the Assembly and Senate, in full, on the very same day. What was missing was a serious evaluation of the impact of these massive changes on the economy, small businesses, individuals, and the state's complex health care system.

This is an incredibly emotional and complex issue, and one that must be handled with thoughtfulness and balance: our goal must be to deliver justice for grieving families without sending the economy into distress.

I believe that families who have lost loved ones unjustly should be able to receive meaningful compensation, and want to do the hard work necessary to find solutions that strike the right balance. As a first step, I have suggested to the Legislature that we amend the legislation and sign into a law a version that would give parents of children who have tragically died in accidents the opportunity to seek meaningful accountability for their heart-wrenching loss while, for the time being, exempting far more costly medical malpractice claims.

This approach recognizes that expanding the wrongful death framework must be done in a methodical, smart way. It would give us time to look at data and grapple with complex issues, such as our state's unique constitutional prohibition against limits on damages.

Regardless of whether the Legislature agrees we should take some first steps toward expanding access to justice, the impacts of changing the wrongful death law in New York, looking at empirical data and the experiences of other states, should be analyzed. This will help ensure we have the information we are lacking now as we evaluate any more significant expansions to the law.

We must fully understand the impacts of potential changes on small businesses, families, doctors and nurses, struggling hospitals in underserved communities, and the overall economy to ensure that undesired consequences don't overshadow the good we can do for grieving families.

With no agreement to the fair proposal my administration made a month ago, there is a risk that the time will expire for action by midnight tonight. And that would be just one more insult to the grieving families that are looking to us to do the right thing.

I urge the Legislature to join me in taking a meaningful step forward so that parents who are grieving the loss of their children from accidents can finally receive justice they have been denied for the last 176 years.

Commentary: Fix the flaws in New York’s Grieving Families Act

Wed, 25 Jan 2023 17:31:18 GMT

The bill as it stands has serious problems -- but addressing them shouldn't be complicated.

Benjamin C. Zipursky
Jan. 22, 2023

Gov. Kathy Hochul apparently remains in a state of indecision about whether to sign the Grieving Families Act, a major overhaul of New York’s wrongful-death statute. The bill was first passed in June of 2022, but the governor was not able to decide by the year’s end, so she persuaded the state Senate to give her until January 30 to deliberate.

The governor is right to be ambivalent. New York’s law is badly in need of liberalization; it is perhaps the most regressive in the nation, and the Senate and Assembly were almost unanimous in passing this bill. Nonetheless, the insurance, medical, and business communities protesting its risks to New Yorkers are not crying wolf: The bill as it stands has deep flaws, and there is no reason to trust – as legislators sometimes propose – that the courts will be able to deal with the problems.

Read the full article here

Letters: Readers' early concerns for the 2023 state Legislature run the gamut from climate to legislative pay raises

Thu, 19 Jan 2023 21:37:07 GMT

Hochul should veto liability legislation
Neal Sullivan, Mahopac

In the face of stubbornly high costs, Gov. Kathy Hochul's veto is a powerful tool for fiscal responsibility.

The governor has already rejected legislation that would increase costs to consumers and the state. She should do the same with another bill headed to her desk that would make insurance dramatically more expensive.

The bill, known as S74A, would radically expand the size of awards in wrongful death litigation, as well as who can file such lawsuits. This will be a body blow to budgets for the state and local governments, which are often targeted in wrongful death claims.

But the damage doesn't stop there. Insurers will be forced to raise costs to cover inflated payouts. As a result, businesses will have to raise prices. Healthcare providers will have fewer resources available to care for patients. Meanwhile, governments will need to choose between cutting vital services and raising taxes.

Ordinary New Yorkers will pay the price.

Higher insurance costs will directly hit household budgets across New York.

According to an actuarial analysis by Milliman Inc., an 11.1 percent increase in annual premiums across the board is expected for residents and businesses. Given that about a third of American adults cannot cover a $400 emergency expense with cash alone, such an increase is a recipe for disaster.

With government and family budgets alike under strain, S74A will be catastrophic. Hochul must veto this bill.

The writer is past chairman of the Putnam County Legislature

Read additional opinions here

NY vaccine mandate for healthcare workers 'null, void' following judge ruling

Tue, 17 Jan 2023 16:11:32 GMT

A state Supreme Court judge ruled on Friday that the Governor and the New York State Department of Health overstepped their authority when mandating COVID-19 vaccines for healthcare workers.

See the update here

New York Amends Its Labor Law Restricting Mandatory Overtime for Nurses

Wed, 11 Jan 2023 16:12:00 GMT

On Dec. 30, 2022, Gov. Hochul signed a bill (A.286/S.1997) that amends New York Labor Law § 167. Originally enacted in 2009, Section 167 restricts “healthcare employers” from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions, where the overtime is during or due to:

A health care disaster that increases the need for healthcare personnel;
A federal, state or county declaration of emergency;
An unforeseen emergency, and necessary to provide safe patient care that could not be prudently planned for by the employer and does not regularly occur; or
An ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence is needed to ensure the health and safety of the patient.

Read the full article here

Governor Hochul Announces Plans to Build a Stronger Health Care System for the Future

Wed, 11 Jan 2023 16:10:08 GMT

Governor Kathy Hochul today announced a series of bold proposals aimed at building a stronger health care system for New York State’s future and providing high-quality care for all New Yorkers as part of the 2023 State of the State. These proposals will transform the cost and delivery of care, address the most pressing health needs facing New Yorkers – especially those from underserved communities – and prepare for future public health emergencies.

“ Through wise investments, careful planning, and the devoted efforts of the health care workforce, New York’s health care system is among the best in the nation,” Governor Hochul said. “But as we quickly learned during the pandemic, there are disparities in this system and areas that are strained. These proposals seek to address existing gaps in care, while also planning for future needs, so that all New Yorkers have access to strong and equitable health care.”

Building on the historic $20 billion multi-year investment beginning in the FY 2023 Budget, Governor Hochul is proposing measures to build a comprehensive and evidence-based strategy for the health care system. These initiatives are also aimed at strengthening the foundation of the system to address the critical needs of New Yorkers and preparing for future emergencies by establishing a nation-leading public health disease monitoring and surveillance system.

Hochul hears from all sides in fight over wrongful death payouts

Tue, 10 Jan 2023 20:58:49 GMT

ALBANY — Pitting physicians against trial lawyers, a major lobbying battle is intensifying behind the scenes concerning a proposed revision to a wrongful death statute that has been on the books for 175 years.

The doctors want Gov. Kathy Hochul to veto the legislation — the Grieving Families Act — now sitting on her desk. The lawyers are urging her to sign the measure after it was overwhelmingly approved this year by both chambers of the Legislature.

Hochul could also insist on amendments to the bill. But exactly what she will do remains a matter of speculation.

The umbrella group for county governments — the New York State Association of Counties — is asking Hochul to veto the measure.

The counties have advised the governor’s office they are concerned that the legislation could lead to county taxpayers being used as a “piggy bank” to make whole individuals who are primarily to blame in wrongful death cases.

Seven thousand nurses at two New York hospitals launch open ended strike

Mon, 09 Jan 2023 17:05:45 GMT

Over seven thousand nurses at two of New York City’s largest private hospitals, Montefiore Medical Center in the Bronx and Mount Sinai Hospital on Manhattan’s East Side, began a strike Monday morning after the expiration of their contracts on December 31.

The walkout, the latest in a wave of strikes to hit the healthcare industry, comes nearly three years after the onset of the pandemic exposed and exacerbated the crisis at hospitals in New York and beyond. The strike is a reflection of the determination by nurses to take a stand for hospital conditions that prioritize worker and patient well-being over industry profits.

New York Employers Cannot Afford to Drop the Ball This New Year

Thu, 05 Jan 2023 19:02:52 GMT

In 2022, New York state and New York City continued to enact critical labor and employment laws that directly affect businesses of all shapes and sizes. Employers should familiarize themselves with these new laws and update their policies to stay compliant.

New York Updates Return-To-Work Protocols for Healthcare Personnel

Wed, 14 Dec 2022 16:29:22 GMT

The New York Department of Health has circulated a revised advisory on return-to-work protocols for healthcare personnel after infection or exposure to COVID-19. The new protocols, dated Nov. 30, will supersede the department's earlier protocols, dated Feb. 4, and align New York with the current recommendations issued by the Centers for Disease Control and Prevention (CDC).

The department's advisory, which has been circulated to providers, but not yet posted to the department's COVID-19 Guidance Repository, includes protocols for returning to work, largely dependent on whether the healthcare facility is operating under conventional, contingency or crisis strategies to mitigate staffing shortages.

Read the full article here

New York State Expands Workplace Protections for Nursing Employees

Tue, 13 Dec 2022 16:11:56 GMT

New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective May 31, 2023. The new law builds upon already-existing requirements under the Labor Law to provide reasonable unpaid break time (or permit employees to use paid break time) to express milk in the workplace for up to three years following the birth of a child, and to “make reasonable efforts” to provide a room or other location, other than a restroom, to express milk in private.

Under the amended law, employers are required to provide break time to nursing employees “each time such employee has reasonable need to express breast milk” for up to three years following the birth of a child. In addition, upon request, employers are required to designate a room or other location (other than a restroom or toilet stall) which can be used by nursing employees to express breast milk. Such room or other location must be a place that is: (i) in close proximity to the employee’s work area; (ii) well lit; (iii) shielded from view; and (iv) free from intrusion from other persons in the workplace or the public. The room or other location must also provide, at a minimum, a chair, working surface, nearby access to clean running water and, if the workplace is supplied with electricity, an electrical outlet. If the workplace has access to a refrigerator, employees must be permitted to access the refrigerator for the purposes of storing expressed milk.

Employers will be required to provide notice to all employees as soon as practicable once a room or other location has been designated for use by employees to express breast milk. If the sole purpose or function of the room or other location is not dedicated for use by employees to express breast milk, it must be made available to such a nursing employee when needed and cannot be used for any other purpose or function while in use by a nursing employee.

If compliance with these requirements would impose an undue hardship on an employer “by causing significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business,” the employer is required to make “reasonable efforts to provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where an employee can express breast milk in privacy.”

The law requires employers to maintain a written policy regarding the rights of nursing employees, including specifying the means by which a request may be submitted to an employer for a lactation room, and requiring the employer to respond to such request within a reasonable timeframe, not to exceed five business days. Employers are required to provide the policy to all employees upon hire, annually thereafter, and to employees upon return to work following the birth of a child.

See the full article here

NYC Bill Would Ban Firing Most Workers Without a Good Reason

Thu, 08 Dec 2022 16:19:25 GMT

A New York City lawmaker is trying to ban most companies from firing workers without good reason, which could transform the balance of power between bosses and their employees.

Most US employees work “at-will,” allowing companies to legally terminate them for almost any reason, or for no reason at all. In contrast, under a bill being unveiled Wednesday, New York City employees’ jobs would be legally protected unless their boss could demonstrate misconduct, unsatisfactory performance or a genuine economic need to eliminate their position. Workers who believe they are terminated without “just cause” would be able to bring claims before city enforcers, arbitrators or state court judges.

COVID resurgence prompts new CDC mask guidance for Long Island and parts of NYC

Wed, 07 Dec 2022 16:30:31 GMT

NEW YORK -- It's the season of giving, but be wary of giving your family members COVID.

The virus is rebounding in five New York counties.

CBS2's Christina Fan has the recommendation from the Centers for Disease Control.

Streets are bustling, masks are off, and capacity limits are gone. It feels as if COVID has been eradicated, but numbers indicate it's very much still here.

"There are still variants going around. I know someone who has it right now," said Brooklyn resident Darryl Obee.

The CDC is recommending indoor mask-wearing in five New York counties in its latest COVID data tracker report.

The Bronx, Brooklyn, Queens, Nassau, Suffolk counties are all in the orange, with positivity rates between 7-10%.

There's good news, though.

"We are still seeing that most people who have had their vaccine are still having milder symptoms than those who have not," said Dr. Frederick Davis.

Read the full article here

Tips for complying with NYC’s salary transparency law

Mon, 05 Dec 2022 20:04:40 GMT

What does 4 or more employees mean? For purposes of employer coverage, not all four employees have to work in the same location or even in New York City. Thus, an employer may have one employee working in New York City and still be covered by the law. “Employees” include owners and independent contractors. Employment agencies are also covered, regardless of size, but temporary staffing firms seeking applicants to join their pool of candidates are not.

What is considered an “advertisement”? An “advertisement” is a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of candidates,” and includes, without limitation, postings on internal bulletin boards, the Internet, and printed flyers as well as in newspapers. Importantly, there is no requirement for an employer to “advertise” an available job, promotion, or transfer opportunity. Accordingly, employers may hire, promote or transfer without such an advertisement.

Does the law apply to remote jobs? Yes. While the place of performance must be, at least in part, in New York City, performance could be in-person (e.g., at an office or client site) or remote (e.g., at home).

How specific does the advertised salary or hourly wage range need to be? Certain ranges will simply not comply with the law, such as “$15 per hour and up” or “maximum of $50,000 per year.” These ranges do not comply because they do not include a minimum and maximum salary or hourly wage. However, employers are permitted to post “ranges” such as “$15 per hour” or “$50,000 per year” if there is no flexibility in compensation. This is permissible because, in effect, the minimum and maximum salary or hourly wage are the same, and thus there is no “range” between the two. Further, the law does not prohibit employers from offering a job, promotion, or transfer opportunity outside of the disclosed range, but the range must still represent what the employer in good faith believed at the time of the posting it would pay for the position.

What is included as part of “salary”? Salary includes “the base annual or hourly rate of pay regardless of the frequency of payment,” but does not include other forms of compensation or benefits—for instance, paid time off, insurance and retirement benefits, bonuses, commissions, stock, etc.

What are the penalties or remedies for noncompliance? Although civil penalties are limited where an employer timely cures a violation, the NYCCHR still has authority to require an employer to engage in forms of affirmative relief, such as pay money damages to affected employees, amend an advertisement, and provide employees notice of their rights. Moreover, an uncured first violation may cost an employer up to $250,000.

New York doctors urge Hochul to veto wrongful death bill

Wed, 30 Nov 2022 17:00:22 GMT

(The Center Square) – Medical professionals have joined a coalition of businesses and local elected officials in calling for New York Gov. Kathy Hochul to veto a bill that would reform the state’s law for wrongful death litigation, which dates back more than 170 years.

Opposition to the bill has grown larger, with two prominent OBGYN’s saying they fear it could impact healthcare in the state.The doctors penned separate guest editorials in The Buffalo News and the Albany Times Union over the weekend, arguing liability insurance premiums could rise by as much as 45%. It would be a $60,000 annual increase for some New York OBGYN’s, if the governor signs Assembly Bill A6770/Senate Bill S74-A into law.

The bill would allow plaintiffs in wrongful death cases to sue for noneconomic losses. If signed into law, New York would join more than 40 states allowing people to seek financial compensation for emotional loss.

Proponents say the bill covers children, seniors, non-traditional families, and those whose households have little or no income. They say the current law only allows courts to measure an alleged victim’s worth by how much they made.However, Dr. Christine Herde, who chairs the American College of Obstetricians and Gynecologists, District II, said in The Buffalo News, the bill could threaten reproductive freedom in the state.

New York Enacts Law Prohibiting Discipline for Legally Protected Absences

Tue, 29 Nov 2022 16:26:14 GMT

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically, the amendment prohibits employers from “assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action” based upon the use of “any legally protected absence pursuant to federal, local, or state law.” The law likewise makes it unlawful for employers to fire, threaten, or otherwise discriminate or retaliate against employees for their use of lawful absences. The law takes effect on February 19, 2023.

The New York State Department of Labor (NYSDOL) can issue civil penalties up to $10,000 for violations of section 215 and up to $20,000 for subsequent violations. The NYSDOL can also order reinstatement and award back pay, front pay, and liquidated damages. Individuals who bring suit in court for violations of the NYLL can also recover monetary damages, including, but not limited to, liquidated damages.

Employers may wish to review the above requirements to ensure their practices comply with the new obligations articulated in the law.

See the article here

GOV. HOCHUL SIGNS LEGISLATION TO PROTECT PATIENTS WITH MEDICAL DEBT

Mon, 28 Nov 2022 18:41:42 GMT

Press release from governor.ny.gov

Governor Kathy Hochul signed legislation (S.6522A/A.7363A) to protect patients facing steep medical bills that can lead to wage garnishment or liens against their property.

"No one should face the threat of losing their home or falling into further debt after seeking medical care," Governor Hochul said. "I'm proud to sign legislation today that will end this harmful and predatory collection practice to help protect New Yorkers from these unfair penalties. With medical debt a burden for far too many, this is an important step to address this crucial issue."

Legislation (S.6522A/A.7363A) amends the civil practice law and rules to prohibit health care providers from placing home liens on an individual's primary residence or garnishing wages to collect on medical debt. Governor Hochul outlined her goals to protect New York's consumers and improve their financial health in her 2022 State of the State Address, which includes addressing medical debt and protecting consumers from abusive and punitive practices that lead to increased and undeserved financial pressure.

Employment Law Update 2023: New Compliance Obligations for the New Year

Tue, 08 Nov 2022 20:52:24 GMT

By Bruce Sarchet and Joy Rosenquist on November 2, 2022

2022 is coming to a close, and the new year will be here before we know it. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still the number one day for new employment laws to take effect. 2023 will be no exception.

Littler Workplace Policy Institute (WPI) has been tracking a host of new employment laws as they have been debated over the past few months. Below is WPI’s annual summary of some of the notable compliance obligations employers will soon be facing. As in the past, this article is not intended to be an exhaustive discussion of every single new employment and labor law. The article focuses on laws of “general application,” although a few industry-specific laws are mentioned. We also cover most large jurisdictions, but not all, and we do not discuss the host of new minimum wage laws, which are just around the corner.

So get ready—new labor and employment law compliance challenges are here to ring in the new year!

Click here to read about changes in NY.

NYC Wage Transparency Law Goes Into Effect November 1, 2022; Westchester County, NY Wage Transparency Law Goes Into Effect November 6, 2022

Mon, 17 Oct 2022 14:01:34 GMT

Employers who employ individuals who work in New York City should be prepared to comply with the New York City wage transparency law, which goes into effect on November 1, 2022.

In addition, employers who employ individuals who work in Westchester County, N.Y., should be prepared to comply with a similar wage transparency law that goes into effect on November 6, 2022.

Read more about Westchester County and NYC rules here

Governor Signs Legislation During Breast Cancer Awareness Month, Observed in October

Mon, 17 Oct 2022 13:58:39 GMT

Legislation (A.8537/S.7881) Ensures that Breast Cancer Survivors Who Choose Reconstructive Surgery After a Mastectomy Have Proper Insurance Coverage

Read more about the legislation that was signed here

Hochul needs to block NY Legislature’s ‘everybody sue’ lunacy

Thu, 13 Oct 2022 14:01:46 GMT

Amid soaring inflation, a shaky economy and looming state and city budget gaps, the geniuses in the Legislature this year passed a bill to raise costs for New Yorkers further by expanding the state’s wrongful-death law — and thus rewarding lawyers. It’s up to Gov. Kathy Hochul to block it.

Known as the Grieving Families Act, the bill would let survivors sue for personal grief, not just quantifiable monetary expenses. It would also extend the time they have to sue to 3½ years and let unmarried partners and others collect damages.

Lawyers who get a big chunk of the awards will do great. But average New Yorkers will suffer: The extra billions plaintiffs collect won’t fall from the sky, after all; they’ll come largely from insurance companies that’ll pass costs to customers. Businesses that are hit will, in turn, jack up prices or trim workers to save money.

Health-care providers will be especially hurt: Medical Society prez Dr. Parag Mehta cites actuarial estimates predicting a 40% hike in malpractice premiums for private doctors and 45% for hospitals. The New York Business Council’s Lev Ginsburg fears the bill will force physicians to deploy “defensive medicine,” such as ordering extra tests to protect them from potential suits. Others warn of doctors fleeing the state.

In brief: employee termination law in the USA (New York)

Mon, 03 Oct 2022 18:35:43 GMT

Acces the full article on Lexology here

State procedures

Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?

New York State has no laws regarding discipline and grievance procedures (other than those which may arise indirectly in connection with generally applicable laws, such as those regarding discrimination).

However, on January 5, 2021, New York City amended its Fair Work Week Law, to require New York City fast-food employers to have a written progressive discipline policy, which clearly explains key terms, rights, roles, and responsibilities, including, but not limited to:

probation periods for new employees, which cannot exceed 30 days from the date of hire;
descriptions of progressive discipline system, including its sequential steps, strikes, or other graduated responses;
descriptions of employee conduct or behavior, including specific examples, that would trigger progressive discipline and the type of discipline associated with each type of infraction; and
descriptions of employee conduct or behavior, including specific examples, considered egregious misconduct or egregious failure to perform job duties.

Employers must give a written copy of the policy to fast food employees: (1) when they start work; (2) within 14 days of any changes to the policy; and (3) upon employee request. Further, employers must keep records of the progressive discipline policy, namely (1) copies of the policy; (2) time period (effective dates) of the policy; (3) date employees received the policy; and (4) proof that employees received the policy.

At-will or notice

At-will status and/or notice period?

New York is an employment at-will state, meaning that both an employer and an employee may end an employee’s employment at any time, for any reason, with or without cause or notice, subject to any agreed upon contractual limitations and in compliance with applicable laws (e.g., anti-discrimination laws). This applies whether an employee voluntarily leaves his or her job or the employer terminates the employee’s employment.

However, on January 5, 2021, New York City amended its Fair Work Week Law, to require New York City fast-food employers to have “just cause” or a “bona fide economic reason” to discharge an employee who has completed his or her probationary period, which cannot surpass 30 days (N.Y.C. Admin. Code §20-1272(a)). The law, which went into effect on July 4, 2021, prevents New York City fast-food employers from discharging employees pursuant to the employment-at-will doctrine. With respect to terminating for “just cause” the law provides, among other things, that employers maintain a written progressive discipline policy and use such progressive discipline before terminating employees for “just cause.” (Id. at §20-1272(c)). With respect to “bona fide economic reason” the law provides, among other things, that layoffs must be pursuant to seniority, such that employees with the greatest seniority will be retained the longest, reinstated, or restored hours first (Id. at §20-1272(h)).

What restrictions apply to the above?

An employer may not terminate an employee based on the employee’s membership in a protected class. Likewise, the New York Labor Law prohibits employers from terminating an employee for his or her off-duty political or legal recreational activities outside of work, legal use of consumable products outside of work, or membership in a union (N.Y. Labor Law § 201-d).

Effective January 26, 2022, New York broadened its whistleblowing and retaliation requirements. Previously, employers were only prohibited from terminating or discriminating against an employee for making a complaint to the employer or the state’s Commissioner of Labor regarding purported violations of the New York Labor Law, including a violation which “creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.” However, in light of the recent amendments, employees, as well as former employees and independent contractors, are protected from retaliatory action if they disclose, or threaten to disclose, to a supervisor or public body an activity, policy, or practice of their employer that: (1) the employee reasonably believes is in violation of any law, rule, or regulation; or (2) the employee reasonably believes poses a substantial and specific danger to the public health or safety. Further, the amendments expand the scope of “retaliatory action” to include any adverse action taken by an employer to discharge, threaten, penalize, or in any other manner discriminate against any employee (or former employee or independent contractor) from exercising his or her rights under the law (N.Y. Labor Law §§ 215 and 740).

Final paychecks

Are there state-specific rules on when final paychecks are due after termination?

Regardless of whether an employee voluntarily leaves his or her job or is terminated, the employer must pay the employee’s wages no later than the regular pay day for the pay period during which termination occurred (N.Y. Labor Law § 191). Wages may be paid by mail, if requested by the employee.

ASPS statement on Breast Implant Associated-Squamous Cell Carcinoma (BIA-SCC)

Mon, 26 Sep 2022 21:56:00 GMT

On Sept. 8, 2022, the Food and Drug Administration (FDA) released a new safety communication about squamous cell carcinoma (SCC) and various lymphomas in the capsule around breast implants. This document is now available to healthcare providers, patients and caregivers on the FDA's Medical Device Safety webpage.

The American Society of Plastic Surgeons (ASPS)/The Plastic Surgery Foundation (PSF) has been in communication with the Food and Drug Administration (FDA) regarding this emerging issue. Data on this topic are limited and evolving; however, the Society would like to provide ASPS members with additional information specifically about Breast Implant-Associated Squamous Cell Carcinoma (BIA-SCC) to support increased clinical awareness and enhanced clinical decision-making as more evidence becomes available.

Medical society leaders: NY’s new liability law threatens access to care (Your Letters)

Sat, 17 Sep 2022 20:42:11 GMT

"Paying more for liability coverage means higher operating costs for private practices, and is likely to force some local facilities to limit care or even close their doors for good. A 40%t increase in insurance premiums is far more than what many doctors’ offices can afford and will result in some pediatricians, radiologists, and general practitioners leaving their practices and moving to states with a less hostile liability environment."

Read the full article here

Top 10 of What Physicians Need to Know About The Healthcare Workers Bonus Program:

Wed, 07 Sep 2022 13:27:25 GMT

1. Physician practices with at least 20% Medicaid patient population are eligible to submit for the bonuses on behalf of eligible employees (listed in the FAQ).

2. 20% Medicaid includes patients enrolled in Medicaid fee for service, Medicaid Managed Care and where Medicaid is secondary.

3. Based upon an e-mail from DOH, the 20% does not include non-Medicaid Child Health Plus, the Essential Plan or Medicare (or other public-supported coverage)

4. The state has not defined what period of time should include the 20%. I think they have left up to the various providers to justify through documentation over some period of time (i.e. 6 months, 1 year, 2 years, etc.)

5. If you can’t complete the documentation for vesting period 1 (employees from 10/1/21 – 3/31/22), for which the submission deadline is today, September 2, you will have another chance to submit for eligible employees in October for Vesting Period 1, in addition to employees for Vesting Period 2 (employees from 4/1/22 – 9/30/22)

6. There are 3 additional employee 6-month vesting periods (5 total) running through March 31, 2024

7. There is a defined formula in the statute for the bonus level for the eligible employees, based upon the number of average hours worked during a 6-month vesting period.

a. 20-30 hours = $500 bonus/vesting period

b. 30-35 hours = $1,000 bonus/vesting period

c. 35 hours or more = $1,500 bonus/vesting period

8. An eligible employee may not receive a bonus for more than 2 vesting periods, with a maximum bonus of $3,000 cumulatively

9. With very limited exceptions, an eligible employee cannot have earned more than $62,500 for a particular vesting period

10. Medical residents and fellows are eligible to receive the bonuses. With some limited exceptions, they remain eligible even if they shifted facilities during a particular vesting period.

Additional resoruces:
FAQs
https://www.health.ny.gov/health_care/medicaid/providers/hwb_program/

With inflation soaring, some lawmakers want to hike New York’s minimum wage rates next year

Tue, 06 Sep 2022 16:19:33 GMT

They also want to follow the lead of 16 states who annually index their minimum wage to inflation to keep up with the cost of living.

Read the full article here

New York Department of Health Extends Deadline and Issues Additional Guidance for Health Care Worker Bonus Program

Thu, 01 Sep 2022 16:45:38 GMT

In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees. On August 29, the DOH issued updated guidance and addressed a number of questions raised under the Program. Notably, the DOH is affording employers a grace period for submitting claims for the first vesting period. The first vesting period was previously slated to close this Friday, September 2, but has now been extended to October 31. Employers impacted by this Program should review the updated FAQs and consult with employment counsel to ensure compliance with the requirements of the complex processes involved.

Read the full article here

New York State legislature takes steps to prevent further medical debt

Tue, 30 Aug 2022 16:28:39 GMT

The New York State Legislature passed two bills aimed at easing medical debt back in May, and a new report indicates they are much needed.

The first bill bans medical liens and wage garnishment; the second regulates the billing of so-called "facility fees," and requires that patients be informed about those fees upfront.

In a report on hospital debt, the Community Service Society of New York found that 112 nonprofit hospitals sued more than 53,000 patients across the state between 2015 and 2020.

Dr. Elisabeth Benjamin, vice president of health initiatives with the CSSNY, said she thinks facility fees help hospitals get money from people when they aren't supposed to be charged.

Read the full article here

Court blocks bid to reinstate OSHA pandemic standard for health workers

Tue, 30 Aug 2022 16:15:04 GMT

Labor unions hoping for permanent workplace safety standards to protect healthcare staff from COVID-19 infections in the workplace were dealt a blow Friday when an appeals court denied an emergency petition they filed.

Unions pushed heavily for the Occupational Safety and Health Administration to implement a federal emergency temporary standard for medical facilities amid shifting guidance from national and local agencies through the first year of the pandemic.

OSHA did so in June 2021 with a rule mandating hospitals and other healthcare facilities follow requirements around ventilation, physical barriers and other protections intended to reduce virus transmission.

In December, the agency then announced it would withdraw the rule though it was working toward a permanent regulatory solution while considering broader infectious disease rulemaking.

Employer Alert: First Deadline to Claim NYS Healthcare Worker Bonus is September 2

Fri, 19 Aug 2022 16:11:10 GMT

As part of its 2023 state budget, New York State has allocated $1.2 billion for the payment of bonuses to certain frontline healthcare workers. This bonus program is intended to reward healthcare workers for their services during the COVID-19 pandemic and to promote employee retention and recruitment in the healthcare sector. Qualified employers who wish to participate in the program must submit claims for bonus payments for all of their qualifying employees.

Read the full article here

Pot Smoker? NYS Says Your Employer Can’t Discriminate – Kind Of

Thu, 18 Aug 2022 16:41:22 GMT

"The New York State Department of Labor clearly states that an employer may not discriminated against any employee who uses cannabis so long as the use is taking place outside of the workplace, outside of work hours, and without the use of any of the employer's equipment or property. Any employer who discriminated against an employee who smokes pot would be a violation of federal law."

"Employers are allowed to create policies which would prohibit employees from performing any and all job duties while impaired by cannabis."

Read the full article here

New York City officials host monkeypox town hall as disease continues to sweep city

Tue, 16 Aug 2022 16:26:43 GMT

More than 2,300 monkeypox cases have been reported in New York City.

New York City officials are holding a town hall Monday to discuss the ongoing monkeypox outbreak as cases continue to climb and thousands of vaccine appointments over the weekend were swept up within minutes.

Currently, there are more than 2,300 confirmed cases in the Big Apple with Manhattan having the most at 917, according to data from the city's Department of Health and Mental Hygiene.

Watch the town hall coverage by ABC News here here

CDC Shifts Approach and Loosens COVID-19 Quarantine Recommendations, including for Most Workplaces

Tue, 16 Aug 2022 16:21:00 GMT

On August 11, 2022, the Centers for Disease Control and Prevention (CDC) once again revised its public health recommendations regarding COVID-19 prevention measures in general community settings, including non-healthcare workplaces. In doing so, the CDC acknowledged that “COVID-19 is here to stay,” and seemed to shift its focus from viral containment to lessening the risk of severe illness and death associated with the virus. Chief among these changes is the CDC’s removal of its quarantine recommendation – individuals are no longer advised that they should quarantine following close contact exposure to COVID-19, regardless of their vaccination status, where they do not experience symptoms or test positive.

Read the full article here and the separate recommendations for healthcare professionals here.

New York judge dismisses surgeon’s lawsuit challenging surprise billing law

Fri, 12 Aug 2022 16:58:22 GMT

A New York federal judge on Wednesday dismissed a surgeon’s legal challenge that sought to roll back key pieces of a federal law that protects patients from surprise out-of-network bills.

Judge Ann Donnelly ruled against the surgeon, finding that the law is constitutional, and dismissed the case for lack of standing and dismissed the surgeon’s request for a preliminary injunction.

Katie Keith, a lawyer and health policy expert at Georgetown University who tracks surprise billing litigation, called the ruling good news for consumers.

Read the full article here

Healthcare Worker Bonus Program

Wed, 10 Aug 2022 15:12:11 GMT

In Governor Hochul’s briefing last Wednesday 8/3/22, she announced the start of the Healthcare Worker Bonus program. This year’s state budget allocated $1.3 billion for health care worker bonuses meeting certain criteria including making under $125,000 and remaining in the position for six months.

The eligible employers have been identified and the state has launched an online portal for employers (Portal: https://www.nysworkerbonus.com/#/).

DOH has new webpage with additional information at: https://health.ny.gov/health_care/medicaid/providers/hwb_program/index.htm

Please find the press release issued by Governor’s Office and the FAQ document posted by DOH linked below.

GOVERNOR HOCHUL ANNOUNCES NEARLY 1,000 NEW FUTURE NURSES AS PART OF ONGOING EFFORTS TO STRENGTHEN AND BOLSTER NEW YORK STATE HEALTH CARE WORKFORCE[15].docx

hwb_program_faq[94][79].pdf

If you have questions, please reach out and let us know or call the HWB Call Center at 1-866-682-0077. The operating hours are Monday through Friday, 8:00 AM until 5:00 PM.

Facing Your Face Mask Duties – A List of Statewide Orders

Tue, 09 Aug 2022 17:39:24 GMT

By Littler Mendelson on August 8, 2022

Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings are not uncommon as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees.

This post, last updated August 8, 2022 at 8:00 a.m. (Central), identifies the jurisdictions where face coverings are recommended or required. We will update this list periodically, as pertinent developments arise.

Note that this list does not include face covering guidance at the local level. If you would like more information, please contact your Littler attorney for additional resources that summarize such requirements at both the state and local level.

Employers interested in related information may wish to consult our article identifying statewide reopening and mitigation protocols.

Access the full article and list of state requirements here

What Employers Need to Know About Monkeypox

Mon, 08 Aug 2022 13:36:37 GMT

Although MPV is less easily transmitted than COVID-19, there are several considerations employers may want to consider in terms of addressing positive MPV cases in the workplace.

1. Safety Prevention Plans:

While the CDC and state and local departments of health continue to study the rate and method of transmission of MPV, and as guidance continues to develop, employers may wish to take proactive measures to educate their employees and avoid misinformation in the workplace. These measures may include communicating to employees how MPV can be transmitted, encouraging employees to remain home when ill, and encouraging employees to take precautions to wash their hands and disinfect their work areas, and maintaining sanitizer and other disinfecting products to help ensure the safety of the workplace. Like COVID-19, plans may vary based on the workplace. For example, the CDC has issued specialized guidance for healthcare and congregate workplace settings: Infection Prevention and Control of Monkeypox in Healthcare Settings.

2. Isolation When an Employee is Diagnosed With MPV:

The CDC advises that individuals who have MPV should isolate and remain outside of the workplace for the duration of their illness, until all symptoms have resolved. This may last anywhere from two weeks to four weeks and may vary by individual.

The CDC has not issued guidance for employers outside of healthcare and congregate setting workplaces.

Employers with employees who test positive for MPV should encourage them to isolate and remain out from work, and to consult with their healthcare providers and local health departments. Local health departments around the country are tracking and issuing guidance on how to address cases of MPV. Employers should review applicable state and local paid leave laws to see if employees are entitled to paid leave due to MPV.

3. Close Contact Notification and Quarantine:

Other than for employers of healthcare and congregate care settings, the CDC has not issued any guidance regarding whether employers should notify employees who have had direct contact with someone positive for MPV while they were symptomatic, to encourage exposed employees to monitor themselves for symptoms. CDC’s guidance for exposure does not recommend quarantine at this time, provided that the exposed individuals remain asymptomatic. Instead, the guidance supports recommending exposed individuals monitor themselves for symptoms for up to 21 days and take their temperatures twice daily. Provided that exposed individuals remain asymptomatic, the CDC guidance states that exposed individuals may continue daily activities, including attending work or school.

It is anticipated that local health departments will become involved in contact tracing when they are alerted by healthcare providers of an MPV diagnosis in their jurisdiction. Employers should check applicable state and local guidance and requirements for employer contact tracing obligations, if any. In the event contact tracing obligations apply, employers should be careful not to disclose the identity of the employee who is ill with MPV.

4. EEO Considerations:

Because one way that MPV can be spread is by sexual contact, employers may want to consider taking steps to avoid the stigma potentially associated with MPV and remind their employees of applicable anti-discrimination and harassment policies. Any policies or memos addressing MPV may want to include language that MPV can be acquired by all people, regardless of gender identity or sexual orientation.

5. ADA Considerations Regarding Protecting Confidentiality, Medical Inquiries, and Exams:

Employers will want to keep in mind the confidentiality obligations under the Americans with Disabilities Act and applicable state and local law. Disability-related medical inquiries and medical examinations of current employees must be job-related and consistent with business necessity.

Read the full article here

New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law

Sat, 06 Aug 2022 16:29:08 GMT

Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated. A new provision was added to the Labor Law, requiring employers to provide paid leave time to employees to obtain each dose. As we previously noted, this statute was intended to sunset on December 31, 2022. However, as this year’s busy legislative session wound down, a bill extending the provision was delivered to Governor Kathy Hochul, who signed off on a 12-month extension of the law’s effective date, through December 31, 2023. Thus, New York employers will be required to provide their employees up to four hours of paid time off for each COVID-19 shot through (at least) the end of next year.

Navigating New York City's Artificial Intelligence Hiring Law

Wed, 03 Aug 2022 16:41:14 GMT

Starting on January 1, 2023, New York City employers that utilize artificial intelligence (AI) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct independent bias audits to ensure that these tools do not have a discriminatory impact on candidates

Full article at: https://www.jdsupra.com/legalnews/navigating-new-york-city-s-artificial-1566015/

Another Voice: Bill to increase wrongful death damages would be devastating to New York doctors and patients

Tue, 02 Aug 2022 16:02:47 GMT

Not very long ago, New York’s physicians and other health care workers were cheered as heroes for their efforts to combat the COVID-19 pandemic. They risked their lives for their patients. They risked the lives of their loved ones as they provided this care.

Many physicians were sickened, and some died. Countless physicians continue to wear the emotional scars from these overwhelming circumstances.

However, the cheers are long forgotten.

Now, the physicians of New York face a potential new disaster, due to a well-intentioned – but egregiously harmful – bill recently passed by the New York State Legislature.

Read the full article here

What Should Employers Do When a Worker Tests Positive for COVID-19?

Mon, 01 Aug 2022 14:58:49 GMT

Employers with workers who test positive for COVID-19 should follow guidance from the Centers for Disease Control and Prevention (CDC), including its guidelines on quarantining and isolation, to minimize safety and legal risks, even though the guidance is somewhat complex.

The Occupational Safety and Health Administration (OSHA) looks to the CDC as a source of guidance on what employers should do to keep workplaces safe, noted Jonathan Segal, an attorney with Duane Morris in Philadelphia and New York City. "OSHA could conclude that failure to comply with CDC guidance on isolation and quarantine violates OSHA's general duty clause," he said.

Further, to the extent that an employer's failure to comply with OSHA guidance results in employee anxiety or fear, this could contribute to the risk of union activity, he added. "Union activity is accelerating, and health and safety is definitely a union-organizing issue," Segal said.

In addition, an employee could bring a personal injury claim if the individual contracts COVID-19 at work due to close contact with an employee who should have been out of work based on CDC guidance. "While workers' compensation should bar the claim, the answer may vary from state to state," he said. "At a minimum, there is the cost and reputational risk of ugly litigation."

Read the full article here

New York Workplace Sexual Harassment Hotline Now Operational

Mon, 01 Aug 2022 14:08:41 GMT

In March 2022, Governor Kathy Hochul signed legislation amending the New York State Human Rights Law to establish a sexual harassment hotline directly to the New York State Division of Human Rights (NYSDHR). The hotline (800-HARASS-3), which is now active, is intended to be staffed by pro bono lawyers experienced in counseling individuals on sexual harassment. Contact with the hotline does not constitute the filing of a harassment complaint, and individuals intending to file a complaint with the NYSDHR would still be required to follow existing procedures for doing so.

Although further guidance to employers will be forthcoming, the amendment requires the NYSDHR to work with the Department of Labor to ensure that “information on the hotline is included in any materials employers must post or provide to employees.” Consequently, in addition to including information on workplace postings, employee policies and handbooks will need to be revised to inform employees of the hotline and its provision of free legal advice and counsel.

The extent to which legal advice and counsel is provided remains to be seen, although the law prohibits the volunteer lawyers from soliciting individuals, who contact the hotline, for further representation.

We will keep you informed on further developments related to this issue once further guidance is issued.

Link to article here

NYC health commissioner provides updates on monkeypox, COVID-19

Thu, 28 Jul 2022 17:43:11 GMT

New York City health commissioner Dr. Ashwin Vasan joined PIX11 on Wednesday to provide updates on the battles against both monkeypox and COVID-19.

See the update on the PIX11 News YouTube channel here.

Breast Reconstruction Market Trends

Thu, 28 Jul 2022 14:44:43 GMT

The global breast reconstruction market is expected to expand at an annual growth rate of 6.7% from 2022 to 2030, per research conducted by Grand View Research. This was announced after the market was valued at $465.3 million in 2021.

Growth in the industry comes from the increasing number of breast cancer patients and the availability of reimbursement policies on procedures. An increase in breast reconstruction procedures, as well as technological advancements, is expected to increase the market growth.

Read the full article here on

NY Extends Paid Leave for COVID Vaccinations Through December 31, 2023

Wed, 27 Jul 2022 17:20:55 GMT

In March 2021, former Governor Cuomo signed legislation providing up to four hours of paid leave for New York employees to receive a COVID-19 vaccine, (codified as New York Labor Law Section 196-C). New York employers should be aware that Section 196-C was recently extended to remain in effect through December 31, 2023. Accordingly, all New York employers should review their COVID vaccination leave policies to ensure that they apply through the new expiration date. Furthermore, New York employers should advise their managers and HR professionals of their New York employees' continued right to this paid leave.

Read the full article by Davis Wright Tremaine LLP on Lexology.com here

Lexology is a web-based service that provides company law departments and law firms with the practical intelligence. By collaborating with commercial law firms, the service offers tailored information sources to the desktops of business lawyers on a daily basis

FDA Approves Use of Renuvion APR Handpiece for Neck and Chin Contouring

Mon, 25 Jul 2022 15:12:04 GMT

Apyx Medical Corporation announced the FDA approval of the Renuvion APR Handpiece for use in subcutaneous dermatological and aesthetic procedures to contract and improve the appearance of lax (loose) skin in the neck and submental region. The FDA’s approval now mean that Renuvion is the only device on the market that is FDA-approved for contraction procedures to reduce lax or loose skin on the neck and chin.

Read the whole article publised on medestheticsmag.com by Rebecca Lane here

The Latest in Multi-Jurisdictional Compliance With Employment Application Laws

Sat, 23 Jul 2022 17:39:39 GMT

"Effective November 1, 2022, New York City will make it an “unlawful discriminatory practice” for employers with four or more employees, and at least one employee in New York City, to post job advertisements, internal promotions, or transfer opportunities without disclosing salary ranges. The ranges may not be open-ended and must include a minimum and maximum salary for the position."
Access the full article by here

NYC, Long Island Stay at High-Risk for COVID in CDC Map Update; NJ Picture Worsens

Sat, 23 Jul 2022 17:36:07 GMT

This time two weeks ago, the five boroughs of NYC were among 667 U.S. counties deemed high-risk for community COVID spread by the CDC. This week, they're five of 1,353.

The number of U.S. counties meeting the CDC's high-risk threshold for COVID spread soared another 18% in the last week and is up a stunning 102% over the last two, marking a four-fold increase in that top threat category in roughly the last month as the so-called "worst version" of omicron yet strengthens its footing in America and the tri-state area.

Read the full article here

Employment Law Alert: Silenced No More Act

Fri, 22 Jul 2022 15:45:59 GMT

Washington now prohibits nondisclosure and nondisparagement agreements between employers and employees relating to certain illegal conduct. The Silenced No More Act was signed into law this spring and makes void and unenforceable any provision in an agreement with a current, former, or prospective employee or independent contractor that bars the employee or contractor from “disclos[ing] or discuss[ing] conduct, or the existence of a settlement involving conduct, that the employee reasonably believed under Washington state, federal, or common law to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, or sexual assault, or that is recognized as against a clear mandate of public policy,” where the conduct occurred “at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and employee, whether on or off the employment premises.” The Act does allow an agreement to limit the disclosure of the amount of a settlement.

It is a violation of the Act by simply requesting or requiring an employee to enter into a covered nondisclosure or nondisparagement agreement, even prior to enforcement. Violation of the Act includes payment of actual damages or $10,000 whichever is more as well as reasonable attorneys’ fees and costs.

The Act is retroactive and invalidates any covered nondisclosure or nondisparagement agreement that were entered into at the outset of employment or during employment. However, any such agreement in the settlement of a prior legal claim remains enforceable but will not be permitted in the future.

Employers will need to understand their new reporting and notification obligations under the law and be aware of the rebuttable presumption for workers’ compensation coverage.

Article by :
https://www.jdsupra.com/legalnews/employment-law-alert-silenced-no-more-9073388/

How the Brazilian Butt Lift Became One of the Deadliest Cosmetic Surgeries

Mon, 18 Jul 2022 18:14:30 GMT

Inadequate regulations make it hard for patients to tell if they are getting a good doctor or a quack.

"The alarming number of problems with Brazilian butt lifts is largely the result of lacking regulations. While plastic and cosmetic surgery may sound synonymous, they are not. Across the US, a couple of months of training earns doctors the right to call themselves a cosmetic surgeon. On the other hand, a plastic surgeon certified by the American Board of Plastic Surgery requires at least six years of specialized training."

Red the full article here: https://www.bloomberg.com/news/articles/2022-07-18/how-the-brazilian-butt-lift-became-one-of-the-deadliest-cosmetic-surgeries

As U.S. Covid hospitalizations climb, a chronic nursing shortage is worsening.

Mon, 18 Jul 2022 16:36:01 GMT

In New York State, the shortage is at an “all-time high,” said Matthew Allen, a registered nurse at Mount Sinai Hospital in New York City and a board member of the New York State Nurses Association. “It’s just historic, more than it’s ever been before,” Mr. Allen said, noting that as of last week, Mount Sinai’s hospital network alone had 771 unfilled registered nurse and nurse practitioner positions.

Read the full article: https://www.nytimes.com/2022/07/15/us/hospital-nursing-shortage.html

Rising tide of COVID cases curbs Staten Island Ferry runs in New York City

Mon, 18 Jul 2022 16:26:47 GMT

NEW YORK CITY (WABC) -- The people who run the Staten Island Ferry have been testing positive for COVID, so the vessels have been running a little less frequently lately.

The NYC Department of Transportation announced from now through July 26, the ferries will run at 20-minute intervals between 6-9 a.m. and 4-8 p.m. weekdays, adding five minutes to the usual rush hour wait times.

https://abc7ny.com/nyc-covid-staten-island-ferry-mask-mandate-new-york/12057208/

FDA recognizes The PSF-supported FACE-Q as a Medical Device Development Tool

Fri, 15 Jul 2022 20:35:26 GMT

The FDA last week announced that it had accepted the FACE-Q as a qualified Medical Device Development Tool (MDDT) – a decision that not only provides the agency with patient perspective when it comes to evaluating new aesthetic treatments, but also national recognition for an idea that came into being thanks to The PSF's grant funding.

Read more about this from ASPS on plasticsurgery.org

The Costs and Consequences of EHR Snooping

Thu, 14 Jul 2022 20:02:45 GMT

It’s a HIPAA violation that occurs every day but seldom makes the headlines. It has the potential to destroy an organization’s reputation, but it comes from within.

Medical record snooping by employees may seem like a victimless offense, but the costs and consequences of EHR snooping are real.

Read the rest of the article from the Compliancy Group on LinkedIn: https://www.linkedin.com/pulse/costs-consequences-ehr-snooping-compliancygroup

Governor Hochul Executive Order on Non-Essential/Elective Surgery in New York

Mon, 29 Nov 2021 22:19:54 GMT

On Friday, November 26, 2021, Governor Kathy Hochul issued an executive order suspending non-essential/elective surgery in hospitals where the associated hospital bed capacity is less than 10%. The Executive Order goes into effect on Friday, December 3rd and will be re-evaluated based on the latest COVID-19 data on January 15, 2022. View the Executive Order.

Open Notes in Healthcare: The Good, the Bad, and the Ugly of the Cures Act

Wed, 04 Aug 2021 13:39:38 GMT

On April 5, 2021, a requirement of the 21st Century Cures Act went into effect: Patients must be able to access information in their EHRs “without delay.” (This requirement does not apply to paper records.) The Cures Act prohibition against information blocking, often referred to as an “open notes” provision, provides patients with transparency in the outcomes of their healthcare via convenient access to information in their EHR, which can positively or negatively impact the patient-doctor relationship.

The good news: Many patients feel better about their provider after reading a note. Positive effects on the patient-provider relationship may be most significant among vulnerable patients, such as those with fewer years of formal education.

The bad news: Concerns about open notes mainly revolve around the potential for conflicts with patients and potential time conflicts.

Concerns include:

Timing: The originally planned implementation date for the open notes provisions in the Cures Act was November 2020. Because of the COVID-19 pandemic, this was pushed back to April 2021.
Uncertainty about the documentation process:Most patients will not understand clinical shorthand, and providers may need added time for explanation.
Technology: Some EHR vendors are still racing to provide services that allow practices to remain in compliance with the Cures Act.

The ugly news: More frequent requests for records changes from patients could increase already weighty administrative burdens on providers. Worse, some of these requests will be for changes providers cannot support, and making time for careful conversations with patients and providing written responses for requests that are rejected will be a challenge.

When composing notes, certain simple strategies will raise the odds that notes will be well understood and well received. Beyond being clear and succinct, strategies for success include composing at least a portion of the note as instructions directly addressed to the patient and providing a list of commonly used medical terms and abbreviations.

For an in-depth review of strategies for success when composing notes, see 12 Strategies for Success With Open Notes in Healthcare: The Cures Act

Unless an exception applies, clinical notes must not be blocked, but the Cures Act allows for a fairly long list of specific, well-delineated exceptions.

For information regarding exceptions to open notes, please see What Open Notes Exceptions Does the Cures Act Allow?

Chad Anguilm, MBA, is Vice President, In-Practice Technology Services, Medical Advantage, part of TDC Group. Richard F. Cahill, JD, is Vice President and Associate General Counsel, The Doctors Company, part of TDC Group. Kathleen Stillwell, MPA/HSA, RN, is Senior Patient Safety Risk Manager, The Doctors Company, part of TDC Group.

NYS Department of Financial Services (DFS) Once Again Extends Audio-Only Telehealth Coverage

Thu, 08 Jul 2021 16:13:43 GMT

reposted from: MSSNY eNews July 7, 2021 edition

The latest emergency regulation from DFS, released on Wednesday, July 7th, continues coverage for Telehealth services delivered via audio-only until at least October 1st. However, it is unclear if DFS will renew come October, making clarifying legislation potentially necessary.

Please note that last year a statute was enacted that requires Medicaid to cover audio-only Telehealth. The New York State Department of Health (DOH) recently issued a guidance document for how Medicaid will continue to cover Telehealth services, including audio-only services.

To view the latest extending regulation, click here.

GW Legal Alert: OSHA ISSUES EMERGENCY RULES FOR HEALTHCARE EMPLOYERS AND UPDATED GUIDANCE FOR ALL EMPLOYERS

Thu, 24 Jun 2021 16:28:29 GMT

On June 10, 2021, OSHA issued an Emergency Temporary Standard (the “Standard”) specific to COVID-19, including health screening mandates and COVID-specific protocols, and paid leave requirements for certain healthcare providers. The Standard generally enforces CDC protocols that have been recommended during the pandemic. On the same day, OSHA also issued “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” for all other employers (the “Guidance”). The Guidance focuses on protections for unvaccinated or otherwise “atrisk” workers, who are described as those that “cannot be protected through vaccination, cannot get vaccinated, or cannot use face coverings.” The Guidance notes that, unless otherwise required, most employers no longer need to take steps to protect fully vaccinated workers who are not otherwise at-risk from exposure to COVID-19 in the workplace, or well-defined portions of the workplace, where all employees are fully vaccinated.

Click here to download the complete article

Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency

Wed, 23 Jun 2021 21:30:00 GMT

Governor Andrew M. Cuomo today announced that New York will end the state disaster emergency declared on March 7, 2020 to fight COVID-19. Given New York's dramatic progress against COVID-19, with the vaccination rates, and declining hospitalization and positivity statewide the state of emergency will expire after Thursday, June 24.

Federal CDC guidance will remain in effect, which includes masks for unvaccinated individuals, as well as all riders on public transit and in certain settings, such as health care, nursing homes, correctional facilities, and homeless shelters.

We will keep you abreast of any guidance coming out of the New York State Department of Health.

To see the governor’s complete release visit: https://www.governor.ny.gov/news/governor-cuomo-announces-new-york-ending-covid-19-state-disaster-emergency-june-24

RECONNECT WITH COLLEAGUES DURING THIS YEAR'S ANNUAL MEMBERSHIP DINNER MEETING!

Wed, 16 Jun 2021 14:36:59 GMT

Featured Highlights for This Year's Meeting

View Resident Research on Quality, Advocacy and Public Policy Issues
Engage in Discussions on Emphasizing Innovation within Plastic Surgery and Maintaining a Competitive Advantage
Network with Industry Partners
Participate in the Annual Membership Business Meeting

Albany Report: Supporters of Single Payer Stage a "Die-In"

Mon, 07 Jun 2021 18:00:00 GMT

Supporters of the New York Health Act staged a march and die-in on the streets of Albany today, blocking traffic outside the State Capitol.

It was their final attempt to pressure Legislators to pass the Single Payer bill during this Legislative Session.

The Realities of Single Payer Coalition (in which NYSSPS is a member) released a statement in response to the rally. In its current format, the NYSSPS is still opposed to the bill.

Assembly Health Committee Chair Richard Gottfried during an interview on Friday admitted that there are a number of Legislators who are signed on to the bill but are expressing serious concerns behind the scenes.

Legal Alert: MACS EXPANDING POST-PAYMENT MEDICAL REVIEWS

Fri, 04 Jun 2021 13:24:02 GMT

The Centers for Medicare & Medicaid Services (CMS) released a notice on June 3, 2021 advising that Medicare Administrative Contractors (MACs) may now begin conducting post-payment medical reviews of items and services for dates of service March 2020 and after.

> Read the complete alert

Legal Alert: Beware HIPAA Compliance Scam

Mon, 26 Apr 2021 15:05:57 GMT

Earlier today, the United States Health and Human Services Office for Civil Rights (“OCR”) issued an alert concerning fraudulent postcards sent to health care organizations claiming to be official communications from OCR. The post cards inform recipients that they are required to participate in a “Required Security Risk Assessment” and directs providers to submit their risk assessment to hsaudit.org, a link that diverts individuals to a non-government website offering consulting services. You should disregard such correspondence and not provide the specified information.

As a reminder, all communications from OCR will come from either an official office or an email address ending with @hhs.gov. You can find a complete list of OCR’s headquarters and regional offices here: https://www.hhs.gov/ocr/about-us/contact-us/index.html.

Read complete alert

Last Change to Register! Non Physician Providers in Plastic Surgery

Wed, 21 Apr 2021 14:35:29 GMT

Non-physician providers are an important part of a health care team in a plastic surgeon's medical practice. Nurse practitioners, physician assistants and aestheticians provide a variety of healthcare services to patients. Understanding their roles along with the potential risks and liabilities are the responsibility of the physician.

Learn about the risks, laws, and liabilities as well as mitigation strategies with a patient safety professional and an attorney through discussion and case examples.

OBJECTIVES:

Evaluate my potential exposure with my non-physician providers related to laws of practice and liability.
Utilize the closed claims examples in this program to educate his/her/their peers and team as opportunities to improve failure points to risk in patient care.
Implement two risk mitigation strategies in working non-physician providers that can reduce patient injuries and improve the quality of care.

DOH Commissioner Dr. Howard Zucker Statement on Johnson & Johnson Vaccine

Tue, 13 Apr 2021 15:12:26 GMT

NYS Department of Health Commissioner Dr. Howard Zucker released the following statement regarding the Johnson & Johnson vaccine:

"Today the CDC and FDA issued a statement recommending a pause in the use of the Johnson & Johnson vaccine out of an abundance of caution. New York State will follow the CDC and FDA recommendation and pause the use of the Johnson & Johnson vaccine statewide immediately today while these health and safety agencies evaluate next steps. All appointments for Johnson & Johnson vaccines today at New York State mass vaccination sites will be honored with the Pfizer vaccine.

"As the CDC and FDA have said, any adverse events related to the Johnson & Johnson vaccine 'appear to be extremely rare' and, 'People who have received the J&J vaccine who develop severe headache, abdominal pain, leg pain, or shortness of breath within three weeks after vaccination should contact their health care provider.'

"I am in constant contact with the federal government and we will update New Yorkers as more information becomes available."

TELEHEALTH FROM THE FIELD: CASE STUDY INVOLVING REMOTE MONITORING PROBLEMS

Tue, 13 Apr 2021 14:51:01 GMT

Sue Boisvert, BSN, MHSA, Patient Safety Risk Manager II, The Doctors Company, and Chad Anguilm, MBA, Vice President, In-Practice Technology Services, Medical Advantage, Part of the TDC Group of Companies

Even before the COVID-19 pandemic, the use of remote patient monitoring was expanding. The technologies offer many benefits, but they may also create potential malpractice risks.

Consider the following case example and strategies that can help mitigate risks.

Office Based Surgery - Electronic Adverse Event Report Tool

Tue, 02 Mar 2021 21:07:07 GMT

In February 2020, the NYSDOH’s Office of Quality and Patient Safety launched the electronic AER tool for the reporting of adverse events (AEs) as required by Public Health Law § 230-d. Since launched, 70 percent of AE reports (AERs) have been received via this tool. In order to promote efficient collection of consistent information, effective April 1, 2021, we are accepting only electronic AER submissions.

The AER tool is located on a secure web-based application and uses https encryption. To insure you are on the secure web-based application look for the lock symbol to the right of the web address. The URL to access the AER is https://obsaer.health.ny.gov and works with Internet Explorer 11+, Chrome, Safari and Firefox. Please use the latest browser version for the best experience. Since there is no ability to save a partially completed AER and complete it at a later time, you should complete the AER once you have started it. Otherwise, you will need to complete it again in its entirety at a later time. You will be able to save and print the completed form once it is submitted.

For your convenience you can attain a printable copy of the AER user guide by clicking on the question mark (?) at the top right-hand corner of the web-based application. Training videos are available to guide mandated reporters through the electronic submission of the web-based AER form. The video for mandated reporters who are members of the OBS practice submitting a web-based AER form, can be viewed on the OBS website https://www.health.ny.gov/professionals/office-based_surgery/ and are also located within the AER tool.

Should you have any questions regarding the electronic adverse event reporting tool, please contact the Office of Quality & Patient Safety, OBS Program at (518) 408-1219 or at obs@health.ny.gov.

Participate in MSSNY's Annual Advocacy Day by Emailing Your Legislators Today!

Tue, 02 Mar 2021 17:11:34 GMT

The NYS Society of Plastic Surgeons encourages plastic surgeons to amplify the physician's voice by participating in today's virtual MSSNY advocacy day.

By using MSSNY's grassroots action center, you can quickly send emails to legislators on the following issues of shared importance with our Society.

Click click here to view all of the current issues.

Managing Healthcare Practice Operations During COVID-19

Thu, 18 Feb 2021 20:36:39 GMT

As COVID-19 cases continue to rise and fall across all regions of the United States, practices must adapt and adjust their operations according to regional mandates, which can transition overnight with the shifting environment. Since there is no one-size-fits-all approach to operating a medical practice during the pandemic, The Doctors Company has developed a checklist to help you manage your practice.

The checklist can be adapted to your practice’s needs: https://www.thedoctors.com/articles/managing-healthcare-practice-operations-during-covid-19/

COVID-19 Vaccine Questions Answered

Thu, 04 Feb 2021 20:40:33 GMT

As healthcare leaders around the country make decisions to guide the COVID-19 vaccine rollout, renowned physician experts Robert M. Wachter, MD, and Ashish K. Jha, MD, MPH, discussed how the pandemic is reshaping the future of medicine and healthcare delivery during a virtual meeting hosted by the TDC Group of companies on February 3.

In this article, find their answers to key questions regarding the vaccine.
https://www.thedoctors.com/articles/covid-19-vaccine-questions-answered-by-virtual-panel-of-healthcare-experts/

COVID-19 & Mental Health: Registration Now Open for Two CME Webinars

Fri, 15 Jan 2021 20:13:44 GMT

January 20, 2021 @ 7:30am Medical Matters:
COVID-19 & Mental Health of Patients
Click here to register

February 5, 2021 @ 7:30 am Physician Wellness/Medical Matters COVID-19 & Mental Health of Physicians and Other Healthcare Providers
Click here to register

The COVID-19 pandemic has contributed to countless health problems over the past year. Not the least of which are mental health-related. Learn more about how the COVID-19 pandemic has affected the mental health of patients on January 20^th at 7:30 am and how it has affected physicians and other healthcare workers on February 5^th at 7:30 am. Dr. Craig Katz will serve as faculty for both webinars.

COVID-19 & Mental Health of Patients – January 20, 2021 @ 7:30 am

Identify the usual scope of mental health reactions to disasters
Examine what is known so far about the mental health impact of COVID-19 on a range of populations
Appraise the scope of COVID-19’s long term mental health impact on our communities

COVID-19 & Mental Health of Physicians and Other Healthcare Providers – February 5, 2021 @ 7:30 am

Examine the mental health risks posed by COVID-19 for physicians
Review the possible range of psychological and psychiatric responses to the pandemic
Discuss principles and interventions for helping ourselves, our families, and our colleagues

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at mhoffman@mssny.org.

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates each live activity for a maximum of 1.0 AMA/PRA Category 1 credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Tell Congress to Deliver a Fair Deal on Balance Billing Legislation

Thu, 17 Dec 2020 19:11:52 GMT

Congress has been working behind closed doors and during the midnight hour to hastily advance a out-of-network proposal that will deliver even more cuts to physicians during the pandemic. Enough is enough! Now is not the time for Congress to be increasing insurer’s profits at the expense of physicians and patients.

ACT NOW: send a letter to your members of Congress today! Congress is wrapping up their work, and we must ensure that lawmakers make immediate changes to fix this flawed balance billing proposal before they head home for the holidays. ASPS needs every member’s help in stopping this big present for the insurance companies before it’s signed into law!

This will only take a minute because ASPS has written a template letter for you. Click here to submit your letter today.

Enroll in the NYC COVID-19 Vaccination Program

Thu, 10 Dec 2020 21:17:04 GMT

The New York City Department of Health and Mental Hygiene is now enrolling private practices, independent pharmacies and other facilities that will immunize adults in the NYC COVID-19 Vaccination Program.

Click on the links below to review the letter and instructions on how to sign the COVID-19 Vaccination Program Provider Agreement in the online Citywide Immunization Registry (CIR):

General Provider Letter on COVID-19 Vaccines

COVID-19 Vaccination Program Provider Agreement and Profile Form .

COVID-19 Provider Vaccination Agreement-Access Instructions

Attend a webinar on completing the Provider Agreement in the CIR:
Enrollment in the NYC COVID-19 Vaccination Program
Tuesday, December 15, 2020, 1:00 to 2:00 p.m.
Register Here

For questions, please call the Provider Access Line at 1-866-692-3641 or email nycimmunize@health.nyc.gov. Periodic updates will be sent to keep you informed and the COVID-19 vaccine webpage will be updated.

4 Recommendations to Mitigate the COVID19 Virus and Preserve Access

Tue, 08 Dec 2020 20:41:55 GMT

As the northeast experiences new surges of COVID-19, the Northeast Region COVID-19 Coalition supports specific strategies to mitigate the spread of the virus, while preserving access to essential surgical procedures. We offer the following 4 recommendations and strategies for your consideration based on the lessons we learned in maintaining surgical care during the past nine months:

Recommendation 1: We must focus on data that will help preserve key resources such as hospital and ICU beds as well as PPE and appropriate medical staffing. To do so, we should look at meaningful data such as hospital bed availability, ICU bed availability and medical staff coverage. We advise against focusing solely on case numbers per region and testing positivity rates.

Recommendation 2: The last several months have taught us safe and effective ways to treat surgical patients through preoperative testing, perioperative viral precautions and appropriate use of PPE. We must carefully consider the types of surgery patients need so they may still obtain necessary and essential care in this environment and we should avoid a spigot approach to stopping essential surgeries. Recognizing that harm may come to patients whose procedures are delayed, cancer surgeries, trauma care and other acute procedures, should not be stopped during subsequent surges as was done originally in the spring of 2020.

Recommendation 3: While we respect the government’s efforts to keep our residents safe, those on the ground are best suited to make important triage decisions. Hospitals and physicians are the ultimate decision makers regarding the appropriate care and site of service for patients keeping in mind quality, safety, and risks. With the support of state guidance and coordination, hospitals and physicians are the most appropriate professionals to make decisions regarding essential care and services.

Recommendation 4: Hospitals remain the primary facilities to treat those critically ill with COVID-19 and for that reason, the maintenance of their resources is crucial. Additionally, ambulatory surgery centers and office based surgical facilities are safe, valuable settings to help offload the stress that hospitals may face during these difficult times. By looking specifically at projected rates of admission for each type of ambulatory surgery, these facilities can safely and effectively administer elective surgical care without further burdening acute care facilities.

Patients suffering from COVID-19, and patients requiring ongoing medical and surgical care are dependent upon the lessons learned during the past nine months.

We remain ready and willing to discuss any and all of these issues should you so desire. Thank you for your time and consideration of these issues vital to the health and safety of OUR patients.

COVID-19 and Patient Safety in the Medical Office

Tue, 01 Dec 2020 20:02:52 GMT

As the pandemic hits its third nationwide surge, families are gathering for the holidays, and practices are preparing for a potential increase in cases. Medical offices in states that were not strongly affected by the first and second waves of the virus may now be facing an influx of COVID-19 patients. Therefore, medical offices must remain very attentive to the widespread outbreak of COVID-19, continuing to proactively take steps to safely manage patients while protecting clinical staff.

Below, you will find recommendations for this season of the pandemic, such as protective recordkeeping, documentation and follow-up for noncompliance and coordination of care, managing patients who resist infection-control measures, and tracking ongoing guidance from health authorities.

https://www.thedoctors.com/articles/2019-novel-coronavirus-and-patient-safety-in-the-medical-office/

Call to Action: Urge Governor to Veto Mandatory OPMC Signage Legislation

Wed, 30 Sep 2020 20:13:19 GMT

Contact Governor Cuomo and request that he veto legislation (S.6678-A/A.7991-A) requiring every physician's “practice setting” to post a sign regarding how a patient can file a misconduct complaint with the OPMC.

Let the Governor know that this proposal would create unnecessary distrust in the physician-patient relationship and is unfair to physicians. Moreover, with nearly 10,000 complaints already made each year to OPMC (resulting in only a few hundred actual disciplinary actions), it is clear there is already strong public awareness of this oversight body.

The bill was delivered to Governor Cuomo’s desk which means he has until Wednesday, October 7 to sign it into law or veto.

Send an email today!

President's Message: Become An Ambassador

Fri, 11 Sep 2020 18:19:50 GMT

It’s been a challenging time but now we need to move forward and build the New York State Society of Plastic Surgeons—we’re only as strong as our numbers.

We need 10 of you to step up!

We’ve got a plan to recruit new members. I hope you’ll be a part of it. We’ve established the NYSSPS Ambassador program. We need one person from each of the 10 regions detailed below to step up.

So, what does it mean to be an Ambassador? You’ll reach out to non-members, talk to them about the Society and ask them to join. You’ll also be instrumental in getting members involved in our policy work—the Legislature is coming back in January, after all. And, you’ll help us maintain the members we do have in your area.

I know everyone has been busy getting back up to speed. The pandemic threw a wrench into everyone’s practice. But through it all, the Society was there for you—with advice, with webinars, with help. Now, we need you to be there for the Society.

Please take a moment and think about becoming a NYSSPS Ambassador. I know there are 10 of you who will be a part of this effort. Email us with your commitment: nyssps@gmail.com

Thomas Sterry,
President
New York State Society of Plastic Surgeons

Wellness Wednesday: Coping with COVID-19

Wed, 02 Sep 2020 21:18:57 GMT

The American Society of Plastic Surgeons (ASPS) and the New York State Society recognize the challenges faced by our member physicians as well as trainees and support staff in the daily care of patients. Enclosed is this month's featured resource to help you with coping with the challenges. The Society plans to promote Wellness on the first Wednesday of each month to members.

It can be difficult to cope with fear and anxiety, changing daily routines, and a general sense of uncertainty about COVID-19. Although people respond to stressful situations in different ways, there are steps you can take to help manage stress.

Visit the Centers for Disease Control and Prevention for more information at www.cdc.gov/coronavirus.

FDA issues BIA-ALCL update, qualifies BREAST-Q

Tue, 25 Aug 2020 14:23:07 GMT

The FDA issued an update to its breast implant safety webpages on Aug. 20 regarding adverse events reported to the Agency related to breast implants, including Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL) and data on medical device reports (MDR) the FDA has received on "Breast Implant Illness." The BIA-ALCL update cites a total of 733 unique cases of BIA-ALCL and 36 patient deaths globally, representing an increase of 160 new cases (64 from the United States) and three deaths since the July 2019 update.

The update calls for no changes in recommended routine follow-up care for patients with breast implants.

The FDA also announced that the BREAST-Q – a patient-reported, quality-of-life outcomes measure for breast surgery funded by The PSF and developed by ASPS member Andrea Pusic, MD, MHS – has been approved as a qualified Medical Device Development Tool, which means it may be used in clinical outcomes assessment and regulatory decision-making for breast implant devices.

For the complete story, click here.

ASPS provides a wealth of up-to-date resources on BIA-ALCL for physicians and the public at PlasticSurgery.org/ALCL. These resources include:

Lessons Learned from COVID-19 in New York City: Preparation Is Key

Mon, 10 Aug 2020 14:34:52 GMT

Keith M. Blechman, MD, Plastic and Reconstructive Surgery. Reposted with permission from The Doctors Company. Keith Blechman, MD is a member of the NYSSPS Executive Council and serves as the Treasurer.

Just before New York temporarily banned elective procedures, I looked across the operating table and said, “Leave the sutures long, because the patient is probably going to have to take these sutures out.”

I knew early on that COVID-19 was coming. Through personal connections, I was hearing about events in China, and as the outbreak hit Seattle, I started to prepare. After some rocky early days, leaping the hurdles set by the pandemic has created positive outcomes for my practice, as I have made changes to become more efficient through integrated telemedicine.

So far, my key takeaways for creating a lean, adaptable practice have been:

Be prepared. I’ve experienced first-hand how practices with remote-work systems already in place have been better off.
Find efficiencies: Making changes now in light of the pandemic can save your practice time and resources later.
Choose vendors wisely: This crisis has shown which companies can be counted on to help, and those that fall short. Is it time to reconsider your business partnerships?
Embrace change: It’s happening (whether you like it or not).

Read the full story

MSSNY Survey on COVID-19 Testing Delays

Fri, 07 Aug 2020 22:26:23 GMT

Recently, New York Governor Cuomo had an op-ed in the New York Times that touted the results of labs operating in New York State whereby 85% of the lab tests took a median of 2 days to complete.

However, anecdotes from physicians are identifying instances where it is taking far longer.

As MSSNY continues to dialogue with the New York State Department of Health and Governor’s office regarding addressing testing delays, we invited you to take just a few minutes to complete this survey

NYSSPS Wellness Wednesday - Recommended Resources

Wed, 05 Aug 2020 22:32:34 GMT

The American Society of Plastic Surgeons and the New York State Society recognizes the challenges faced by our member physicians as well as trainees and support staff in the daily care of patients.

Enclosed are available resources to help you with coping with the challenges. The Society plans to promote Wellness on the first Wednesday of each month to members.

New York Specific Resource
1. NYSDOH - Managing Stress and Anxiety
2. NYSDOH - Supporting Well-being in COVID and Beyond - Webinar
3. MSSNY - Peer to Peer Program

Coping with COVID-19

Self-Assessments

Mobile Apps

Informed Consent Refresher

Sat, 01 Aug 2020 22:18:18 GMT

Robert Morton, CPHRM, CPPS, Assistant Vice President, Department of Patient Safety and Risk Management

True informed consent is a process of managing a patient’s expectations; it is not just a signature on a document. Achieving an accurate diagnosis requires the patient to provide accurate information to the physician. The physician must then provide sufficient information to the patient so that he or she can make a reasonable and informed decision regarding a comprehensive plan for medical or surgical treatment. This physician responsibility cannot be delegated.

Informed consent cannot eliminate malpractice claims, but an established rapport between the patient and the physician based on robust exchanges of information can prevent patient disappointment from ripening into a claim.

Avoid medical jargon. Define and explain medical words and concepts using simple pictures and analogies.

Identify any uncertainty and risk involved with a specific treatment plan, including the probability factors, if possible. Discuss reasonable assumptions the patient may make about the treatment plan.

Encourage questions. Questions provide a better understanding of the patient’s comprehension of the information and facilitate the dialogue between the patient and the physician.

Documentation is another key component of the informed consent process that cannot be entirely delegated to a nurse or another member of the healthcare team. If the doctor-patient discussion proceeds successfully and the patient requests treatment, the doctor is required in some jurisdictions to write a note in the patient’s record.

The consent form must be signed and dated by the patient

Consent forms should also include statements to be signed by the patient and the physician. The patient attests that he or she understands the information in the treatment agreement. The physician attests that he or she has answered all questions fully and believes that the patient/legal representative fully understands the information. These statements help defend against any claim that the patient did not understand the information.

The informed consent process for same-day surgery patients may occur in the physician’s office before scheduling the procedure. That will allow the patient time to think about the information, ask questions, and make an informed decision.

Hospitalized patients must be informed as far in advance of the procedure as practicable. If the patient is incompetent or otherwise cannot consent, the physician is legally bound to obtain informed consent from the incompetent patient’s authorized representative, except in an emergency.

Every physician should develop his or her own style and system for the informed consent process, making it easier to avoid omissions.

Do not speed through the process. Give the patient and the family time to absorb and comprehend the information.

Assess the patient’s level of understanding just before documenting the process. This will increase the likelihood that you will be able to manage the patient’s expectations effectively.

The guidelines suggested here are not rules, do not constitute legal advice, and do not ensure a successful outcome. The ultimate decision regarding the appropriateness of any treatment must be made by each healthcare provider considering the circumstances of the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.

ASPS Shares Pandemic Preparedness Recommendations

Tue, 21 Jul 2020 22:28:25 GMT

On June 9, Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Lamar Alexander (R-TN) released "Preparing for the Next Pandemic," a white paper with recommendations to address future pandemics based on lessons learned from the current crisis and historical pandemic planning under previous administrations.

Upon its release, Chairman Alexander encouraged public feedback on the paper, which explores (1) tests, treatments, and vaccines; (2) disease surveillance; (3) stockpiles, distribution, and surges; (4) public health capabilities; and (5) federal agency coordination. In its response, ASPS had two major objectives. The first was to stress those areas most central to continued operation of plastic surgery practices during an outbreak: the availability of personal protective equipment (PPE) and testing. While these are both well-known needs, ASPS took a novel approach in discussing domestic PPE production capacity based on what it has learned in talking with members of Congress and the White House over the last several months. Specifically, ASPS discussed how the United States has a profound deficit in our ability to make sewn goods, like masks, and that we need a flexible manufacturing base that allows us to redeploy domestic production capacity from a primary use in normal times (e.g., golf cart windshields) to a secondary, PPE-focused use during disease outbreaks (e.g., face shields).

The second objective of the ASPS recommendations was to introduce a new concept to help ease the burden on stressed and overwhelmed hospitals during infectious disease surges. The concept, which is under exploration in the ASPS Legislative Advocacy Committee, would create and perpetuate programs that make it easier for hospitals and health systems to temporarily contract with private specialty practices to take specific types of severe acute trauma cases when a hospital has exhausted its ICU capacity. ASPS received reports from members in various hard-hit areas who tried to work with local hospitals to make the plastic surgeons' accredited private practice ASCs available to take emergency cases, and the common barrier they faced was a lack of one or more facility accreditation types that would allow them to see specific types of patients under their states' laws.

States have varying requirements for their surgical facilities, with some requiring a state-based license, some requiring Medicare licensing, others requiring certification from one of the major private accreditation bodies, and yet others requiring a combination of certifications. ASPS's recommendation is for a federal program that allows, in extraordinary times, for any legitimate accreditation to satisfy reimbursement requirements for all patient-types. The hope is that some plastic surgeons will be able to keep their facilities and surgical skill in use, even during lockdowns, and the spread of the virus can be mitigated by keeping trauma victims out of disease-saturated facilities.

Read the complete ASPS letter.

Mitigating Risk: Elective Procedures and Informed Consent in the COVID-19 Era

Fri, 05 Jun 2020 16:40:59 GMT

Restarting elective procedures or surgeries during the COVID-19 pandemic will require additional assessments to optimize your patients’ health for the best possible outcome. In today’s crisis, doctors must follow the standard of care when known, and customize and innovate when it is not. Physicians must assess not only the patients’ medical needs for surgery but also their potential for becoming infected with the COVID-19 virus during the peri-operative period.

Review this program to assemble resources to prepare for elective surgery, formulate a consent discussion including COVID-19 risk mitigation steps, and thoroughly document discussions.

The recorded presentation can be accessed here

Checklist for Reopening Your Medical Practice: A Dynamic Challenge in the COVID-19 Era

Thu, 04 Jun 2020 16:43:58 GMT

Strategic planning to reopen your medical/surgical office in the COVID-19 era is needed to provide safe patient care and mitigate the risk of virus spread. Many federal, state, local and professional society guidelines are available and recommended to be reviewed as practices prepare to reopen to provide healthcare to their patients.

This presentation, provided by The Doctors Company and Garfunkel Wild, P.C., will review four areas of administrative considerations, environment of care, patient management and elective surgical considerations to prepare your practice and staff to meet the changing standard of care for your patients.

The recorded presentation can be accessed here.

Reopening Your Practice: Avoid Risks When Treating Stressed Patients During COVID-19

Wed, 27 May 2020 16:49:17 GMT

While most resources are directed at screening for COVID-19 and treating affected patients, there is another important aspect of the pandemic: the impact on your patients’ mental health. Fear and uncertainty are driving the dramatic increase in stress, anxiety, and depression. While your patient’s immediate physical well-being is the primary concern, you also must consider the potential legal liability that can come from failing to adequately screen patients for suicide risk and taking the proper steps when needed.

> Read complete article

Guide to PPP Loan Forgiveness

Fri, 22 May 2020 21:16:43 GMT

Under the Paycheck Protection Program (PPP) created by the CARES Act, loans may be forgiven if borrowers use the proceeds to maintain their payrolls and pay other specified expenses.

The Treasury Department and Small Business Administration recently released the application form and instructions for loan forgiveness. The forgiveness forms, instructions, and worksheets can be downloaded here.

PPP borrowers must apply for loan forgiveness with the lender that processed the loan.

ASPS Fly-In, Advocacy Go Virtual

Thu, 21 May 2020 16:59:16 GMT

As state stay-at-home orders proliferated in mid-March, ASPS leadership was faced with a difficult choice: cancel the June Northeast/Midwest Regional Fly-In and lose a precious opportunity to meet face-to-face with congressional offices, or keep it in place and risk a disruptive, costly last-minute cancellation. In the interest of ASPS member safety and recognizing the epidemiological reality more-and-more with each passing day, the in-person event was officially canceled on April 1. With that, planning immediately began for a "virtual" experience.

The structure of the event – slated for September 15-16, 2020 – strives to offer an experience as similar as possible to the typical Regional Fly-In. It will have training for inexperienced fly-in participants and a briefing on the issues. It will have a congressional guest speaker, two if you are in the PlastyPAC Member Benefits Program at the Chairman's Club level or higher. And it will have face-to-face interaction, albeit through Zoom, with members of Congress and the healthcare staff that help them make decisions. Experiences to-date operationally at ASPS have shown that this can absolutely produce high-quality interactions.

NYSDOH Guidance on Resumption of Elective Outpatient Surgeries and Non-Urgent Procedures

Tue, 19 May 2020 21:20:24 GMT

This Guidance is directed at Ambulatory Surgery Centers (ASC) Office Based Surgery practices (OBS), and Diagnostic and Treatment Centers (DTC) that are located in counties without a significant risk of COVID-19 surge and are deemed eligible to perform Deferred Procedures, (i.e., elective surgeries and non-urgent procedures).

These centers and practices are required to meet the same provisions required of hospitals in these eligible counties that are also resuming deferred procedures.

Any ASC, OBS, or DTC that fails to comply with this Guidance may be subject to civil penalties.

Guidance for Elective Surgery and Non-Urgent Procedures in Ambulatory Settings.pdf

COVID-19 Weekly Healthcare Provider Update Compilation as of May 6th

Wed, 06 May 2020 21:00:00 GMT

The purpose of this weekly publication is to provide healthcare providers in New York State with a consolidated update of guidance released by the New York State Department of Health (NYSDOH) related to the COVID-19 pandemic response.

This will show only current guidance for any given topic and will be updated to reflect new guidance.

As a reminder, all advisories and informational messages (including webinar invitations) are distributed through the Integrated Health Alerting Network System (IHANS), an application housed on the Health Commerce System (HCS). If you are not receiving IHANS notifications, please work with your site’s HCS coordinator.

Additional COVID-19 resources may be found on the NYSDOH webpage under Information for Healthcare Providers. Recordings of COVID-19 Weekly Healthcare Provider Updates are also available on the NYSDOH webpage.

Access the publication here

Small Business Loans for Physicians: Please Take the Survey

Wed, 06 May 2020 14:55:16 GMT

In late April, Congress approved an additional $310 billion dollars for the Paycheck Protection forgivable loan Program (PPP) to assist small businesses, including physician practices. To date, the program has approved assistance to nearly 250,000 New York businesses in two different rounds of application periods.

The Congressional package also provided $75 billion more for the CARES Act Health Provider Relief Pool, to assist hospitals and physicians. This is in addition to $30 billion dedicated to physicians and hospitals, in early April, based on 2019 Medicare payments, and $20 billion was just made available to physicians and hospitals based on 2018 total patient revenue.

As with its first survey, MSSNY wants to gather data to determine how much New York physicians are benefiting from these new resources, to better guide our advocacy for further stimulus bills.

Please help us evaluate this by taking a few minutes to fill out and submit the following Survey Monkey questionnaire.

Please take the survey here

Interpretative Guidance on Surgeries and Procedures that May Still Be Performed

Thu, 30 Apr 2020 14:56:44 GMT

The New York State Department of Health has issued the following interpretative guidance:

The March 23 and April 4 directives to suspend all non-essential elective surgeries and non-urgent procedures did not preclude general hospitals, ASCs, OBSs and D&TCs from performing certain surgeries and procedures related to the diagnosis of cancer (e.g., lumpectomies, biopsies), the treatment of intractable pain, or other diagnostic or treatment services for highly symptomatic patients.

The Department considers such surgeries or procedures to be "Tier 3a" as defined by CDC rules for urgent and emergency surgeries and procedures (see Attachment A).

Therefore, such surgeries or procedures should not be postponed or otherwise delayed, and should be scheduled and performed in accordance with the medical judgment of the treating physician. This interpretative guidance is applicable to all general hospitals, ASCs, OBS practices, and D&TCs in 811 counties of the State.

Read the full directive here

Executive Order permits certain hospitals in certain New York State counties to begin performing non-essential surgeries

Thu, 30 Apr 2020 01:30:00 GMT

This Executive Order permits certain hospitals in certain New York State counties to begin performing non-essential, i.e., elective, surgeries. The criteria consists of the following:

Eligible counties where non-essential surgeries can be performed must have total available inpatient and ICU capacity of over 30% with a total change in number of hospitalized COVID-19 positive patients during the period of April 17 – April 27 of less than ten.
For each hospital within an eligible county, the hospital must meet the numerical criteria set forth above.
General hospitals not meeting the criteria may seek a waiver from the New York State Department of Health (“DOH”) by submitting a plan.
DOH shall issue guidance for non-essential surgeries that will require all pre-operative patients to test negative for COVID-19.

Here is a list of eligible counties: Allegany, Broome, Cattaraugus, Chautauqua, Chenango, Delaware, Dutchess, Essex, Franklin, Fulton, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Putnam, Saratoga, Schoharie, Schuyler, St. Lawrence, Steuben, Sullivan, Tompkins, Ulster, Wayne, Wyoming and Yates.

Read the full order here

HHS General Allocation Fund Portal is Open

Sun, 26 Apr 2020 20:11:27 GMT

The US Health and Human Services (HHS) has indicated that the application portal is open for physicians to avail themselves of a portion of the $20 billion allocation from the CARES Act Provider Relief Fund.

The AMA has advised that anyone who has a Billing TIN who lost revenue in March and/or can estimate lost revenue in April due to the COVID-19 crisis, should be filling out this portal.

The AMA has also put together this guide to help physicians pull together the information they need to submit to the portal. Here is additional information from HHS regarding the distribution.

New Applications for the SBA Paycheck Protection Program Can Be Submitted This Monday

Sat, 25 Apr 2020 20:01:49 GMT

This week, both chambers of Congress passed and President Trump signed into law The Paycheck Protection and Health Care Enhancement Act, which allocates an additional $321 billion for Paycheck Protection Program (PPP) loans and an additional $60 billion for the Economic Injury Disaster Loan program. New applications can be submitted starting on Monday, April 27, 2020 at 10:30am. Any borrower that applied for a PPP loan prior to the issuance of this guidance and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith
> Read our legal counsel's alert.

Set aside in the $321 billion of additional funds approved for the PPP is $60 billion for small- to medium-sized banks and other financial institutions. The legislation also includes an additional $75 billion for the Public Health and Social Services Emergency Fund.

SBA Paycheck Protection Program

GUIDELINES FOR RESTARTING ELECTIVE SURGERY POST-COVID-19

Fri, 24 Apr 2020 21:08:18 GMT

The Northeast region is fairly diverse in how it has been impacted by COVID-19. With that said:

Non-COVID-19 care should be offered to patients as clinically appropriate and within a state, locality, or facility that has the resources to provide such care and the ability to quickly respond to a subsequent surge in COVID-19 cases, if necessary. The recommendations outlined here are a working document and are subject to change and will be updated as the COVID-19 situation continues to evolve.

Maximum effective utilization of facilities to meet elective surgery patient needs requires that each practice setting (hospital, ASC or office-based) independently develop prioritization plans within the scope of its individual capabilities and conforming to all state and local regulatory safety standards as outlined in this document.

To begin this process, certain principles must be considered

NORTHEAST REGION COVID-19 COALITION SOCIETY MEMBERS

Connecticut Society of Plastic Surgeons (CTSPS)
Massachusetts Society of Plastic Surgeons (MSPS)
New Jersey Society of Plastic Surgeons (NJSPS)
New York Regional Society of Plastic Surgeons (NYRSPS)
New York State Society of Plastic Surgeons (NYSSPS)
Northeastern Society of Plastic Surgeons (NESPS)
Robert H. Ivy Pennsylvania Plastic Surgery Society (Ivy)

Recent Legal Alerts Provided By NYSSPS Legal Counsel

Sat, 11 Apr 2020 20:51:53 GMT

FCC Establishes New Covid-19 Telehealth Program
Centers For Medicare And Medicaid Services Expands The Accelerated And Advance Payments Program For Participating Providers And Suppliers
What Documentation Should Employees Provide Employers In Order To Obtain Federal Covid-19 Leave Benefits
CMS Issues Stark Law Blanket Waivers in Response to COVID-19 Pandemic
New York State Budget Implements Major COVID-19 Liability Protections for Health Care Facilities and Providers

New York State Ventilator Survey

Thu, 09 Apr 2020 20:49:52 GMT

Due to a shortage of ventilators and urgent public need, Governor Cuomo has issued an executive order requiring all unused ventilators or equivalent devices to be reported and made available to the state.

Any institution, office, or person whose ventilator or equivalent device is used by the state will have their ventilator or equivalent device returned to them in the same condition, be provided with a newer replacement device, or receive financial compensation from the state to purchase a replacement.

Please fill out the following information and you will be contacted to arrange pick up of your device if it is needed. This survey replaces any issued previously by NYS DOH.

Read our legal counsel's interpretation of the Executive Order.

Survey

NYS DOH Compendium of Information

Mon, 06 Apr 2020 20:51:16 GMT

In an effort to consolidate COVID-19 related provider guidance the Department of Health has developed the attached provider compendium.

The publication shows only current NYSDOH and CDC guidance for any given topic and will be updated weekly, or as significant guidance emerges, to reflect new guidance.

Washington Co. family pushes to mandate coverage of congenital anomalies

Sun, 05 Apr 2020 20:56:52 GMT

It's with good news that we share Amanda Fries, a reporter from the Times Union posted an article regarding advocacy efforts for the 1in38 Campaign. Read the story

The Society continues to advocate for full insurance coverage. The bill has support in both the Senate and Assembly. Additionally, the Society has secured the following list of campaign supporters:

Albany County Medical Society
American College of Obstetricians and Gynecologists, District II
American Society of Plastic Surgeons
Medical Society of the State of New York
Monroe County Medical Society
New York Chapter American College of Surgeons
NYS American Academy of Pediatrics, Chapters 1, 2 & 3
New York State Academy of Family Physicians
New York State Psychiatric Association
New York State Society of Anesthesiologists, Inc.
NYS Ophthalmological Society
NYS Society of Otolaryngology - Head and Neck Surgery
New York State Society of Plastic Surgeons, Inc.
New York State United Teachers
Ulster County Medical Society

Continue to follow our efforts and learn how you can get involved!

Governor Cuomo Issues Executive Order to Surrender Ventilators and PPE to Help City Hospitals Flooded with COVID-19 Patients

Fri, 03 Apr 2020 18:56:31 GMT

Governor Cuomo has issued an executive order giving the state the power to seize and redistribute medical equipment, including ventilators and PPE, from all private sector companies, medical practices, ASCs and hospitals with lower needs, in response to the number of COVID-19 patients flooding New York City hospitals.

The order calls for all office-based and ASC facilities to immediately inventory and surrender their ventilators and PPE (N95 masks, surgical masks, sterile gloves, surgical gowns and face shields). The order is expected to take effect this weekend.

Those who do not comply with the executive order will be subject to loss of Article 78 licensure and loss of office based accreditation, as well as face charges of professional misconduct and be subject to possible criminal and civil action.

The move is in response to Lenox Hill and other New York City hospitals, which have reached a crisis point in the need for ventilators to treat COVID-19 patients. New York now has more than 100,000 confirmed cases and its death toll is nearly 3,000 after its largest one-day increase. The state's death toll has nearly doubled in the last three days.

In an attempt to help save lives and expedite the process of acquiring ventilators and other needed equipment, the New York Regional Society of Plastic Surgeons (NYRSPS), New York State Society of Plastic Surgeons (NYSSPS) and ASPS are calling on plastic surgeons in the Tri-State area – particularly those who have ventilators with Airway Pressure Release Ventilation – to complete this online form. This database is housed and managed by the ASPS.

Please complete the form as soon as possible to assist in this emergency effort.

Feel free to pass this link to others including non-plastic surgeons.

Contribute Supplies

NYSDOH Health Advisory: Options when Personal Protective Equipment (PPE) is in Short Supply or Not Available

Fri, 03 Apr 2020 14:40:48 GMT

Access the advisory

Healthcare entities should continue to submit requests for PPE through their local Office of Emergency Management. New York State continues to fulfill requests for PPE, as available. However, NYSDOH has become aware of instances in which healthcare providers, facilities, or practices are using or considering alternative means to manage PPE shortages,such as:

Use of dubious means to attempt to disinfect N95 respirators or facemasks (e.g. putting them in the dishwasher).
Use of a ventilator circuit filter attached to a disposable anesthesia facemask and strapped to the face in place of an N95 respirator.
Use of homemade cloth masks.

If all efforts to obtain PPE through vendors and local Office of Emergency Management are exhausted or unsuccessful, healthcare providers should refer to the CDC guidance entitled “Strategies for Optimizing the Supply of PPE”

Conventional, then contingency, then crisis capacity strategies should be used in that order, as feasible.

Many of the options from the CDC guidance document are summarized in the advisory.

For general guidance on the use of PPE in healthcare settings, please refer to CDC guidance entitled “Healthcare Supply of Personal Protective Equipment”

> Read the complete advisory

Consumers and Small Businesses Experiencing Financial Hardship Due to COVID-19 May Defer Paying Health Insurance Premiums through June 1, 2020

Thu, 02 Apr 2020 21:00:00 GMT

The Governor announced that, through June 1, 2020, consumers and businesses experiencing financial hardship due to COVID-19 may defer paying premiums under individual and small group health insurance policies. DFS shall consider any liquidity or solvency concerns of the health plans. During this period, health plans will be required to continue to pay claims, not to report late payments to credit rating agencies, and to work with individuals to help them transition to new coverage, if appropriate. In addition, insurers are reminded that they cannot impose late payment fees. Governor Cuomo thanked Connecticut Governor Ned Lamont for his collaboration on this initiative.

Access the complete release
(Information found on page 2)

NYSDOH Health Advisory: Update on Specimen Collection and Handling for Alternative Acceptable Specimen Collections

Wed, 01 Apr 2020 21:00:00 GMT

This advisory supersedes specimen collection and handling guidance from NYSDOH, released originally on March 25, 2020.

This update further extends previous recommendations that nasal and oropharyngeal swab specimen collection is an acceptable alternative, with recommendations for the collection of one (1) nasal swab AND one (1) saliva specimen through healthcare personnel (HCP) observed patient self-collection for specimens submitted to Wadsworth Center,if nasopharyngeal (NP) supplies are unavailable.

If you are using a laboratory other than the Wadsworth Center, follow the laboratory’s guidance for all specimen collection, handling, and transport processes, including whether nasal swab AND saliva specimen, or nasal swab AND OP swab specimen collection methods are acceptable alternatives to an NP swab.

For any suspected COVID-19 cases, ensure appropriate infection control precautions are in place and immediately notify the infection control lead at your facility and the local health department (LHD).
Review local testing options for those who do not require clinical outpatient/inpatient medical care

> Read the complete advisory

CARES Act Small-Business Loan applications Available April 3 - Loans Expected to be Exhausted Quickly -

Wed, 01 Apr 2020 15:50:34 GMT

Plastic surgeons in private practices impacted by the COVID-19 outbreak are advised to begin preparing necessary materials now to apply for assistance from the U.S. Department of the Treasury’s Paycheck Protection Program (PPP) – a key portion of the CARES federal economic stimulus package that authorizes up to $349 billion toward job retention and certain other expenses.

The Treasury Department and U.S. Small Business Administration (SBA) expect to have this program operational as early as Friday, April 3, with loan applications approved the same day. Most banks are expected to require a pre-existing banking relationship with the applicant for a PPP loan; therefore, it is strongly recommended to first apply for a loan at a bank where you already have an account.

Plastic surgeons should immediately begin preparations to finalize their PPP applications and remain in contact with their lenders to identify the earliest opportunity to make their loan available.

All loan payments will be deferred for six months. Most importantly, the SBA will forgive the portion of the loan proceeds that are used to cover the first eight weeks of payroll costs, rent, utilities and mortgage interest. Small businesses and individuals who are self-employed or independent contractors – including plastic surgeons – are eligible if they also meet program size standards.

Applications will be accepted through June 30, but many experts believe the funds will be exhausted in a very short time period.

NYSDOH: Protocols for Essential Personnel to Return to Work Following COVID-19 Exposure or Infection

Tue, 31 Mar 2020 21:00:00 GMT

This advisory supersedes guidance from the New York State Department of Health issued on March 28, 2020, to clarify that this guidance applies to essential personnel who have been exposed to a confirmed OR suspected case of COVID-19.

Public and private sector organizations that provide essential services or functions where personnel are needed to perform critical functions, including infrastructure, public safety, and other essential operations, may allow personnel who were exposed to or are recovering from COVID-19 to work in the workplace setting,if needed to maintain essential operations.

Essential services or functions include but are not limited to public health personnel, utility and water operators, skilled manufacturers and supporting supply chains, transportation infrastructure, law enforcement, and emergency response personnel.

Essential personnel who have been exposed to a confirmed or suspected case of COVID-19 can return if the following conditions are met.

NYSDOH Health Advisory: Updated Protocols for Personnel in Healthcare and Other Direct Care Settings to Return to Work Following COVID-19 Exposure or Infection

Tue, 31 Mar 2020 21:00:00 GMT

This advisory supersedes guidance from the New York State Department of Health to Hospitals, Nursing Homes (NHs) and Adult Care Facilities (ACFs) pertaining to the COVID-19 outbreak, released on March 16, 2020, and further clarifies the updated guidance issued on March 28, 2020.

Entities may allow healthcare personnel (HCP) who are confirmed with COVID-19 or have been exposed to a confirmed or suspected case of COVID-19, or who have traveled internationally in the past 14 days, whether healthcare providers or other facility staff, to work if all of the following conditions are met.

Contact Legislators and Gov: Protect Excess Medical Malpractice Program

Mon, 30 Mar 2020 22:31:29 GMT

There is an extremely concerning proposal contained in the Governor’s Medicaid Redesign Team recommendations that would require the nearly 17,000 physicians currently enrolled in the Excess Medical Malpractice Insurance program to bear 50% of the cost of these policies.

This proposal would thrust over $50 million of new costs on the backs of community-based physicians at a time when they are seeing a substantially smaller number of patients in their practices, and facing extraordinarily difficult decisions as to whether how to meet payroll and/or to lay off administrative staff.

Moreover, these new costs would be imposed on the thousands of physicians who are currently on the “front lines” of responding to the coronavirus outbreak.

Contact your elected representatives and voice your objection

Webinar: Implementing and Expanding Telehealth to Address COVID-19

Wed, 18 Mar 2020 00:56:12 GMT

Telehealth is being promoted as an essential strategy to ensure ongoing care during the Coronavirus pandemic. On a daily basis, the rules related to provision of, and payment for telehealth are evolving, and misinformation is abundant. This webinar will discuss the current landscape, and changing rules, for providing telehealth including reimbursement, data security, telemental health and consents.

Click Here To Register

Physician Wellness: Free Access to Headspace Plus

Wed, 18 Mar 2020 00:46:25 GMT

Headspace, a recommended resource by the ASPS for physician wellness is offering all US healthcare professionals, who work in public health settings, free access to Headspace Plus through 2020.

"What’s going on right now is a challenge for everyone. But you, our healthcare professionals, are particularly overburdened. Headspace wants to be here for you and support you as best we can. Helping you be kind to yourself, and your own health, during this difficult time."

If you are a healthcare professional, you can redeem your subscription using your National Provider Identifier (NPI) and email address. To get started, please select the state where your NPI is registered: https://www.headspace.com/health-covid-19

> Access more ASPS recommended physician wellness resources

Mayor Deblasio's Emergency Executive Order

Tue, 17 Mar 2020 22:09:22 GMT

Mayor DeBlasio has issued an Emergency Executive Order requiring New York City Hospitals and ASCs to cease performing elective procedures.

Garfunkel Wild, P.C. has recorded and shared the following information.

COVID-19 Resources for New York - Protect Your Practice and Patient's Safety

Tue, 17 Mar 2020 03:40:38 GMT

With support from the American Society of Plastic Surgeons, the New York State Society of Plastic Surgeons (NYSSPS) is following the progression of COVID-19 in New York and the United States. Your leadership has been serving on decision-making committees shaping policies, passionately discussing the effects of the virus on plastic surgery practice in NY, and staff is working to be the voice of plastic surgery at the state government during this difficult time.

Our goal is to protect you, discern and prioritize information, advise the government on your current status and needs, and respond to member’s inquiries. It is with this in mind that NYSSPS has decided to postpone the in-person annual advocacy day in Albany on April 29th. When the time is right, we will provide you with more information on how to meet with legislators to discuss issues impacting your practice in light of the current events and in the months to come.

NYSSPS is here to help you protect your profession and your patients’ safety that’s why you can use as a resource to cull through the inundation of information and stay apprised of the rapidly changing world.

Additionally, our strategic partnerships with Garfunkel Wild, PC and The Doctors Company will help shed guidance on how to position your practice during this challenging time.

Should you encounter barriers or questions, please email them to NYSSPS as we diligently work to provide you with resources and answers. We are ready and mobilized to let the state government know what it’s like in the field, and what you are facing in order to help inform their decision making and policies. Send your questions here: nyssps@gmail.com

Thank you for your service to your patients and for always putting patient safety first.

COVID-19 Resources for New York Members

MSSNY Hosts Coronavirus Webinar on 3/18 at 7:30am

Mon, 16 Mar 2020 20:51:10 GMT

“Coronaviruses 2020” CME Webinar on March 18^th Register Now

The Medical Society of the State of New York will conduct Medical Matters: Coronaviruses 2020 on Wednesday, March 18^th at 7:30am.

William Valenti, MD, chair of MSSNY Infectious Disease Committee and a member of MSSNY Emergency Preparedness and Disaster/Terrorism Response Committee will serve as faculty for this program. Registration is now open for this webinar here.

Educational objectives are:

Become familiar with the epidemiology and clinical features of coronaviruses
Understand the physician’s role in the public health response to an infectious disease outbreak
Identify the circumstances that have contributed to the rapid spread of COVID-19

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at mhoffman@mssny.org.

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates this live activity for a maximum of 1.0 AMA/PRA Category 1 credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity

COVID-19 Resources for Physicians

Thu, 12 Mar 2020 17:46:16 GMT

Physicians should utilize the New York State Department of Health website that has up-to-date information on COVID-19 and includes information on known cases of COVID-19, cleaning and disinfection guidance, help for childcare providers and schools, and guidelines for individuals who have recently traveled internationally.
https://health.ny.gov/diseases/communicable/coronavirus/providers.htm

Reporting
COVID-19 is a reportable disease. If novel Coronavirus is suspected, immediately notify the local health department (LHD) where the patient resides.

Health care providers should review: CDC's Interim Guidance for Healthcare Professionals Evaluating Persons Under Investigation (PUI)

Free Communication Resources CDC offers free resources including video, fact sheets, and posters. https://www.cdc.gov/coronavirus/2019-ncov/communication/index.html

Additional Resources
CDC Website for Healthcare Professionals
https://www.cdc.gov/coronavirus/2019-nCoV/hcp/index.html

Reject Governor Cuomo's Physician Discipline Proposal

Mon, 17 Feb 2020 19:19:01 GMT

Governor Cuomo's proposed Health Budget bill contains measures to bypass important due process protections for physicians during disciplinary proceedings. The proposal would, among many other provisions, allow the Commissioner of Health to disclose to the public that a physician is under disciplinary investigation or summarily suspend a physician with only a minimal finding of risk to the public, as opposed to the much stronger “imminent danger” standard now required for bypassing existing due process protections.

This measure impacts both private practice and employed physicians

The Solution
Ask your elected representatives to remove these provisions from the Governor’s Budget.

Email Your Legislators! Ask Them to Support Insurance Coverage for Children with Congenital Anomalies

Fri, 14 Feb 2020 19:20:25 GMT

We're closer to getting full insurance coverage for congenital anomalies than we've ever been. Our bill has been introduced in both houses and now we need to get as many assembly members and senators to sign on as co-sponsors. That's where you come in. We need you to reach out to your legislators and ask them to co-sponsor the bill in their respective houses.

It's quick and easy--you can either email or send a message over social media. Just enter your information on the form and you'll be on your way to letting your legislator know how important this bill is to children across New York State.

1in38 Advocacy Day - Join us on 2/25/2020

Tue, 28 Jan 2020 15:20:04 GMT

1in38 Advocacy Day - Join us on 2/25/2020

Bull Moose Club
150 State Street, Floor 4 (Franklin Room)
Albany, NY 12207

8:00am Opening Remarks and Briefing
10:00am Legislative Appointments Begin
4:00pm Conclude

> REGISTER TODAY!

Support A.8890 (Simon), Give Kids A Chance–Carter’s Law so that New York health insurance companies can no longer routinely deny coverage for medical procedures and therapies they consider not medically necessary.

Take a stand and help kids get a chance at a full and productive life!
> Sign the Petition

Background
In New York, 1 in 38 babies are born with a congenital anomaly. On average, children with congenital anomalies can expect anywhere from three to five surgical procedures throughout their childhood to restore a more normal appearance and function.

Although insurance carriers may provide coverage for the initial procedures, they may resist coverage of the later stage procedures, claiming they are cosmetic and not medically necessary. Denial or delay of these procedures – which by definition are reconstructive – could lead to long-term physical, functional, and psychological injuries.

To a layperson, repair of a congenital anomaly may seem cosmetic in nature. However, reconstructive surgery is performed to treat structures of the body affected aesthetically or functionally by congenital or developmental abnormalities, trauma, infection, tumors, or disease. It is generally done to improve function and ability, and may also be performed to achieve a more typical appearance of the affected structure.

Coverage should also be provided for healthcare services that help an individual keep, learn, or improve skills and functioning for daily living. Habilitative services may include physical and occupational therapy, speech-language pathology, and other services for people with disabilities in a variety of inpatient and/or outpatient settings.

NYS DOH Releasing Adverse Events Reporting Tool in February

Fri, 27 Dec 2019 15:59:04 GMT

The NYSDOH’s Office of Quality and Patient Safety has developed a new electronic adverse event reporting (AER) tool that will be easily accessible and assist OBS practices in reporting adverse events as required by Public Health Law § 230-d.

The new electronic AER is designed to assist OBS practices in reporting adverse events and submitting medical records more efficiently. It will also allow the OBS program to identify trends in adverse events and opportunities for quality improvement in OBS practices.

The OBS program anticipates launching the electronic AER tool February 3, 2020. Additional information will be provided to the practices as we move closer to the launch date of the electronic AER tool including written & video instructions for using the tool.

Should you have any questions, please contact the Office of Quality & Patient Safety, OBS Program at (518) 408-1219 or at obs@health.ny.gov.

New Medicare Policies that Take Effect in 2020

Fri, 20 Dec 2019 15:05:55 GMT

CMS final rules recently went on display updating payment polices for services furnished in a physician office or in a hospital outpatient setting. These final rules address some of the concerns ASPS and other medical societies raised, while others are yet to be fully addressed.

Plastic surgeons should be aware of new Medicare Prior Authorization policy, set to become effective on July 1, 2020, that will require hospitals to show the medical necessity of blepharoplasty, botulinum toxin injections, panniculectomy and rhinoplasty procedures before Medicare will provide reimbursement. For private practices to obtain prior authorization, medical information will need to be forwarded to the hospital before the procedure can be scheduled.

> Learn more about the new payment policies

Wait Times for Necessary Treatment in Canada Increase According to Recent Report

Fri, 20 Dec 2019 14:33:45 GMT

The Fraser Institute in Canada released their annual "Waiting Your Turn" report. Researchers found that wait times for medically necessary treatment increased in 2019. Specialists surveyed reported a median wait time of 20.9 weeks between referral from a general practitioner and when the individual received the treatment. That's up from 19.8 weeks in 2018.

The longest wait is for orthopedic surgery, at 39.1 weeks. Plastic surgery and ophthalmology have the second and third longest waits, respectively.

The New York Health Act has overwhelming support in the Assembly and is gaining ground in the Senate. Hearings have taken place across the state and NYSSPS was there represented by founding NYSSPS member, Dr. Scot B. Glasberg. While in strict opposition to this bill, we recognize that there is a distinct possibility of it becoming the law of our land. The impact will be a complete overhaul of healthcare in NYS and the eventual elimination of private health insurance. We have been actively involved to try to shape the language in the bill and in particular, to ensure that if this bill does pass, that reimbursement will be in excess of the cost required to provide care. You can see Dr. Glasberg’s testimony HERE

Sponsors of the New York Health Act often point to Canada's healthcare system as a model that New York State should seek to move toward. However, the Fraser Institute research shows that such a system can lead to problems like longer wait times, which then leads to poorer medical outcomes and higher costs to individuals.

Executive Leadership Program - Health Policy Scholarship Open

Mon, 16 Dec 2019 15:01:01 GMT

The American Society of Plastic Surgeons and the The American College of Surgeons are offering an annual scholarship to subsidize attendance and participation in the Executive Leadership Program in Health Policy and Management at Brandeis University. The course takes place June 14–20, 2020.

The award is in the amount of $8,000, to be used toward the cost of tuition, travel, housing, and subsistence during the period of the course. Indirect costs are not paid to the recipient or to the recipient’s institution

Eligibility
The award is open to surgeons who are active members in good standing of both the American College of Surgeons (ACS) and the American Society of Plastic Surgeons (ASPS). Applicants must be at least 30 years old, but under 60, on the date that the completed application is filed

Some of the requirements include sending in a cover letter, a one-page essay discussing why the applicant wishes to receive the scholarship, how the scholarship will fill a gap in the applicant's training/experience and the applicant's curriculum vitae.

Applications are currently being accepted with a deadline of February 3rd. Eligible members are encouraged to apply. All applicants will be notified of the outcome of the selection process by early April 2020.

Learn more: https://www.plasticsurgery.org/documents/Health-Policy/ASPS-ACS-Health-Policy-Scholarship.pdf

2020 ASPS Regional Fly-Ins to DC - Save the Dates!

Tue, 10 Dec 2019 14:58:49 GMT

In 2020, plastic surgeons from across the country will be heading to Washington, DC to advocate on behalf of the specialty during the two-day ASPS Regional Fly-In events. The Southeast & West Regional Fly-In will take place on February 4-5, 2020 and the Northeast & Midwest Regional Fly-In on June 10-11, 2020. ASPS members are encouraged to register for the Fly-In for their respective state, however, if they are unable to attend their region's designated Fly-In event they are welcome to register for the alternative Fly-In event.

The ASPS Regional Fly-Ins will be focused only on congressional meetings on Capitol Hill and will not feature the extra day of educational programming that's part of the ASPS Advocacy Summit. The ASPS Regional Fly-Ins will occur in even years – election years – going forward, while the ASPS Advocacy Summit will be held in odd years and is scheduled to return in 2021.

During the ASPS Regional Fly-Ins, ASPS members will:

Meet with the members of Congress and their staff on Capitol Hill to educate them about critical healthcare policies
Participate in an exclusive dinner discussion with a prominent member of Congress
Influence and help shape ASPS's 2021 state and federal policy priorities to help determine the Society's advocacy agenda
Network with their plastic surgery colleagues and ASPS leadership in the nation's capital

To register or learn more about the ASPS Regional Fly-Ins, please visit here. Please contact Darcy McLaughlin at dmclaughlin@plasticsurgery.org with any questions.

Resources

Event Page: ASPS Regional Fly-Ins

Solo and Small Practices Join Forces to Develop Better Out of Network Legislation

Thu, 05 Dec 2019 00:43:47 GMT

As Congress moves to merge multiple pieces of out-of-network billing (OON) legislation into a final package, too much of what is gaining favor will reduce your reimbursements – for both out-of-network encounters and your contracted rates – and reduce your leverage in contract negotiations with carriers. Right now, bills that pay all OON emergency care at the median in-network rate ban elective out-of-network care in some situations, or contain no recourse for providers who receive an unfair payment all have a legitimate chance of becoming law.

ASPS continues to work on several fronts to improve the policies. As part of that effort, the Society is joining with other medical societies impacted by out-of-network billing to elevate the voices of our members who can least afford lost revenue – our solo and small practice owners – through a combined letter from them to congressional leadership.

By signing up to add your practice’s name to the letter, you will help amplify and emphasize the acute impact current proposals will have on small businesses like yours and the patients that rely on them. If you have not signed on already, please do so by noon on December 5, 2019.

> Learn more about this issue

NYSSPS Calls on Members to Submit Resolutions

Wed, 04 Dec 2019 15:12:47 GMT

Every member of the New York State Society of Plastic Surgeons has the opportunity to provide input regarding the development of policies and positions impacting plastic surgeons and we encourage you to get involved!

Working with our Executive Council, NYSSPS members have created and advocated for Resolutions that have covered a variety of issues including:

Insurance Coverage for Congenital Anomalies
All Payer Database (APD) Not Appropriate as Reimbursement Standard
Protection of Clinical Decision Making and Ownership of Medical Practices
Percentage-Based Billing Services Arrangements

What is a Resolution?

Resolutions set forth background information and propose a course of action or statement of policy. Resolutions begin with background information ("Whereas" clause/s) and conclude with a specific proposal ("Resolved" clause/s).

When Crafting a Resolution Keep in Mind the Following:

What do I want to change?
Is there existing policy, statute or regulation?
Who can effect the desired change?
Are there potential allies?
What are the financial consequences?

If you would like to work directly with our Executive Council in crafting a resolution to submit at this year’s MSSNY House of Delegates Meeting, please email Babette Grey, Executive Director at nyssps@gmail.com

Draft Resolutions need to be submitted to NYSSPS for consideration by Friday, February 7, 2020

Prior Authorizations - What's the Impact?

Tue, 26 Nov 2019 20:04:40 GMT

NYSSPS has worked together with MSSNY and other physician and patient advocacy groups in support of multiple pieces of legislation to reduce physicians’ administrative burden relating to ensuring their patients can receive the care and medications they need.

However, additional work and laws are still needed to reduce the need for unnecessary and repetitive prior authorizations that take time away from patient care delivery, as well as ensuring that current laws to reduce administrative burdens are being adhered to by health insurers.

Please take just a few minutes to complete the below survey and identify the impact prior authorizations have on your practice.

Take the survey

1 in 38 - Give Kids a Chance Campaign

Fri, 25 Oct 2019 15:07:17 GMT

Join the growing number of New Yorkers who want to see full insurance coverage for all congenital anomalies such as cleft lip/cleft palate, Down Syndrome and heart defects.

Sign up as a supporter at www.1in38.org and click on “Join Our Campaign.” You’ll be kept up to date on how the campaign is going and next steps for you to take.

You can add your name to our petition right now! Click “Sign Our Petition” on 1in38.org’s main menu.

Gluteal Fat Grafting: Strategies to Deliver Safe Care and Mitigate Risks

Fri, 30 Aug 2019 19:07:06 GMT

The gluteal fat grafting mortality rate is estimated to be the highest known for any cosmetic procedure. Multi-society task force alerts have made suggestions to reduce the risk of mortality and the standard of care for this procedure is changing.

The New York State Society of Plastic Surgeons is pleased to have Lisa M. McCorkle, MSN, MBA, RN, CPHQ, CPPS, CPHRM, LNCC, Senior Patient Safety Risk Manager from The Doctors Company, Northeast Region address the membership at this year's dinner meeting on this topic on Monday, October 21, 2019.

Members will discern insightful knowledge through case review of adverse outcomes, identify best practice for rigorous and transparent informed consent discussion, and identify five strategies to integrate into your daily practice to reduce risks associated with gluteal fat grafting.

To register for this year's event, please visit: 2019 Annual Membership Dinner Meeting

DFS Releases Guide Listing Insurance Complaint Rankings

Fri, 30 Aug 2019 14:22:39 GMT

DFS has released its "2019 New York Consumer Guide to Health Insurance." Included is a listing complaint rankings of various insurers, external appeal rates and use of the IDR for out of network surprise bills.

The stated purpose of this Guide is to:

Inform consumers of the health insurance products offered in New York State and how they work.
Help consumers choose a health insurance company based on quality of care and service.

Click here to view the complete guide

NYS Health Commissioner to Conduct Webinar on Medical Exemption for Vaccines Aug. 13th 12 noon

Thu, 08 Aug 2019 18:45:36 GMT

New York State Health Commissioner, Dr. Howard Zucker will conduct a webinar on Tuesday, August 13^th at 12 noon on the recent measles outbreak. The commissioner will also provide information pertaining to the new law regarding non-medical exemptions for vaccinations and existing requirements for authorizing medical exemption.

During this presentation, New York State Department of Health staff will review the current status of New York’s measles outbreak, discuss current reporting requirements, the importance of case investigations and monitoring of exposed individuals and control strategies in healthcare facilities.

This webinar is an opportunity to partner with the provider community to prepare for the upcoming school season and discuss activities underway to implement the new legislation.

Webinar Information

Topic: NYS Healthcare Professionals on Measles and Repeal of Non-Medical Exemptions
Date and Time: Tuesday, August 13, 2019 12:00 pm, Eastern Daylight Time (New York, GMT-04:00)
Event number: 649 366 029
Event password: MeaslesHCP2019

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To join the online meeting
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1. Go to
https://meetny.webex.com/meetny/onstage/g.php?MTID=e1d755b5a34cf42d59d291f0cba6dbfae
2. If requested, enter your name and email address.
3. If a password is required, enter the meeting password: MeaslesHCP2019
4. Click "Join".
5. Follow the instructions that appear on your screen.

Note: If you are unable to join the webinar but would like to participate in the audio portion only:

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To join the audio conference only
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Call the number below and enter the access code.
US Toll Free: 1-844-633-8697

Local: 1-518-549-0500
Access code: 649 366 029

Learn How to Survive a Malpractice Lawsuit

Tue, 06 Aug 2019 17:16:00 GMT

The New York State Society of Plastic Surgeons and The Doctors Company invite NYSSPS members to attend the Surviving Litigation Seminar, a complimentary workshop that provides constructive ways to deal with the stress of malpractice litigation.

The program will take place on October 3, 2019 in New York City.

Click here for full details

Allergan announces worldwide recall of Biocell textured implants

Wed, 24 Jul 2019 19:41:24 GMT

Today, Allergan announced that it is recalling its Biocell textured breast implants and tissue expanders.

The move follows increased scrutiny on textured breast implants and their connection to BIA-ALCL, an uncommon lymphoma that can develop around breast implants. The U.S. Food and Drug Administration (FDA) requested that Allergan recall specific models of its textured breast implants from the U.S. market due to the risk of BIA-ALCL, and Allergan agreed to voluntarily issue the recall as a precautionary measure.

Biocell saline-filled and silicone-filled textured implants and tissue expanders will no longer be distributed or sold in any market where they are currently available. The company urged healthcare providers to cease implanting its Biocell products and return any unused devices to Allergan.

Complete information

3 Months Away - Save Your Seat Today!

Sun, 21 Jul 2019 19:43:19 GMT

Attend the NYSSPS Annual Membership Dinner Meeting on October 21, 2019 at Maloney and Porcelli's Restaurant in New York City.

This year's meeting will feature discussions on Out of Network, How to Protect Your Assets and Gluteal Fat Grafting.

Members and residents can attend at no cost.

How Can We Serve You Better? NYSSPS Membership Survey

Fri, 05 Jul 2019 22:03:07 GMT

Thank You For Your Membership
How Can We Serve You Better?

We want to hear from you on how we can improve our current services, benefits and efforts. Please take 3 minutes to provide feedback that will help us to focus our resources on the interests of our members.

Take the Survey

Members of the organization have told us that the value of this organization is much greater than its cost and lies in its ability to:

Connect members with other plastic surgeon colleagues, policymakers and regulators in New York
Access and receive information specific to issues related to the practice of plastic surgery in New York
Provide education on how to negotiate contracts as you enter or change practice, survive lawsuits, navigate out of network regulations
Further define the importance of having an entity at the state level to discuss issues directly with elected officials

What do YOU think? What do YOU want?

What We are Doing for You, Your Practice and Your Patients

The Society has been actively working on (this list is not exhaustive):

Preventing medical liability expansions and encourage efforts to reduce meritless claims
Opposing efforts to establish a single payer system in NY
Reversing regulatory requirements for additional reporting of OBS procedures
Protecting patients from misleading advertisements
Ensuring children with congenital anomalies have access to reconstructive and rehabilitative services
Advocating to reduce the endless hassles with prior authorizations
Making medical reasons the only allowable exception to vaccination requirements.

Your membership dollar provides direct resources for:

Advocacy and Governmental Affairs Services
Educational Events
Communications / Website / Grassroots Action Center
Management / Lobbying contracts
Other expenses like travel and operations like supplies and telecommunications

Your membership in the NYSSPS is vital to our efforts! Thank you again for your commitment to the Society and the profession.

NYSSPS Call to Action - Oppose Medical Liability Expansions

Wed, 19 Jun 2019 18:05:02 GMT

Urge Representatives to Support Balanced Comprehensive Medical Liability Reform

In the final hours of this year's legislative session, the medical community is advocating against efforts that would greatly increase your medical liability premiums including legislation that would significantly expand wrongful death awards and others.

Enactment of any of these bills could significantly drive up your liability costs and effect a physician's ability to defend themselves in a malpractice lawsuit.

Please contact your Senators and Assemblymembers to urge that they oppose these bills and urge that they support balanced, comprehensive liability reform.

A pre-written message is available for you. You may modify to reflect your own practice situation. Every email counts!

Send Your Message

NYS Opioid Prescribing Down Over Five Year Period

Mon, 10 Jun 2019 17:13:51 GMT

Opioid prescribing by New York State physicians has decreased 37.5% percent between 2013-2018 and opioid prescriptions also decreased by 11.2% from 2017 to 2018 according to data recently released by the IQVIA, Danbury, CT, a data collection firm within the healthcare industry. The data is available here.

Additionally, the American Medical Association (AMA) has released its 2019 Opioid Progress Report—the third year that the AMA has reported on actions that physicians have taken to help end the nation’s opioid epidemic. The report shows significant decreases in opioid prescribing as well as increases in PDMP use and naloxone prescriptions. In addition to the national data, the AMA also released state-level data for opioid prescribing and PDMP use. New York State physicians and other users of the prescription monitoring program logged 23,931,571 inquiries in 2018, a 42% increase since 2014.

ASPS Efforts

In light of an ongoing opioid epidemic in the United States, the ASPS Patient Safety Committee has created a webpage dedicated to opioid prescribing resources. This site includes general information on opioids, a free CME course, and an ASPS Advocacy section.

How NYSSPS is Improving Insurance Access for Children

Sat, 25 May 2019 18:08:28 GMT

NYSSPS was recently interviewed on the Capitol Pressroom with host, Susan Arbetter, to discuss efforts to promote insurance coverage for babies born with a congenital anomaly.

The Society has launched a campaign to educate policymakers and the public that 1 in 38 New York babies are born with a congenital anomalies like a cleft palate.

The plastic surgery that is required for many of these children is typically not covered by insurance which turns families to Medicaid.

Access the recording: http://www.wcny.org/may-23-2019-improving-insurance-access/

NYSSPS Leadership to Testify at Single Payer Hearing in Albany

Fri, 24 May 2019 20:07:30 GMT

On Tuesday, May 28, 2019 the New York State legislature will hear public testimony on a proposal to create single payer system in the state.

The New York Health Act, A.5248/S.3577, would replace traditional health insurance coverage and public health coverage programs with single-payer health coverage, including long-term care, for all New Yorkers. The program would be publicly funded, including existing federal support for Medicaid and Medicare. New Yorkers would not be required to pay premiums, deductibles, co-pays, or out-of network charges.

This hearing is the first of a series of hearings that will provide an opportunity for comments and suggestions from stakeholders around the state on the New York Health Act.

NYSSPS leader, Daniel Huang, MD, will testify on behalf of the Society. The Society plans to cite concerns regarding delays in care, poorer outcomes and economic viability for practices.

NYSSPS acknowledges the Sponsor’s efforts to add provisions that remove the requirement for prior authorizations for health care services. Additionally, we acknowledge the provisions to allow for health care providers to collectively negotiate with New York Health including payment rates and methodologies.

The Society support solutions that build on the strengths of New York’s current system and will continue to work with the legislature to identify ways to advance healthcare delivery improvements. We strongly oppose the New York Health Plan in its current iteration but hope to work toward a viable plan acceptable to all stakeholders.

To submit your own testimony, please visit this link for more details.

Give Kids a Chance - 1in38 Campaign

Thu, 23 May 2019 14:47:59 GMT

In New York, 1 in 38 babies are born with a congenital anomaly. On average, children with congenital anomalies can expect anywhere from three to five surgical procedures throughout their childhood to restore a more normal appearance and function.

Join us in the campaign to Give Kids a Chance and modify existing laws to ensure there is insurance coverage for congenital anomalies. Learn more > www.1in38.org

NYSSPS Advocacy Efforts Successful in Keeping OBS Settings Safe and Economically Viable

Sat, 11 May 2019 22:18:16 GMT

PRESIDENT'S MESSAGE

As many of you know, in 2017, the NYS Department of Health (NYSDOH) implemented an adverse event monitoring program for office-based surgery (OBS) facilities. As part of an initial pilot program that began in 2017, OBS practices were asked to voluntarily file reports with the NYSDOH. Approximately 18% of all OBS practices in NY State voluntarily filed reports with NYSDOH in 2017 and 2018.

In late 2018, NYSDOH issued a proposed regulation that would have mandated specific annual reporting by all OBS practices. Our Society reviewed the proposed changes to 10 NYCRR 1000 and found that such regulatory changes would require burdensome and costly monitoring/tracking by OBS practices. The proposed regulations could have made office-based surgery economically untenable for small OBS facilities like those run by many plastic surgeons. We filed rational objections during NYSDOH’s public comment period and also brought to the attention of NYSDOH many of the mechanisms, already in place, that facilitate patient safety in the accredited OBS facilities in which board-certified plastic surgeons operate.

I am pleased to share with you that, following the public comment period in which the NYSSPS vigorously opposed the proposed regulatory changes, NYSDOH announced that OBS practices will not be mandated to report under the OBS monitoring program for 2019. Furthermore, the NYSDOH indicated that alternative data sources for procedural monitoring—that would hopefully be less burdensome—will be sought.

We will continue to monitor any proposed changes to the OBS reporting regulations, and work to keep OBS in NYS both safe and economically viable for plastic surgeons and their patients.

Thank you for your membership to the NYSSPS as is vital to our advocacy efforts - this is but one example!

Best,

David T. Greenspun, MD, MSc, FACS
NYSSPS President

NYSSPS Seeks Full Insurance Coverage for Congenital Anomalies

Fri, 10 May 2019 22:21:35 GMT

NYSSPS is proud to announce that it is working to advance efforts in the state to address insurance coverage for congenital anomalies. With support from ASPS, the Society will educate the public and policymakers on the importance to expedite care for those impacted with by congenital anomalies and seek legislative and regulatory changes to the existing law. More information on how you can become involved will be released in the coming weeks.

The 1in38 Campaign will focus it efforts on the following:

Educate

One in 38 New York babies are born with a congenital anomaly.

Nationally, of the 120,000 children born annually with congenital anomalies, approximately 40,000 require reconstructive surgery.

Although surgeons are able to correct many of these problems, some insurance companies deny or excessively delay access to care by labeling the procedures not medically necessary–“cosmetic,” or “non-functional” in nature.

Although carriers may provide coverage for initial procedures, they may resist coverage of the later stage procedures by claiming they are cosmetic and/or not medically necessary.

Regulate

Proactively address delays and denials of coverage for procedures and therapies.

Legislate

Require all health insurance policies to cover medically necessary procedures and therapies.

NYSSPS and ASPS Reject Efforts to Remove Patient Safety Protections

Tue, 07 May 2019 13:52:41 GMT

The NYS Society of Plastic Surgeons issued its opposition today to the NYS Senate Health Committee to advance legislation that would remove the rights of hospitals and insurance carriers to include standards for credentialing and privileging practices.

NYSSPS and ASPS are committed to ensuring patients have the best care possible, and believe that, across the practice of medicine, such a commitment requires physicians to: (1) stay abreast of the latest clinical research and standards of care; (2) demonstrate their mastery of the latest knowledge through objective and reliable assessment methods; and (3) integrate this knowledge into their practice.

NYSSPS believes the commitment to lifelong learning and clinical practice improvement that board certification and maintenance of certification (MOC) represent are appropriate criteria for hospitals and insurers undergoing credentialing.

It does not necessarily think MOC should be a mandated requirement in every state and facility, however, it does believe that S5280/A5140 undercuts the rights of hospitals and insurance carriers to determine what standards are required for participation.

The government should not dictate standards to experts on credentialing and privileging committees, as these determinations are made through highly-specialized evaluations.

This bill takes decisions that should be in the hands of doctors and places them in the hands of policymakers. Board certification is unquestionably an appropriate criterion to consider in licensure and for credentialing a physician to a hospital staff or an insurance network, and legislative efforts to undermine its relevance are unwise.

> For the complete memorandum, please contact the NYSSPS office.

The Doctors Company Announces 2019 Member Dividend for ASPS Members

Mon, 22 Apr 2019 13:56:32 GMT

The Doctors Company, the nation’s largest physician-owned medical malpractice insurer, and the exclusively endorsed carrier for the NYSSPS and ASPS^®, has announced a $10 million dividend. Since 1976, The Doctors Company has paid more than $425 million in dividends.

The 2019 dividend, approved by The Doctors Company Board of Governors, will provide a credit of 7 percent to eligible members in ASPS.

Eligible members will receive this year’s dividend on their annual premium for policy renewals on or after July 1, 2019.

For more information, please contact:

Brian Dalton
Assistant Vice President, Business Development
The Doctors Company, Northeast Region
105 Maxess Road, Suite 124, Melville, NY 11747
Mailing Address: PO Box 1471, East Lansing, MI 48826
Direct: (631) 248-2701, Toll Free: (800) 748-0465, extension 2701
Brian.Dalton@thedoctors.com

NYSDOH Advisory - Written Treatment Plans for Opioid Prescribing

Mon, 18 Feb 2019 22:02:08 GMT

On February 13, 2019, the New York State Department of Health provided the following advisory to physicians: A written treatment plan in the patient’s medical record is required if a physician prescribes opioids for pain that has lasted for more than three months or past the time of normal tissue healing.

There are exceptions for patients being treated for:

Cancer that is not in remission
Hospice or other end-of-life care and
Palliative care.

The treatment plan must follow generally accepted national professional or governmental guidelines, and shall include (but is not limited to) the documentation and discussion of the following clinical criteria within the medical record:

Goals for pain management and functional improvement based on diagnosis, and a discussion on how opioid therapy would be tapered to lower dosages or tapered and discontinued if benefits do not outweigh risks;
A review with the patient of the risks of and alternatives to opioid treatment; and
An evaluation of risk factors for opioid-related harms.

Such documentation and discussion of the above clinical criteria shall be done, at a minimum, on an annual basis.

For an example of a generally accepted national governmental guideline for prescribing opioids for chronic pain from the Centers for Disease Control and Prevention (CDC), visit https://www.cdc.gov/media/modules/dpk/2016/dpk-pod/rr6501e1er-ebook.pdf.

State and National Advocacy Days Announced - Registration is Open

Thu, 24 Jan 2019 22:19:44 GMT

NYSSPS ANNUAL ADVOCACY DAY
Tuesday, May 21, 2019

Albany, NY

On Tuesday, May 21st, 2019 you are invited to advocate for your patients and the profession during the annual New York State Society of Plastic Surgeons Annual Advocacy Day.

The day will begin with a legislative briefing of the issues and “asks” as well as a discussion on how to maintain and advance relationships with lawmakers.

Appointments are scheduled to begin at 10:00am and end at 4:00pm.

Why Advocate?

Advocacy ensures issues affecting plastic surgeons and patients are recognized
If you don’t have a seat at the table, you’re on the menu
Regardless of your politics, the consequences of state policy affect your daily practice and cannot be ignored

Registration is open and available

ASPS Advocacy Summit

June 17-19, 2019
Washington Court Hotel
525 New Jersey Ave NW
Washington, DC 20001

Brought to you by the ASPS Legislative Advocacy Committee and the PlastyPAC Board of Governors

Meet with your U.S. Senators and Representative
Participate in workshops to learn more about the state, federal and regulatory issues facing the specialty
Shape the Society's advocacy agenda by determining ASPS's federal and state policy priorities
Learn first-hand from congressional staff, administration liaisons and political analysts about the future of healthcare
Network with leaders from ASPS and local, state and regional plastic surgery societies

As a board-certified plastic surgeon and an ASPS member, you have the experience, knowledge and ideas to inform Congress before they craft and vote on public policy matters affecting the practice of medicine and the care your patients receive.

Speak with one voice in Washington, D.C. at the 2019 ASPS Advocacy Summit!

Office Based Surgical Practices - New Mandate Coming for Procedure Reporting

Thu, 15 Nov 2018 17:53:50 GMT

On November 15, 2018, the New York State Society of Plastic Surgeons (NYSSPS), sent a letter to Marcus Friedrich, MD, Chief Medical Officer at the NYS Department of Health, citing concerns regarding the vagueness of the recently released regulations seeking to mandate procedure reports for office-based surgical practices.

As written, the Society noted that the proposed regulation does not meet the standards of rule making and lacks specificity in how, when and what the NYS DOH will require of practices, making the opportunity for plastic surgeons to provide meaningful comment as to the impact this will have on their practices null and void.

NYSSPS appreciates the opportunity to continue to work with the New York State Department of Health in furthering quality improvement while protecting patients. However, as written, does not support efforts by the DOH to grant itself broad discretion to define what information OBS practices must report, as well as the form, format and timing of such reports.

The Society urged DOH to re-publish a proposed regulation that provides the public with a meaningful opportunity to clearly understand the expectations of the department.

NYSSPS Comment Letter
Proposed Regulations

CMS Final Rule Overview

Thu, 15 Nov 2018 15:47:34 GMT

Thursday November 15, 2018 | 12:00 PM – 1:30 PM EDT
Register Here: https://engage.vevent.com/index.jsp?eid=3536&seid=1288

The Centers for Medicare & Medicaid Services (CMS) is hosting a webinar on Thursday, November 15, 2018 at 12:00 PM ET to provide information about the final rule for Year 3 (2019) of the Quality Payment Program.

During the webinar, CMS subject matter experts will:

Provide an overview of the Quality Payment Program, Merit-based Incentive Payment System (MIPS) and Advanced Alternative Payment Models (Advanced APMs)
Discuss Year 3 MIPS and Advanced APM policy changes
Highlight key differences between Year 2 and Year 3 requirements
Review ways to connect to the no-cost technical assistance and identify additional resources where attendees can learn more.

The audio portion of this webinar will be broadcast through the web. You can listen to the presentation through your computer speakers. CMS will open the phone line for the Q&A portion. If you cannot hear audio through your computer speakers, please contact CMSQualityTeam@ketchum.com

Be Aware: Extortion Scam Targeting DEA Registrants

Thu, 01 Nov 2018 14:15:24 GMT

DEA is aware that registrants are receiving telephone calls and emails by criminals identifying themselves as DEA employees or other law enforcement personnel. The criminals have masked their telephone number on caller id by showing the DEA Registration Support 800 number. Please be aware that a DEA employee would not contact a registrant and demand money or threaten to suspend a registrant's DEA registration.

If you are contacted by a person purporting to work for DEA and seeking money or threatening to suspend your DEA registration, submit the information through "Extortion Scam Online Reporting" posted on the DEA Diversion Control Division's website, www.DEADiversion.usdoj.gov.

Extortion Scam Online Reporting

For more information contact:
Locate DEA Field Office for your area - https://apps.deadiversion.usdoj.gov/contactDea/spring/fullSearch
Registration Service Center - 1-800-882-9539
Email - DEA.Registration.Help@usdoj.gov

Pre-Registration for Annual Meeting Now Closed

Fri, 26 Oct 2018 16:20:37 GMT

The NYSSPS Annual Membership Meeting will take place on Monday, October 29, 2018 from 6:00pm - 9:00pm at the Maloney and Porcelli Restaurant in NYC.

Event details can be found here.

Pre-registration for the event is now closed.

However, we will accept on-site registrations.

Should you have any questions, please contact Babette Grey, Executive Director at nyssps@gmail.com

2018 Legislative Recap: How NYSSPS and ASPS Worked Together

Thu, 04 Oct 2018 15:34:57 GMT

Together, NYSSPS and ASPS closely monitored legislation regarding physician fee schedules, maintenance of certification, physician advertising, naturopathic scope of practice, single payer and more.

ENGAGEMENT

Physician Advertising

One of the Society’s top legislative priorities is to advance laws that impose stricter regulations on the information that can be displayed within physician advertisements. Specifically, ASPS calls for state legislatures to pass measures that require advertisements to include the full name of the certifying body and only permits ABMS or AOA boards to include the phrase “board certified.” ASPS and the New York State Society of Plastic Surgeons (NYSSPS) first started working on this issue in the spring of 2017 when NYSSPS advanced model language through the Medical Society of the State of New York’s House of Delegates. Following passage in the state’s House of Delegates, NYSSPS began speaking with other specialties to gain full support for the measure.

Unfortunately, NYSSPS hit a road block in 2018 when a medical specialty asked for amendments to the bill that would seriously weaken the protections in place. ASPS and NYSSPS coordinated stakeholder conference calls to discuss the value of the bill, as drafted, and the ramifications of the requested amendments to patient safety in New York. Meanwhile, NYSSPS physicians conducted a lobby day in Albany at the state capitol where they educated members of the legislature about the bill proposal. The Society met with several key legislators in an effort to secure sponsors in both the Assembly and the Senate. NY state Sen. Joseph Griffo expressed interest in championing the bill and modified his legislation. Unfortunately, due to the extensive revisions, a technical oversight occurred and needs to be revised before the Society can garner and show complete support. ASPS looks forward to working with NYSSPS to advance this measure in 2019.

Single Payer

In what has become a yearly legislative maneuver, the New York State Assembly passed legislation that would implement a single payer healthcare system. NYSSPS and ASPS engaged the legislature on four different occasions – submitting three letters in the Assembly and one to the Senate – in opposition to the bill. ASPS and NYSSPS oppose the creation of a single payer system and voiced concern over the impact of the proposed system to patient access to care and overall healthcare delivery. The societies also identified many shortcomings of the proposal within their comments to the legislature.

Passage of the bill in the lower house has become a symbolic move, as this is now the fourth year in a row that the Democratic-led chamber has approved the measure. The Republican-led Senate has quashed any further movement of the bill each time the Assembly has messaged it over to the upper house. However, NY Governor Andrew Cuomo has suggested possible support for a single payer system. We anticipate this legislation will be introduced and quickly advance again in 2019.

Physician Fee Schedules

Rep. Gottfried introduced legislation that prohibits health plans from setting reimbursement rates at the lowest price/rate that the provider has charged another patient for the same procedure. In a letter to the New York State Assembly, ASPS and NYSSPS supported this measure as it protects providers who practice in multiple geographic areas and who therefore experience disparities in fees for those respective regions. The bill will also protect providers who move their practice to regions with fee disparities and will appropriately promote the use of the most applicable fee for that patient population. While this bill passed the Assembly Health Committee, it failed upon adjournment of the legislature.

Maintenance of Certification

Asm. Schimminger and Sen. DeFrancisco introduced legislation that would allow the government, instead of medical experts, to make determinations about the use of maintenance of certification for credentialing by hospitals and insurance carriers. ASPS and NYSSPS believe the certification provided by the American Board of Plastic Surgery is the best validation of physician knowledge for the specialty, which is why the Society submitted a letter to the bill sponsors in opposition to these measures. We are pleased to report that these bills failed upon adjournment of the legislature.

Naturopathic Scope of Practice

Asm. Ortiz introduced legislation that would allow naturopaths to administer drugs and perform select surgical procedures. Surgeons train as much as four-times as long as naturopaths, which demonstrates the lack of educational and clinical experience of these holistic providers. In a letter to legislative leadership, NYSSPS and ASPS opposed this measure as it poses a threat to patient safety and lowers the standard of surgical care. We are pleased to report that this measure failed upon adjournment of the legislature.

ADVOCACY SUMMIT

ASPS extends special thanks to those members who attended the Advocacy Summit on June 26-28 in Washington, DC including: NYSSPS Board members Stephen Coccaro, MD, FACS, Ash Patel, MBChB, FACS, Andrew Kleinman, MD, and Keith Blechman, MD; NY LAC representatives George Kamel, MD, Malcolm Roth, MD, JT Stranix, MD and Paul Weiss, MD; as well as NY plastic surgeons Robert Goldstein, MD, Alan Matarasso, MD, Hina Patel, MD, MPH, Andrea Pusic, MD, MHS and Mark Smith, MD, FACS.

While in D.C., these New York plastic surgeons met with Sen. Kirsten Gillibrand (D-NY), Sen. Charles Schumer (D-NY), Rep. Nydia Velazquez (D-NY-07), Rep. Jerrold Nadler (D-NY-10), Rep. Carolyn Maloney (D-NY-12), Rep. Eliot Engel (D-NY-16), Rep. Nita Lowey (D-NY-17), Rep. Paul Tonko (D-NY-20) and Rep. Lee Zeldin (R-NY-01). We hope the Summit offered ASPS members with greater insight into the state and federal legislative issues facing the specialty.

Save the Date!

May 21, 2019
NYSSPS Annual Advocacy Day
Albany, New York

American Society of Plastic Surgeons Names Alan Matarasso, MD, as New President

Mon, 01 Oct 2018 18:05:49 GMT

ARLINGTON HEIGHTS, IL – Alan Matarasso, MD, Clinical Professor of Surgery at Northwell Health System/Hofstra University, Zuckerman School of Medicine, and a private-practice plastic surgeon based in New York City, was named president of the American Society of Plastic Surgeons (ASPS), the world's largest organization of board-certified plastic surgeons. Dr. Matarasso took office at Plastic Surgery The Meeting, the Society's annual scientific meeting, in Chicago and will serve for one year.

"I am honored to lead the world's largest organization of board-certified plastic surgeons," noted Dr. Matarasso. "As President, I will ensure that ASPS continues to advocate for patient safety and provide members with practice support, educational opportunities and resources to ensure we advance and improve the quality of care for plastic surgery patients."

A graduate of the University of Miami-Miller School of Medicine, Dr. Matarasso trained in general surgery and plastic surgery at the Albert Einstein College of Medicine-Montefiore Hospital. He completed a fellowship in cosmetic surgery at Manhattan Eye, Ear and Throat Hospital/Institute of Reconstructive Plastic Surgery-New York University Medical Center, and he achieved the rank of Clinical Professor of Plastic Surgery at Albert Einstein College of Medicine.

Dr. Matarasso has devoted his entire career to the subspecialty of aesthetic plastic surgery, and he is dedicated to improving plastic surgery for all patients and physicians. He joined ASPS more than 30 years ago and has served on several committees in a leadership role, including Board Vice President of Private Practice & Aesthetic Surgery, and associate editor for the journal Plastic Reconstructive Surgery (PRS).

Dr. Matarasso has authored nearly 200 articles and 60 book chapters and monographs. He has presented almost 600 papers, posters and lectures nationally and internationally. He is on the editorial boards of Plastic Reconstructive Surgery, PRS Global open and Clinics in Plastic Surgery, and he formerly served as a founding editorial board member and senior scientific editor and cosmetic medicine section editor of Aesthetic Surgery Journal.

A past president of The Rhinoplasty Society and the New York Regional Society of Plastic Surgeons, Dr. Matarasso has served on the boards of numerous organizations and as a traveling professor for two plastic surgery societies. His dedication to medical training, education and scientific research are also manifested in his membership and active participation in more than 20 regional and national medical organizations.

About ASPS

The American Society of Plastic Surgeons (ASPS) is the world's largest organization of board-certified plastic surgeons. Representing more than 7,000 Member Surgeons, the Society is recognized as a leading authority and information source on aesthetic and reconstructive plastic surgery. ASPS comprises more than 94 percent of all board-certified plastic surgeons in the United States. Founded in 1931, the Society represents physicians certified by The American Board of Plastic Surgery or The Royal College of Physicians and Surgeons of Canada. ASPS advances quality care to plastic surgery patients by encouraging high standards of training, ethics, physician practice and research in plastic surgery.

Contact ASPS

Kendra Y. Mims
(847) 981-5432
kmims@plasticsurgery.org

Will NY Legalize Recreational Marijuana?

Tue, 25 Sep 2018 18:26:55 GMT

Governor Cuomo has called for a series of “listening sessions” across New York State to receive public comment regarding a proposal to legalize and regulate the recreational use of marijuana in New York State.
There are public health concerns with this proposal including but not limited to the following. We encourage all physicians to participate in these listening sessions and provide your expertise and feedback.

Intoxication
Carcinogenic effects
Respiratory illnesses
Altered mental status
Depression
Anxiety
Addiction

In the era of narcotic dependence and associated catastrophic outcome, the State of New York is seeking to legalize this substance. It is important to have a consistent and scientifically sound public health policy concerning this issue.

Newburgh – Monday, October 1, 2018 – Register
Binghamton – Tuesday, October 2, 2018 – Register
Buffalo – Wednesday, October 3, 2018 – Register
Rochester – Thursday, October 4, 2018 – Register
Syracuse – Tuesday, October 9, 2018 – Register
Utica – Wednesday, October 10, 2018 – Register
Watertown – Thursday, October 11, 2018 –Register
Ronkonkoma – Tuesday, October 16, 2018 – Register
New Rochelle – Wednesday, October 17, 2018 – Register

ASPS Posts FAQs on BIA-ALCL

Thu, 09 Aug 2018 20:49:56 GMT

Only July 30, 2018 - ASPS and ASAPS released an advisory update on recent disease developments, government regulatory communications, and consensus recommendation regarding BIA-ALCL (Breast Implant-Associated Anaplastic Large Cell Lymphoma).

The FAQs can be found here.
The Complete BIA-ALCL Physician Resources can be found here.

Your Role in Paid Family Leave - Webinar Opportunities Available

Mon, 30 Jul 2018 15:22:18 GMT

The Physician's Role in Paid Family Leave

As a physician, you play a critical role in certifying medical documentation in a timely manner and raising awareness of Paid Family Leave among your patients and their families.

Physicians can determine if a patient with a serious health condition is in need of family care and help them receive the support they need. Additionally you can provide the required certification or documentation to patients and family members who request Paid Family Leave for either bonding with a new child or caring for a family member with a serious health condition.

This presentation will:

Provide an overview of New York's Paid Family Leave
Provide an overview of the health care providers' role in the process
Point you to helpful resources.

There are two opportunities to attend. There will be time at the end for questions and answers as well.

Tuesday, July 31, 4:00 p.m. - 5:00 p.m. Register here
Tuesday, August 7, 4:00 p.m. - 5:00 p.m. Register here

When you click 'Register here', you will be taken to a general information page. You must click 'Register' on the bottom of that page to sign up.

More Information

Complete details regarding Paid Family Leave are available at ny.gov/PaidFamilyLeave, including Employee and Employer request forms

Additionally, downloadable guides:

You can also call the Paid Family Leave Helpline at (844) 337-6303, Monday through Friday, 8:30 a.m. - 4:30 p.m. for more information or assistance

Why You Should Review Your Website for ADA Compliance

Mon, 18 Jun 2018 15:38:00 GMT

Legal Technology Alert: ADA Website Accessibility Lawsuits are on the Rise

It is important for all health care providers to ensure that their websites are fully accessible to persons with visual impairments or other similar disabilities.

The best practice for health care providers to follow is to have IT professionals conduct a comprehensive website audit, guided by counsel to preserve confidentiality.

In order to avoid litigation, practices should review their websites for compliance with the Americans with Disabilities Act (“ADA”).

Click here to learn more about reviewing your exposure.

Our Relationship Partners

Garfunkel Wild PC is general counsel to the Society. Our Garfunkel Wild's relationship partners are:

Barry Cepelewicz, M.D., Esq. (bcepelewicz@garfunkelwild.com)
Andrew E. Blustein, Esq. (ablustein@garfunkelwild.com)
James E. Dering, Esq. (jdering@garfunkelwild.com)

You can reach them by phone at: (516) 393-2230

New Exclusive Malpractice Insurer for NYSSPS

Wed, 13 Jun 2018 13:44:04 GMT

The NYSSPS Executive Council is pleased to announce that it has chosen The Doctors Company as the NYSSPS exclusively endorsed professional liability carrier.

We chose to endorse The Doctors Company because as an organization founded and led by physicians and owned by members, they share our commitment to address challenges faced by our members and our focus on legislative advocacy. As the largest insurer of plastic surgeons in the nation, they also have an unparalleled understanding of liability claims against our specialty.

NYSSPS members are now eligible for a multitude of offerings from The Doctors Company, including aggressive defense; expert patient safety tools and programs; risk management courses to maintain Section 18 excess eligibility; premium credits; and a range of coverage options.

For more information on the membership privileges you will receive from The Doctors Company, call them at (631) 248-2710 or visit thedoctors.com.

Advocate for Truth in Advertising

Thu, 10 May 2018 14:55:14 GMT

Amend Bill & Provide Safeguards from Misleading Advertisements: S5870 /A560

Among patients and the general public, the term “board certified” has come to signify the highest achievement in clinical training and expertise. When individuals seek medical care, the knowledge that their physician is board certified assures them that they are engaging a provider with significant direct training and demonstrated, validated skill in the specialty certification advertised. As a result, it is crucial that the quality associated with the term “board certified” is protected.

As currently written S5870/A560 language would allow physicians who are certified by substandard boards to advertise their certification in a misleading way. It would allow physicians practicing outside the specialty or subspecialty they trained in to present themselves to the public in a manner suggesting otherwise.

To avoid this unintended consequence, the bill should be amended to include language that ensures boards require adequate training of their diplomates.

Call to Action

Send a message to your legislator today! A sample has been provided for you. It should take you less than 3 minutes to complete.

Board Certification an Invaluable Tool in Patient Safety

Mon, 07 May 2018 14:59:43 GMT

NYSSPS is committed to ensuring patients have the best care possible, and we believe that, across the practice of medicine, such a commitment requires physicians to: (1) stay abreast of the latest clinical research and standards of care; (2) demonstrate their mastery of the latest knowledge through objective and reliable assessment methods; and (3) integrate this knowledge into their practice.

We believe that American Board of Medical Specialties (ABMS) boards, and the American Board of Plastic Surgery (ABPS) specifically, are critical to our members meeting these commitments.

When patients seek medical care, the knowledge their physician is board certified, and maintains this certification, assures them they are engaging a physician with significant direct training and validated skill in the specialty certification advertised. Board Certification, and the maintenance of this certification, is a valuable tool in the ongoing effort to maximize patient safety.

As a result, it is crucial the quality associated with the term “board certified” is protected and the rights of hospitals and insurance carriers to include these standards for credentialing and privileging practices be retained.

Call to Action

Oppose S7357A (DeFrancisco) / A4914B (Schimminger) - If enacted, this bill takes decisions that should be in the hands of doctors and experts on credentialing and privileging committees and places them in the hands of policymakers. Board certification is unquestionably an appropriate criterion to consider in licensure and for credentialing a physician to a hospital staff or an insurance network, and legislative efforts to undermine its relevance are unwise.

Contact your representatives today and urge them to vote NO!

Oppose Inappropriate Expansion of Denistry

Sat, 05 May 2018 15:08:13 GMT

New York is seeing many efforts from non-physician health care providers to provide increasingly popular elective surgical services, but these shortcuts expose patients to unnecessary risk and potentially hazardous outcomes.

This is not an issue of necessity or convenience and patient care for the citizens of New York should not be compromised.

Policy should explore and implement measures that help ensure an adequate distribution of physicians in all communities and focus on attracting and retaining new physicians throughout the state.

Call to Action

Contact your legislators and urge them to oppose S3551 A4543 which permits all dental practitioners to perform a wide range of medical and surgical procedures within the oral maxillofacial area including:

rhinoplasty (nose jobs)
blepharoplasty (eyelid surgery)
rhytidectomy (face lift)
submental liposuction
otoplasty (ear surgery)
dermabrasion,
Other procedures of the head and neck performed by plastic surgeons, otolaryngologists, ophthalmologists and neurosurgeons

Corrected! The Website is Secure

Mon, 23 Apr 2018 14:56:21 GMT

Working with WildApricot, we have corrected the security certificate issue.

You can rest assure everything is up and working correctly. Your information (for example, passwords or credit card numbers) are all private when it is sent to this site.

We thank our members who alerted us to the issue and to WildApricot for their speediness in resolving the issue!

Should you have further questions, do not hesitate to contact us: nyssps@gmail.com or 518-598-7755.

Receiving a Security Certificate Error

(Past member) — Fri, 20 Apr 2018 21:40:17 GMT

Thank you to our members who have alerted us to a hiccup in our launch of the new website! We are working to resolve and we will inform you once completed!

DEA Warns Public of Extortion Scam by DEA Special Agent Impersonators

(Past member) — Tue, 03 Apr 2018 13:54:00 GMT

The Drug Enforcement Administration is warning the public about criminals posing as DEA Special Agents or other law enforcement personnel as part of an international extortion scheme.

The criminals call the victims (who in most cases previously purchased drugs over the internet or by telephone) and identify themselves as DEA agents or law enforcement officials from other agencies. The impersonators inform their victims that purchasing drugs over the internet or by telephone is illegal, and that enforcement action will be taken against them unless they pay a fine. In most cases, the impersonators instruct their victims to pay the "fine" via wire transfer to a designated location, usually overseas. If victims refuse to send money, the impersonators often threaten to arrest them or search their property. Some victims who purchased their drugs using a credit card also reported fraudulent use of their credit cards.

Impersonating a federal agent is a violation of federal law. The public should be aware that no DEA agent will ever contact members of the public by telephone to demand money or any other form of payment.

The DEA reminds the public to use caution when purchasing controlled substance pharmaceuticals by telephone or through the Internet. It is illegal to purchase controlled substance pharmaceuticals online or by telephone unless very stringent requirements are met. And, all pharmacies that dispense controlled substance pharmaceuticals by means of the internet must be registered with DEA. By ordering any pharmaceutical medications online or by telephone from unknown entities, members of the public risk receiving unsafe, counterfeit, and/or ineffective drugs from criminals who operate outside the law. In addition, personal and financial information could be compromised.

Anyone receiving a telephone call from a person purporting to be a DEA special agent or other law enforcement official seeking money should refuse the demand and report the threat using the online form below. Please include all fields, including, most importantly, a call back number so that a DEA investigator can contact you for additional information. Online reporting will greatly assist DEA in investigating and stopping this criminal activity.

> Online Reporting

For more information contact:Locate DEA Field Office for your area - https://apps.deadiversion.usdoj.gov/contactDea/spring/fullSearch

Registration Service Center - 1-800-882-9539

Email - DEA.Registration.Help@usdoj.gov

Oppose Inappropriate Expansion of Denistry

(Past member) — Tue, 27 Mar 2018 13:47:43 GMT

The current practice of dentistry is defined as diagnosing, treating, operating, or prescribing for any disease, pain, injury, deformity, or physical condition of the oral and maxillofacial area relating to restoring and maintaining dental health. By removing the language, "restoring and maintaining dental health" the bill permits dental practitioners to perform a wide range of medical and surgical procedures incongruent with dental training and practice including but not limited to rhinoplasty (nose jobs), blepharoplasty (eyelid surgery), rhytidectomy (face lift), submental liposuction, otoplasty (ear surgery), dermabrasion, and other procedures of the head and neck performed by plastic surgeons, otolaryngologists, ophthalmologists and neurosurgeons.

This bill would permit all dental practitioners to perform a wide range of medical and surgical procedures within the oral maxillofacial area.

Dentists, even oral and maxillofacial surgeons, are not trained in the systemic management of disease and, therefore, are not prepared to conduct a proper pre-operative evaluation, assess what surgical approach is most appropriate, or determine how to manage complications which may arise.

This type of expansion dangerously comprises patient safety and quality of care. Rather, policies should explore and implement measures that help ensure an adequate distribution of physicians in all communities and focus on attracting and retaining new physicians throughout the state.

Allowing limited license providers to become medical doctors by legislative fiat runs counter to federal and state policies that promote physician led, team-based health care. > Use the NYSSPS Grassroots Action Center to Oppose S3551/A4543

Support Efforts to Collectively Negotiate with Health Plans

(Past member) — Thu, 22 Mar 2018 13:49:46 GMT

Currently, federal antitrust laws prohibit individual health care providers from acting in concert to collectively negotiate any of the financial provisions of the contracts they sign with managed care entities. Even though the anti-trust laws were put into place to prevent concentration of market power, health insurers' power has grown out of proportion, enabling them to define physician's contracts with limited fess, covered benefits and access.

S3663 (Hannon) A4472 (Gottfried) will restore fairness in the contracting process between health care providers and large managed care plans by empowering providers, especially those in solo or independent practice, to advocate for their patients and encourage competition in the market.

Restore fairness in the contracting process between health care providers and large managed care plans - Support S3663 A4472

Ensuring Adequate Out of Network Coverage

(Past member) — Tue, 20 Mar 2018 13:52:35 GMT

New York's Health Insurance Exchange is a model for the nation, facilitating necessary health coverage for over 2 million New Yorkers.

S5675 (Hannon) / A7671 (Rosenthal) ensures consumer choice by amending the public health law and the insurance law requiring health care insurers to offer coverage for health care provided by out-of-network providers (inside and outside of statewide health benefit exchange).

The Exchange is experiencing a lack of network adequacy due to physicians being unfairly excluded from Exchange networks despite their interest to participate in the plans. In several areas of the State (HV, NYC and LI), there are NO policies available in the individual Exchange market. In addition, there are pervasive reports and frustrations over the inaccuracies on health insurers websites listing "participating" physicians who actually do not participate, are not taking new patients, or list wrong contact information.

Our Ask: Support efforts to advance S5675 (Hannon) / A7671 (Rosenthal)

2 Opportunities to Meet with Lawmakers

(Past member) — Tue, 30 Jan 2018 14:19:58 GMT

NYSSPS ANNUAL ADVOCACY DAY

Tuesday, May 15, 2018
Albany, NY

On Tuesday, May 15th, 2018 you are invited to advocate for your patients and the profession during the annual New York State Society of Plastic Surgeons Annual Advocacy Day.

The day will begin with a legislative briefing of the issues and “asks” as well as a discussion on how to maintain and advance relationships with lawmakers.

Appointments are scheduled to begin at 10:00am and end at 4:00pm.

Why Advocate?

Advocacy ensures issues affecting plastic surgeons and patients are recognized
If you don’t have a seat at the table, you’re on the menu
Regardless of your politics, the consequences of state policy affect your daily practice and cannot be ignored

Registration is open and available

ASPS Advocacy Summit

June 26-28, 2018
Washington Court Hotel
525 New Jersey Ave NW
Washington, DC 20001

Members of the NYSSPS will:

Meet with members of Congress from your home and business district
Participate in workshops on pressing state and federal legislative issues
Learn first-hand from political analysts how Congress is shaping health care
Network with leaders from ASPS and local, state and regional plastic surgery societies

> Register today!

Announcement: Garfunkel Wild, PC Chosen as Legal Counsel to NYSSPS and its Members

(Past member) — Thu, 18 Jan 2018 14:17:13 GMT

We are pleased to announce that the New York State Society of Plastic Surgeons has selected the law firm of Garfunkel Wild, P.C. to serve as its General Counsel and be available to serve its members.

GW’s attorneys can advise and represent you in matters including: OPMC; compliance issues; employment disputes; real estate leases and purchases; wills and estate planning; corporate transactions; litigation and arbitrations; audits and investigations; and payor disputes. With over 80 attorneys serving the health care industry, GW has, for over 35 years, focused its attention on the needs of individuals and entities that provide health care services, including thousands of physicians and physician practices.

GW’s New York offices are located in Great Neck and Albany. Many of its attorneys have enjoyed prior careers as physicians, nurses, risk managers, prosecutors, and regulators and the firm’s Albany office includes three partners who served in high-level positions within DOH.

GW is available for general legal questions. Should you retain their services, as a NYSSPS member you will receive a discount off GW’s applicable fees.

Update: Physician Advocacy Program Now with Weiss Firm

(Past member) — Mon, 01 Jan 2018 14:18:05 GMT

The Physician Advocacy Program that was previously run as a MSSNY member benefit through Kern Augustine Is now being administered by the firm of Weiss Zarett Brofman Sonnenklar & Levy, PC.

If you are a member of the program, your files are now located at the Weiss firm. Call or email:

Mathew Levy, Esq.
Weiss Zarett Brofman Sonnenklar & Levy, PC
3333 New Hyde Park Road, #211
New Hyde Park, NY 11042
516-926-3320

NYSSPS Welcomes its Newest President

(Past member) — Tue, 07 Nov 2017 14:18:50 GMT

On Monday, November 6, 2017 over 70 plastic surgeons, residents, industry partners and staff welcomed Stephen Coccaro, MD as the New York State Society of Plastic Surgeon's newest President at its annual membership dinner meeting at Maloney and Porcelli's Restaurant in NYC.

This meeting continues to be an exclusive opportunity to network with colleagues, policymakers and industry partners. This year's agenda focused on amplifying the physician's voice in healthcare policy and navigating the medical liability environment in New York.

Stephen F. Coccaro, MD graduated from New York University cum laude and he attended medical school at Upstate Medical Center in Syracuse and Binghampton.

He completed a full general surgery residency at St Barnabas Medical Center in Livingston, NJ before going on to complete a fellowship in plastic surgery at the University of New Mexico in Albuquerque. He is a Fellow of the American College of Surgeons and a senior partner in Suffolk Plastic Surgeons, PC in East Setauket. He is the Immediate Past President of the medical staff and has served as Chief of Plastic Surgery at St Charles Hospital in Port Jefferson, NY. He is Clinical Assistant Professor of Surgery at Stony Brook School of Medicine. He is a past president of both the Suffolk County Medical Society and the Suffolk Academy of Medicine.

Dr. Coccaro has represented Suffolk County at the MSSNY House of Delegates for over 10 years and has chaired its Public Health and Education committee. He is the current chair of MSSNY's Organized Medical Staff Section and has represented it at the AMA annual meetings. He is chairman of Blanca's House, an organization he helped create, to provide health care in Central and South America and has made over 13 medical missions through this and other organizations. He is also very active in his local community being on school and civic boards.

With his wife Anna, he has three sons and makes his home in Setauket, Long Island.

Induction of Officers took place with the following: Stephen Coccaro, MD – President; David Greenspun, MD – President-Elect; Thomas Sterry, MD – Vice President; Ash Patel, MD – Secretary; Beth Aviva Preminger, MD – Treasurer; Keith Blechman, MD - Member at Large and Kaveh Alizadeh, MD - Immediate Past President

We welcome the new leadership and look forward to a very successful year ahead! Congratulations!

Transition to New Medicare Numbers and Cards

(Past member) — Tue, 03 Oct 2017 13:26:13 GMT

The Centers for Medicare & Medicaid Services (CMS), through the Medicare Administrative Contractors (MACs), recently mailed letters to all Medicare fee-for-service providers about the work to assign new numbers known as Medicare Beneficiary Identifiers (MBIs) and issue new Medicare cards to Medicare beneficiaries beginning in April 2018.

CMS top priorities include:

Ensuring Medicare patients have continuous access to care; and
Physicians have the tools and information you need for a smooth transition. Starting in June 2018, you can look up your patients New Medicare numbers through your MACs secure web portal.

Carefully review the letter and accompanying fact sheet and find out how to prepare to accept the new number beginning in April 2018.

Your letter will contain specific information for your MAC. You can also view a sample letter and print-friendly fact sheet.

For More Information

Review the new Medicare card design and press release to learn more.

Just Days Away - Comply with Mandatory Narcotic Coursework for Prescribers

(Past member) — Wed, 28 Jun 2017 13:25:23 GMT

Complying with Mandate

Physicians with a valid DEA number and medical residents prescribing under a hospital or facility DEA number must complete and attest to a mandatory 3-hour training course covering pain management, palliative care and addiction by July 1, 2017 and every three years thereafter.

Instructions on How to Attest

Use the Narcotic Education Attestation Tracker (NEAT) in the Health Commerce System.

You must attest to your own completion of the course work or training and notify the New York State Department of Health that you have completed the educational requirement by submitting an online attestation through NEAT.

For medical residents who are authorized to prescribe under a facility's DEA registration number, the facility must make such attestation.

Applicable Coursework

For the initial attestation deadline of July 1, 2017, applicable course work or training completed from July 1, 2015, to July 1, 2017, is permissible to satisfy the requirement. For each and every subsequent attestation period, course work or training must be completed during the applicable attestation period.

Prescribers can get their training through any course that has been approved by the DOH.

Available Option

The DOH is offering a free online-accredited course through The University at Buffalo School of Pharmacy and Pharmaceutical Sciences. Registration is available online through the Opioid Prescriber Training Program

Additional Information

Additional information about the law can be found here on the DOH website.

Note:

Prescribers licensed on or after July 1, 2017, who have a DEA registration, as well as medical residents authorized to prescribe controlled substances under a facility DEA registration, shall complete the course work or training within one year of registration, and once within each three-year period thereafter.

NYSSPS and ASPS Fight Against Medical Liability Expansion

(Past member) — Mon, 26 Jun 2017 13:24:37 GMT

(Adapted from ASPS Advocacy Matters - June 2017)

The New York State Society of Plastic Surgeons (NYSSPS) and ASPS have faced an uphill battle against legislation that would establish a ten-year statute of limitations on the date of discovery for medical liability cases. The legislation would have a direct and detrimental impact on New York's physicians and would reverse critical reforms originally put in place to remedy the malpractice crisis the state experienced in the 1970's and 1980's.

Towards the conclusion of the 2015 legislative session, the New York State Assembly demonstrated the legitimacy of this measure when it passed the bill on a vote of 96 to 24. In January 2016, both houses reintroduced the legislation and all signs indicated that the bill would pass last year. NYSSPS and ASPS conducted extensive advocacy against the proposal and were active partners in a coalition that opposed this legislation. After countless hours of advocacy, the legislation was stopped and died at the end of session.

The measure resurfaced in 2017, NYSSPS and ASPS once again reacted. Together, they conducted two grassroots initiatives to mobilize plastic surgeons in New York. The societies also wrote to the New York State Assembly Codes Committee urging members to oppose the date of discovery rule change, as well as to the full Assembly at large encouraging the body to oppose a series of harmful liability bills. The New York State Society of Plastic Surgeons placed further pressure on their state legislators when they advocated against the bill in-person at the state house in May. The state legislative session recessed on June 21, but last minute maneuvering resulted in a deal being cut and the legislation passing. The bill now await consideration by Governor Cuomo.

In the end, the application of the new date of discovery statute of limitations will be seven years instead of the originally-proposed ten. Additionally, it will only apply to medical cases involving cancers and malignant tumors. While touted as a compromise, this measure will undermine the medical liability environment in New York for any specialist who provides care within the cancer team, including plastic surgeons.