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Also in this Issue • Weinberg-Vitale Bill to Strengthen NJ Public Health Council Approved in Senate • New Jersey Receives a Waiver to Carry Out Health Law • How Reimbursements for Over-The- Counter Medications Will Affect Physicians • Medicare Financial Incentives are Available-Do You Qualify? Gartner Plastic Surgery and Laser Center Utilizing the Latest Technologies to Optimize Results While Minimizing Scarring, Pain and the Need for General Anesthesia FEBRUARY 2011

NJ Physician Magazine February 2011

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Page 1: NJ Physician Magazine February 2011

Also in this Issue• Weinberg-Vitale Bill to Strengthen NJ

Public Health Council Approved in Senate

• New Jersey Receives a Waiver to Carry Out Health Law

• How Reimbursements for Over-The-Counter Medications Will Affect Physicians

• Medicare Financial Incentives are Available-Do You Qualify?

Gartner Plastic Surgery and Laser CenterUtilizing the Latest Technologies to Optimize Results While Minimizing Scarring, Pain and the Need for General Anesthesia

F e b r u a r y 2 0 11

Page 2: NJ Physician Magazine February 2011

www.HNManagement.com973-660-9334/ext 125Located in Florham Park, NJ

HEALTH NETWORKM A N A G E M E N T

A Full Service Billing, Collection and Practice Management Company

Contracting

Payroll

Financial Management

Coding/Compliance

Services . . .Billing/Collections

Credentialing

InsightEarn more

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Respect

Page 3: NJ Physician Magazine February 2011

Publisher’s Letter

Dear Readers,

Welcome to the February edition of New Jersey Physician, providing critical information

to the state’s medical community.

General anesthesia is a problem for some patients. Some health issues make elective

surgical procedures dangerous for patients, others have significant fears related to

being “put under”. Dr. Michael Gartner offers these patients the ability to have elective

surgeries under local anesthesia, giving them a pain free procedure without the

fear or danger associated with the more common methods commonly used. Breast

augmentation and reconstruction, tummy tucks, liposuction and face lifts may now be

done with mild sedation combined with an innovative use of local medication. His

innovative practice also specializes in the use of fat grafting for such procedures as

breast enhancement and “Brazilian butt lifts, giving a more natural result. He also uses

the most innovative techniques to minimize or eliminate visible scarring.

The Obama administration has granted broad waivers to four states including New

Jersey to provide less generous benefits than they would otherwise be required to

provide under the new federal health care bill. This will result in some patients having

less than the minimum required coverage for essential benefits like hospital care,

doctor’s services and prescription drugs.

The New Jersey Assembly Health and Senior Services Committee unanimously

approved a bill that would improve the authorization and prompt payment requirements

under Health Claims Authorization, Processing and Payment Act. Medically necessary

procedures are now classified as covered benefits and would prohibit carriers from

remitting payments to hospitals at a rate lower than the contracted rate.

The 2012 Federal budget proposed by the Obama Administration delays the threatened

28% cut in Medicare payments to doctors for two more years, until after the elections.

Changes to reimbursements for over-the- counter medications have taken place which

subject patients to new rules governing reimbursements. This may require physicians

to provide patients with a prescription for a medically needed OTC drug in order for

reimbursement to occur.

With Warm Regards,

Iris GoldbergPublisher

New Jersey Physician Magazine

Published by Montdor Medical Media, LLC

Publisher and Managing EditorIris Goldberg

PhotographerKen Alswang, At Home Studios

Contributing WritersIris Goldberg Christopher Monaco Robert Pear, Frank Ciesla Deidre Hartmann, CPA Mark Manigan, Esq. Debra Lienhardt, Esq Michael Schoppmann, Esq

New Jersey Physician is published monthly by Montdor Medical Media, LLC.,22 Burnet Hill RoadLivingston New Jersey 07039Tel: 973.994.0068Fax: 973.994.2063

For Information on Advertising in New Jersey

Physician, please contact Iris Goldberg at

973.994.0068 or at [email protected]

Send Press Releases and all other information

related to this publication to

[email protected]

Although every precaution is taken to ensure

accuracy of published materials, New Jersey

Physician cannot be held responsible for opinions

expressed or facts supplied by its authors. All

rights reserved, Reproduction in whole or in part

without written permission is prohibited.

No part of this publication may be reproduced or

transmitted in any form or by any means without

the written permission from Montdor Medical

Media. Copyright 2010.

Subscription rates:

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$6.95 per issue

Advertising rates on request

New Jersey Physician magazine is an

independent publication for the medical

community of our state and is not a publication

of NJ Physicians Association

Page 4: NJ Physician Magazine February 2011

2 New Jersey Physician

Contents

COVER STORY

416 18

F e b r u a r y 2 0 11

Gartner Plastic Surgery and Laser Center

Food forThought

Legal Issues

PHOTO BY KEN ALSwANG, AT HOME STuDIOS

CONTENTS9 Marketing The importance of marketing your

specialty practice

10 Statehouse

13 STATLaw

14 FinanceDo you qualify for available Medicare financial incentives?

16 Food for Thought Tabor Road Tavern

18 Over-the-Counter Medications Reimbursement

How will it affect physicians?

Tabor Road Tavern How Reimbursements for Over-The-Counter Medications Will Affect Physicians patients are now subject to new rules governing reimbursement of the cost of certain over-the-counter (OTC) medications.

Page 5: NJ Physician Magazine February 2011

February 2011 3

Call for NomiNatioNs

New Jersey Physician Magazineinvites all medical practices to submit nominations for cover stories.

Practices should include a brief description of what makes the practice special.

Please contact Iris Goldberg at [email protected]

Page 6: NJ Physician Magazine February 2011

4 New Jersey Physician

Cover Story

Most people would like to change something

about their appearance. Some flaws are minor

and more noticeable to the individual in question

than to others. Some are quite significant and

whether as a result of illness, injury or genetics

have a profound affect on the quality of one’s

life. Whatever the case, more and more of us are

opting to undergo cosmetic or reconstructive

surgery in order to improve the way we look and

to maximize a positive self-image.

When planning for an elective procedure

patients and/or referring physicians should

thoroughly investigate the options available

to them in terms of choosing a surgeon and

also evaluating the facility in which he or she

operates. Patients need to be assured of the

surgeon’s skill and beyond that of their safety

and comfort throughout the entire surgical

experience.

With office locations in Paramus and Eatontown,

Michael Gartner, DO, FACS has created the

Gartner Plastic Surgery & Laser Center with the

goal of providing patients with beautiful results

while using the most innovative techniques to

minimize or even eliminate visible scarring,

lessen pain and avoid the use of general

anesthesia for some procedures. In his state-

of-the-art surgery center, Dr. Gartner makes the

comfort and safety of his patients his top priority.

For those procedures that require a hospital

stay or are covered by insurance plans that

consider ambulatory surgery centers to be out

of network, Dr. Gartner is affiliated with both

Valley Hospital and Monmouth Medical Center.

He does anticipate that the Gartner Plastic

Surgery & Laser Center will attain in-network

status from many insurance plans in the not too

distant future.

Patients are seen by Dr. Gartner to undergo

cosmetic procedures for virtually every part

of the body. What sets him apart from some

other plastic surgeons is his determination to

investigate ways to improve upon traditional

techniques in order to achieve the most pleasing

result for each individual patient. For example,

Dr. Gartner has mastered the cosmetic surgery

By Iris Goldberg

Gartner Plastic Surgery & Laser CenterUtilizing the Latest Technologies to Optimize Results While Minimizing Scarring, Pain and the Need for General Anesthesia

p Dr. Michael Gartner created the Gartner Plastic Surgery & Laser Center to provide patients with beauti-ful results while using the most innovative techniques to minimize or eliminate scarring, lessen pain and avoid the use of general anesthesia for some procedures.

p Post mastectomy patients wear an external ex-pander called the brava bra prior to breast reconstruc-tion with fat grafting.

• Breast Reconstruction

• Scar-less Breast Augmentation

• Scar-less Breast Reduction

• Vertical Breast Reduction and Lift

• Scar-less Breast Lift

• Body Lift After Gastric Bypass Surgery

• Tummy Tuck

• Liposuction

• SmartLipo™ (using laser light technology)

• Brazilian Butt Lift

• Labiaplasty

• Sclerotherapy

• Mesotherapy

• MACS (minimal access cranial suspension) Lift

• Short Scar face Lift

• Rhinoplasty

• Eyelid & Eyebrow Lift

• Blepharoplasty

• Otoplasty

• Cheek/Chin/Lip Augmentation &

Facial Implants

• Neck Liposuction

• Mole Excision

• Injectable Fillers

• Facial peels

An overview of the procedures performed by Dr. Gartner includes the following:

Page 7: NJ Physician Magazine February 2011

February 2011 5

techniques necessary to perform a “scar-less”

procedure in many cases. Also, Dr. Gartner

feels strongly about taking steps to effectively

control pain during and after surgery.

One exciting newer technique that Dr. Gartner

offers for patients who have undergone

mastectomy is breast reconstruction with

fat grafting. This innovative procedure is

presently being done by only a small minority

of plastic surgeons but offers some significant

benefits for appropriate patients. “This

procedure suits patients who do not wish to

have implants or may not want the morbidity

of some of the other techniques such as a

tram flap, deep flap or free flap,” explains

Dr. Gartner. He is referring to the fact that

these procedures involve extensive surgery

with general anesthesia, muscle trauma and

scarring. “I think this is a good alternative

option for those women who fear traditional

reconstruction,” Dr. Gartner adds.

In order to undergo breast reconstruction

with fat grafting after mastectomy, the patient

first wears an external expander called a

Brava bra for about ten hours a day (usually

while sleeping). This comfortable soft gel-

like bra gradually expands the skin from the

outside, creating an edema-like breast mound

through the expansion of nerves and tissues.

After approximately two months Dr. Gartner

performs minimally-invasive liposuction to

remove fat from an area of the body that has

enough to spare, such as the belly, flank or

thighs and meticulously injects this fat into the

breast site that has been enlarged by the Brava

expansion. After this procedure, the patient

can usually resume normal activity within a

few days.

The transferred fat survives within the matrix of

tissue that has been created by the Brava. The

breasts are restored naturally as this procedure

is repeated three times on average over the

course of several months. If the breast has

been radiated, the process can take up to five

sessions. The patient receives the added bonus

of gaining a more sculpted body as excess

fat is removed from certain areas. (Of course

patients who do not have adequate fat to spare

would not be suitable candidates).

The “new” breast looks and feels like the

patient’s own but contains no breast tissue to

be concerned about and no foreign bodies.

Best of all, the newly constructed breast retains

a more normal sensation. If the healthy breast is

much larger or droopier than the reconstructed

breast, Dr. Gartner can reduce and/or lift the

other breast in order to achieve symmetry.

It is important to note that although

reconstruction after mastectomy is covered by

health insurance, liposuction usually is not.

Dr. Gartner is currently involved in pursuing

proper channels to determine if the present

restrictions can be lifted to allow coverage for

the fat grafting procedure and he is hopeful that

in time this will become an insurance-accepted

alternative to traditional breast reconstruction

methods.

For non-cancer patients who simply want larger

breasts, insurance is not an issue. Dr. Gartner

can use the fat grafting method to increase

breast size for these women and that process

would require only one session since the

patients already have breasts to build upon.

Generally, breasts could be increased by one

to one and a half cup sizes.

Fat grafting has actually been used by Dr.

Gartner for years to enhance the buttocks.

During this procedure, which has recently been

termed the Brazilian butt lift, fat is harvested

from other parts of the body via standard

minimally-invasive liposuction techniques and

then transferred to the buttocks. The result is

buttocks that are firmer and smoother than

they were and other parts of the body (most p Dr. Gartner performs minimally invasive liposuction to remove fat from an area of the body that has enough to spare.

p Fat is collected and placed into syringes for reinjection.

Page 8: NJ Physician Magazine February 2011

6 New Jersey Physician

commonly the abdomen, waist, back and

thighs) attain a more sculpted appearance.

Another innovative procedure to enhance

breast size that Dr. Gartner has perfected is scar-

less breast augmentation. Minimal incisions

are made in the navel to ensure that scarring is

barely if at all visible after recovery. Dr. Gartner

then inserts saline breast implants through the

navel. With this method, patients report little

or no pain, no loss of nipple sensation and

a speedy recovery. For patients who prefer

traditional breast augmentation, Dr. Gartner is

highly skilled in these procedures as well.

Dr. Gartner also offers women a scar-less

breast reduction involving the latest surgical

techniques that include liposuction of the

breast tissue to reduce size. This method

greatly reduces scarring and recovery time.

For men with gynecomastia caused by

excess glandular tissue and fat, Dr. Gartner

employs a scar-less reduction technique that is

specifically designed for men. This procedure

is also associated with little or no scarring, fast

recovery and minimal pain.

Besides offering patients minimal or no scarring

for the more extensive cosmetic procedures,

Dr. Gartner also excises moles, lipomas and

other growths, skillfully using techniques

that leave the skin virtually unblemished. This

is especially important to patients who are

having excisions on the face and other parts of

the body that are exposed. Dr. Gartner shares

that he sees many individuals who want to

be assured that an excision will not leave an

unsightly scar.

A great many patients come to the Gartner

Plastic Surgery & Laser Center requesting body

contouring, body sculpting and/or liposuction

for the neck, arms, abdomen, hips, thighs and

knees. SmartLipo™ is the most advanced

technology available today to perform these

procedures and removes fat more evenly

and precisely than traditional liposuction. Dr.

Gartner’s considerable skill and experience

with this technology enables him to teach other

surgeons how to become proficient with it as

well.

Dr. Gartner inserts a very small cannula

containing a laser fiber into the skin. The

cannula is moved back and forth delivering

the laser’s energy to the fat cells, causing them

to rupture and easily drain away. SmartLipo™

is a minimally invasive procedure and can be

performed under local anesthesia. The laser

causes blood vessels to coagulate immediately

on contact, resulting in less bleeding, swelling

and bruising.

Although a number of cosmetic procedures

are routinely performed with local anesthesia,

many of the most popular procedures have

traditionally required that the patient receive

general anesthesia. However, for some patients,

anesthesia is not a good option because of

health problems that increase risk. Others are

fearful of being put to sleep and won’t consider

an elective procedure that requires general

anesthesia. Still others experience intractable

nausea as a result of anesthesia, even with pre-

medication.

Dr. Gartner is able to accommodate many

suitable patients by performing some cosmetic

procedures painlessly with local anesthesia

p Dr. Gartner has been using fat grafting for years to enhance the buttocks. During the brazilian butt lift, fat is har-vested from other parts of the body and transferred to the buttocks. The result is buttocks that are firmer and smoother than they were.

p SmartLipo™ is the most advanced technology available today for body contouring body sculpting and/or liposuc-tion for the neck, arms, abdomen, thighs and knees.

p Dr. Gartner is shown injecting local anesthetic prior to SmartLipo™.

Page 9: NJ Physician Magazine February 2011

February 2011 7

along with an oral sedative. The “awake”

breast augmentation and the “awake”

face lift are examples of procedures that Dr.

Gartner offers. Some of these surgeries can

also be performed by Dr. Gartner without any

oral sedation if this is what the patient prefers.

Another advantage of this method for some,

especially when affordability is an issue, is that

the significant cost of anesthesia is deducted

from the total price of the procedure.

The key to the success of these “awake”

procedures is the use of pre-emptive

anesthesia. Dr. Gartner has learned through

scientific research and while performing his

own procedures, that if a local anesthetic is

injected into the skin and the muscle area a

few minutes before the incision is made, the

patient will have considerably less pain after

the procedure is completed.

As a result, Dr. Gartner routinely uses

pre-emptive anesthesia for his breast

augmentations. Recovery room nurses have

consistently reported to Dr. Gartner that his

patients who received pre-emptive anesthesia

had significantly less pain upon awakening.

Anesthesiologists have also shared that these

patients generally require less anesthesia and

wake up feeling more comfortable than others.

It was for this reason that a couple of years

ago, when a patient came to see him for breast

augmentation and shared her tremendous fear

of being put to sleep, that Dr. Gartner agreed

to perform her hour-long procedure with pre-

emptive local anesthesia and oral sedation.

Since that time he has done many others in

the same manner. “After each and every one

of these I ask the patient if she would do it

without general anesthesia again and without

exception they all have said they definitely

would,” Dr. Gartner reports.

“Leslie” is one of Dr. Gartner’s patients who

underwent “awake” breast augmentation

not too long ago. She is someone who does

not do well with general anesthesia. “I get

extremely nauseous,” Leslie shares. In fact, she

remembers being ill for days afterwards. When

asked how it felt to be awake for her breast

augmentation Leslie responds, “It was the

most comfortable procedure I’ve ever had!” Dr.

Gartner and his staff were so terrific,” she adds.

“I felt no pain at all and the next day I was up

and cooking breakfast,”

Leslie happily reports. Most importantly, Leslie

is thrilled with her new breasts. Although she

really wanted the augmentation, Leslie confides

that she might not have gone ahead if general

anesthesia was involved. “But I would definitely

do this again,” she emphatically states.

At 54, “Grace” had wanted to have her breasts

made larger for many years. When the

opportunity finally presented itself, Grace opted

to be awake during her implant procedure.

She had heard about people who had adverse

reactions to general anesthesia and also she

didn’t like the idea of being put to sleep. “I

like to be aware of what’s going on,” Grace

admits. “This was the simplest procedure I’ve

ever gone through,” raves Grace. “Dr. Gartner

and his wonderful staff made me feel so

comfortable and secure,” she wants to share.

“If I could be aware and have no pain and know

this is a good thing that I’m doing – that’s my

option,” Grace states. “Also, I picked the right

doctor,” she emphatically adds. “Dr. Gartner

is a sweetheart! Nothing is a silly question for

him. He wants to know his patient’s concerns

and he really makes you feel great,” Grace says

with delight.

In fact, the “awake” procedures have been

so successful that Dr. Gartner now performs

an “awake” breast augmentation with

lift and a mini-tummy tuck during a three

hour procedure that is performed under local

anesthesia. He explains that with any of the

procedures done with the patient being awake,

while there is no real pain, patients may feel

slight pulling, tugging or similar sensations

while Dr. Gartner is working.

More recently, Dr. Gartner has expanded his

“awake” procedures to include face lifts for

appropriate patients. He shares the case of a

patient who was absolutely terrified of having

general anesthesia. Somehow she learned

that Dr. Gartner performed some cosmetic

procedures with local anesthesia and came

to see him, not too long ago, with a request

that he perform a face lift for her without

putting her to sleep. He felt confident that in

her case the procedure could be safely and

successfully completed without the need for

general anesthesia. He is happy to report that

all went well and the patient was delighted with

the experience and the results.

For some older patients, especially, general

anesthesia could present a problem. While they

might be cleared for anesthesia with surgery

for emergent, life-threatening conditions, many

internists and/or cardiologists could hesitate

to approve anesthesia for a totally elective

cosmetic procedure. Some of these patients

would, however, have medical clearance to

undergo a face lift that does not entail general

anesthesia. For them, Dr. Gartner offers a way

to look younger and therefore, feel better.

Dr. Gartner is careful however to point out that

at the present time most board-certified plastic

surgeons do not perform these procedures

under local anesthesia. As a result, some

patients who want cosmetic surgery but can

p before and after breast augmentation. For some patients, Dr. Gartner can perform this procedure with local anesthesia and oral sedation.

Page 10: NJ Physician Magazine February 2011

8 New Jersey Physician

or will not undergo general anesthesia, will

seek the services of physicians who are not

board certified plastic surgeons or who are

possibly specialists in other related fields.

Some of these physicians are willing to perform

certain cosmetic procedures with the patient

remaining awake and being administered

local anesthesia. Additionally concerning to

Dr. Gartner is the fact that when only a local

anesthetic is used, some procedures can legally

be performed within a physician’s office.

For patients who cannot tolerate general

anesthesia, for whatever reason, Dr. Gartner

wants to emphasize the importance of finding

a board-certified plastic surgeon such as

himself, who is highly skilled in the specialized

techniques necessary for a successful cosmetic

surgery outcome. Furthermore, he knows

that it is crucial that patients undergo these

procedures in a safe and sterile setting such as

the one at the Gartner Plastic Surgery & Laser

Center. “I have a sterile, Medicare-certified

operating room equipped with everything

that would be available in a regular hospital

setting,” Dr. Gartner emphasizes.

Electing to have plastic surgery is an important

decision. Whether for a minor imperfection or

a significant problem that drastically affect’s

one’s appearance a potential patient should

get all of the facts before proceeding. Dr.

Gartner spares no effort to ensure that every

patient who consults with him leaves his

office with a complete understanding of what

his or her procedure will entail. Then patients

who choose to go ahead can be assured that

Dr. Gartner is impressively trained and highly

skilled in the most advanced cosmetic surgical

techniques that will produce the beautiful

results each individual patient desires. With

every appearance-enhancing procedure he

performs, Dr. Gartner has the distinct pleasure

and satisfaction of knowing that he has

transformed someone’s life for the better.

Gartner Plastic Surgery & Laser Center is located at 3 Winslow Place, Paramus NJ. For more information or to make an appointment, please call (201) 546-1890.

For an appointment at Dr. Gartner’s Eatontown office, located at 44 Monmouth Road, Eatontown NJ, please call (732) 389-0909.

p The state of the art operating room at the Gartner Plastic Surgery & Laser Center is Medicare certified and equipped with everything that would be available in a regular hospital setting.

p Shown here, is how a patient looked before Dr. Gartner performed her facelift and after. again, for suitable patients Dr. Gartner can perform this procedure while the patient is awake, with local anesthesia and oral sedation.

Page 11: NJ Physician Magazine February 2011

February 2011 9

Marketing

Today’s healthcare marketplace is more

competitive than it was just last year. Every year

there are more and more practices popping up

in and around your community. You may or

may not be aware, but your competitors are

probably doing some type of marketing. They

may be running ads in the local paper, taking

family docs out to dinner, internet advertising

or maybe they even have their office manager

dropping off business cards at local PCP

offices. If they are not already doing one or all

of the above, rest assured, they will be doing

something soon.

For specialty physicians, developing

relationships with area PCPs and their office

staff is critical to growing, strengthening and

protecting your referral base. If you are like

most specialty practices, you are so busy that

you don’t take the time to adequately track your

referring docs, let alone visit them. If you are

planning to have a successful practice, long

term, you need to take a serious look at these

things.

Which docs are referring patients to me? How

many patients are they referring on a weekly

basis? Is it more or less than it was last year?

Which docs are not referring to me? Why are

they not? Do they know me? Do they know

what I offer? Did something happen? Did we

do something to upset them? Do they have my

information readily available in their office? Is

there something else they might need from me?

These are just some of the questions you need

to ask yourself and more importantly, address.

The PCPs have all of the new patients that you

want and need. Communication, personal

attention and accommodation will help you get

them.

Can referral patterns really be changed?

They absolutely can. You, as a specialist, may

believe that there are such strong relationships

between physicians in your area. You think that

must be the reason, because those referrals are

not going to you, they are going to someone

else. The truth of the matter is, there are very

few strong personal relationships among

physicians. Those referrals go to someone

else for no other reason than that’s where they

have always gone. And until you do something

about it, they’ll continue to go there.

Submitted by Christopher G. Monaco,

Executive Director – Marquis Medical Practice

Marketing, LLC

For more information visit www.MarquisHBA.com

The Importance ofMarketing Your Specialty Practice In Today’s Competetive Healthcare Environment

Top 5 Reasons to market your practice:1. You’ve been in practice for years, but most physicians in your area do not refer

to you.

2. You are new to the area and referring physicians don’t know anything about you or your practice.

3. You want to secure and protect your current referral base from new or existing competition in your area.

4. You are looking to add more providers.

5. You are looking to see a different kind of patient.

Submitted by Christopher G. Monaco, Executive Director – Marquis Medical Practice Marketing, LLC

Page 12: NJ Physician Magazine February 2011

10 New Jersey Physician

Statehouse

NEW JERSEYSTATEHOuSE

Weinberg-Vitale Bill to Strengthen NJ Public Health Council Approved in SenateMeasure Would Ensure Broader Representation, Direct Council to Identify Health Funding Available to the StateTRENTON – A bill sponsored by Senate Health, Human Services and Senior

Citizens Committee Chairwoman Loretta Weinberg and Committee Vice

Chair Joseph F. Vitale which would strengthen the role and membership

of the New Jersey Public Health Council was approved today by the Senate

by a vote of 29-10.

“Considering that New Jersey’s public health dollars are stretched to the

absolute limit, we need a public agency with broad representation of all

facets of the health care industry to seek out funding wherever it may

exist,” said Senator Weinberg, D-Bergen. “Under this bill, the Public Health

Council will not only serve to advise State policy and regulation-makers

about the science of health care, but will also be called upon to identify

untapped federal and private funding sources for which the State can

apply. It would make the Public Health Council relevant to the needs and

demands of a 21st Century public health care system.”

“Since it was scaled back in 2005, the Public Health Council has acted on

the periphery of New Jersey’s public health programs, providing limited

advice on the direction of health policy in the State,” said Senator Vitale,

D-Middlesex. “Through this bill, we wanted to empower the agency to

once again make important policy and funding recommendations to make

sure that we take the politics out of health care and apply for all the funds

for which New Jersey qualifies. At a time when the health care picture

nationally is in a state of flux, we absolutely need the Public Health Council

to make sure New Jersey’s health programs are meeting the shifting health

care needs of our people.”

The bill, S-2659, would revise the Public Health Council’s membership,

and restore the functions, powers and duties of the Council. Under the bill,

the Council’s membership would be amended in order to better reflect a

broader representation of public health interests. Specifically, the revised

Council would include:

• a dentist licensed to practice in New Jersey, appointed by the

Governor;

• a person who is knowledgeable by way of education or professional

experience in health-related aspects of terrorism, appointed by the

Governor;

• a dean of a school of public health, or a regionally accredited institution

of higher education in New Jersey, appointed by the Governor;

• a health insurance carrier licensed to do business in New Jersey;

appointed by the Governor;

• a physician who specializes in infections disease, appointed by the

Senate President;

• a State-licensed public health officer, appointed by the Senate

President;

• someone who represents a philanthropic foundation that funds

research on public health issues, appointed by the Senate President;

• a licensed pediatrician, appointed by the Assembly Speaker;

• a person with a demonstrated expertise in maternal and child health,

appointed by the Assembly Speaker; and

• a licensed health care professional with a demonstrated knowledge

and interest in public health, appointed by the Assembly Speaker.

Under the bill, each member would serve for a term of four years, as

opposed to the seven-year terms prescribed for under current law. The

members of the Public Health Council serving on the effective date of the

bill would continue to serve until the expiration of their respective terms.

“Under the terms of the current law, many of these specialized areas of

health care have little to no representation on the Public Health Council,”

said Senator Vitale. “We want an organization which can provide

comprehensive advice and represent a broad set of interests. Through this

bill, we can transform the Public Health Council into an advisory agency

which represents and reflects the many varied areas of interest within the

public health arena – from pediatric to insurance providers, dentists to

anti-terror experts.”

The bill would also direct the Public Health Council to resume some of the

duties it had prior to an executive reorganization which took place in 2005

and essentially relegated it to a diminished advisory role. The revamped

Public Health Council would be responsible for identifying public and

private grants and other funding sources for public health purposes that

may be available to the State, and advise the Commissioner of Health of its

findings. It would also report annually to the Governor and the Legislature

on its activities and include in its report such recommendations for

legislative or administrative action as it deems appropriate.

“At a time when more and more people depend on some level of public

assistance to access health care, we cannot afford to leave any money

on the table, whether its in the form of federal grants or private research

dollars,” said Senator Weinberg. “In addition to restoring the Public Health

Council to its former responsibilities, we need the Council to be creative

Page 13: NJ Physician Magazine February 2011

February 2011 11

NEW JERSEY STATEHOuSE about finding funding solutions for our many

publicly-funded health care programs. At the

end of the day, this will allow State health care

administrators to do more with less, and help

the greatest number of people possible access

decent, quality health care.”

The bill now heads to the Assembly for

consideration.

Four States Get Waivers to Carry Out Health LawBy Robert Pear, Sourced from the NY Times

The Obama administration said that it had

granted broad waivers to four states allowing

health insurance companies to continue

offering less generous benefits than they would

otherwise be required to provide this year under

the new federal health care law.

The states are Florida, New Jersey, Ohio and

Tennessee, the administration told Congress.

Lawmakers said that many other states, insurers

and employers needed similar exemptions from

some of the law’s requirements and would seek

waivers if they knew of the option.

Steven B. Larsen, a top federal insurance

regulator, said the waivers would allow many

consumers to keep the coverage they had, a

goal often espoused by President Obama.

Under the law and rules issued by the

administration, health plans this year must

generally provide at least $750,000 in coverage

for essential benefits like hospital care, doctor’s

services and prescription drugs. In states

granted the waivers, many health plans with

much lower annual limits on coverage may

continue to operate.

“Unfortunately, limited benefit plans, or mini-

med plans, are often the only type of insurance

offered to some workers,” said Mr. Larsen, who

is director of the federal Center for Consumer

Information and Insurance Oversight. It was to

protect such coverage that the administration

granted the waivers, he said.

Mr. Larsen said the administration had granted

temporary waivers t the four states and to more

than 900 health plans covering 2.4 million people

, or fewer than 2% of all those with employer

sponsored insurance

Delay In Physician Pay ReductionPosted by Frank Ciesla

The 2012 Federal budget proposed by the

Obama Administration delays the threatened

28% cut in Medicare payments to doctors for two

(2) more years, until after the elections. This

approach continues kicking the can down the

road, and does not permanently resolve the

situation. At a hearing on Tuesday, February 15,

2011, both Senate Finance Committee Chair Max

Baucus, a Democrat, as well as Orrin G. Hatch,

the Republican ranking member, challenged

Health and Human Services Secretary Kathleen

Sebelius to come up with a permanent overhaul

of the Medicare physician pay formula. The lack

of a permanent solution continues to put at risk

doctor compensation for providing services to

Medicare beneficiaries. It also does not address

the need to reduce Medicare expenditures so

as not to continue growing the national deficit.

As Senator Alan Simpson co-chair of the Debt

Reduction Commission, stated on cable news, it

is necessary to reduce physician compensation

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Page 14: NJ Physician Magazine February 2011

12 New Jersey Physician

NEW JERSEY STATEHOuSE if we intend to have a handle on the Medicare expenditures going forward.

Regrettably, the math is simple. If there are more beneficiaries, as there

will be with the baby boomers, and society does not want to or cannot

afford to increase the Medicare expenditures, the alternatives are to reduce

payment to providers or ration care.

Assembly Committee Passes Insurance Reform Bill and Bill to Improve EMS SystemBy Mark Manigan Esq and Debra Lienhardt, Esq of Brach Eichler

On January 20, 2011, the New Jersey Assembly Health and Senior Services

Committee unanimously approved a bill (A3247) that would improve the

authorization and prompt payment requirements under the Health Claims

Authorization, Processing and Payment Act (HCAPPA). The bill would

require insurance carriers to classify medically necessary procedures as

covered benefits and would prohibit carriers from remitting payments

to hospitals at a rate lower than the contracted rate for patients awaiting

transfers to a lower level of care.

Under the current system, carriers that receive a request for authorization

from a health care provider are only required to respond to the request

with a determination as to whether the health care service is medically

necessary under the member’s insurance plan. This bill requires that

carriers that provide authorization determine that the service is medically

necessary and that it is a covered benefit under the insured’s plan.

The bill also provides that, while a patient remains in the hospital awaiting

authorization from the insurance carrier to be transferred to another

facility to receive medically necessary services that are not rendered by

the hospital, the carrier must remit payment to the hospital in connection

with the contracted acute care rate until the patient is transferred to

another health care facility.

On the same day, the committee also approved a second bill (A2095)

that would improve New Jersey’s Emergency Medical Services (EMS)

system. This bill would require all ambulances to become licensed by

the New Jersey Department of Health and Senior Services (DOH), and

also establishes an Emergency Medical Care Advisory Board to study and

improve the EMS program in New Jersey.

The bill will require licensure of the following individuals: 1) a paramedic

to staff a mobile intensive care unit; 2) an EMT to staff a licensed

ambulance; and 3) an emergency medical responder to respond to 9-1-1

calls. Paramedics, EMTs and emergency responders would be required to

undergo criminal history background checks as a condition of licensure.

DOH would be required to make available to the public a current list of

licensed paramedics and EMTs on its website.

Pursuant to the bill, DOH must ensure or arrange for the provision

of advanced life support pre-hospital care in response to 9-1-1 calls.

Paramedics would be able to perform advanced life support services

provided they 1) maintain direct voice communication with and are

taking orders from a licensed physician or physician directed registered

professional nurse, both of whom are affiliated with a mobile intensive care

service; or 2) operate under standing orders from a licensed physician that

were developed or approved by a mobile intensive care program.

We will continue to monitor the progress of these bills. Both will now go

to the Assembly floor and await posting for a full vote.

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Page 15: NJ Physician Magazine February 2011

February 2011 13

Legal Issues

Strike Force Sweep Charges 111 Persons with Health Care FraudThe Medicare Fraud Strike Force, on February

17th, charged 111 persons-including doctors,

nurses, and health care companies and

executives-in nine cities for their alleged

participation in Medicare fraud schemes

involving more than $225 million in false

billing tied to criminal false claims, kickbacks,

money laundering and aggravated identity

theft (see http://www.justice.gov/opa/pr/2011/

February/11-ag-202.html). The multi-agency

team of federal, state, and local investigators

uses Medicare data analysis and community

policing to find and prosecute fraud. The

defendants included three physicians and

one physical therapist in Brooklyn, and the

schemes involved DME, home health, physical

therapy, chiropractic, podiatry, psychotherapy,

diagnostic testing, and prescription drugs.

Two days earlier, twenty persons in Florida,

including three physicians, were charged with

over $200 million in health care fraud involving

mental health services and sleep studies.

OIG Launches Most Wanted ListJust two weeks prior to the government’s

massive health care fraud takedown, the U.S.

Dept of Health & Human Services’ (HHS)

Office of Inspector General (OIG) launched its

Most Wanted Fugitives List, at http://oig.hhs.

gov/fugitives/, to highlight to the public those

individuals sought by authorities on charges of

health care fraud and abuse. The list includes

a photo and profile of each fugitive, with an

online tip form and 24 hour hotline number

for reporting information related to a fugitive.

Two of the fugitives, including a physician,

have been captured since being identified on

the website. The OIG is seeking more than

170 fugitives on health care fraud and abuse

charges.

HHS Adopts Enrollment Rules Targeted at FraudThe title of new HHS rules that become

effective March 25, 2011, says it all: Medicare,

Medicaid, and Children’s Health Insurance

Program: Additional Screening Requirements,

Application Fees, Temporary Enrollment

Moratoria, Payment Suspensions and

Compliance Plans for Providers and Suppliers.

Among other things, the new rule categorizes

providers and suppliers by level of “risk”, with

additional screening activities conducted at each

level, such as unannounced site visits to those

labeled as “moderate” risk. Although intended

to target those who are unqualified to enroll,

all providers and suppliers should be aware of

the new rules, including provisions allowing

for payment suspension during an investigation

of a “credible allegation of fraud.” For more

information, see: http://www.federalregister.

gov/articles/2011/02/02/2011-1686/medicare-

medicaid-and-childrens-health-insurance-

programs-additional-screening-requirements.

New QIO Notice Requirement ProposedThe Centers for Medicare & Medicaid Services

has proposed a rule that would require most

providers and suppliers that participate in

Medicare, including clinics and ASCs, to provide

beneficiaries with written notice of their right

to contact a Quality Improvement Organization

with concerns about the quality of care they

received. More information is available at:

http://www.cms.gov/qualityimprovementorgs/.

Employment and Ignorance No DefenseIn an unpublished opinion, the New Jersey

Appellate Division has upheld the Board of

Chiropractic Examiners in its disciplinary

action against a chiropractor who conducted

sensory nerve conduction threshold testing.

The chiropractor argued that he was not

prohibited from performing the tests, only from

billing for them and, as a per diem employee

of another chiropractor, did not actually bill

for the services and, in fact, was unaware that

the billing was prohibited. The Court agreed

with the Board that a licensee is held to the

same professional standards and obligations

whether or not employed by another

licensee. By certifying for billing purposes

that he performed the tests and that they were

reasonably necessary, the employee violated

the Board’s diagnostic testing rule. Both the

Chiropractic Board and the State Board of

Medical Examiners have comprehensive

diagnostic testing rules.

Find more information on the above items at

www.drlaw.com.

STATLawProvided by Kern, Augustine Conroy & Schoppmann, PC

Page 16: NJ Physician Magazine February 2011

14 New Jersey Physician

Finance

Keeping up with the constant changes going

on these days in the healthcare field can be

a full time job. Physicians and their practices

need to be aware of the Medicare and Medicaid

incentives available to them and take advantage

while the opportunities exist. This article

aims to make you aware of programs that are

available and what actions you need to take so

you don’t leave money on the table.

Primary Care Incentive Payment

Program (PCIP)

The 2011 Final Physician Fee Schedule which

was published in the Federal Register on

November 29, 2010 provides for a 10% bonus

payable to primary care providers. A primary

care provider is defined as either a physician

who is enrolled in Medicare with a primary

specialty designation of family practice,

internal medicine, pediatrics or geriatrics.

Non-physician practitioners can also qualify if

they are enrolled in Medicare with a specialty

designation of nurse practitioner, certified

clinical nurse specialist or physician assistant.

The provider allowable charges for primary

care services must represent at least 60% or

more of their Medicare allowed charges in

the prior year. To be eligible for the PCIP the

primary care physician must submit the claim

for primary care services indicating his or her

National Provider Number (NPI) as rendering

physician on the line item for the primary care

service provided. The bonus will be paid

quarterly in 2011 by the Medicare intermediary

automatically if the provider has met the above

criteria.

HPSA Surgical Incentive Payment

Program (HSIP)

The 2011 Final Physician Fee Schedule also

provides for a 10% bonus payable to general

surgeons when they furnish a major surgical

procedure in a location defined by Medicare

as a Health Professional Shortage Area

(HPSA). For a listing of zip codes eligible for

the automatic payment of the HPSA physician

bonus payment go to http://bhpr.hrsa.gov/

shortage/. Qualifying general surgeons would

be identified on a claim for a major surgical

procedure based upon his or her NPI. If the

claim is submitted by a physician’s group

practice, the rendering physician’s NPI must

be included on the line item for the major

surgical procedure in order to determine if

the procedure is eligible for payment under

the HSIP program. The bonus will be paid

quarterly in 2011 by the Medicare intermediary

automatically if the provider has met the above

criteria.

Medicare and Medicaid Electronic

Health Record (EHR) Incentive

Programs

The Medicare and Medicaid EHR Incentive

programs will provide incentive payments

to an eligible professional who becomes a

meaningful user of EHR technology. The

incentive payments are based upon individual

practitioners. If you are part of a group practice,

each eligible professional in the group can

qualify for up to $44,000 from the Medicare

program or up to $63,750 from the Medicaid

Program.

• Eligibility - For the Medicare program

an eligible professional is a doctor of

medicine, osteopathy, dental surgery or

dental medicine, podiatry, optometry or

chiropractor. For the Medicaid program an

eligible professional is a physician, nurse

practitioner, certified mid-wife, dentist or

physician assistant.

• Certified EHR technology – To receive the

incentive payments, make sure the EHR

technology you’re using or are considering

purchasing has been certified by the Office

of the National Coordinator for Health

Information Technology. See http://healthit.

hhs.gov for a listing of products that have

been certified. Register as soon as possible.

You can register before purchasing a system.

• Meaningful User – You have to successfully

demonstrate “meaningful use” for a

consecutive 90-day period in your first

year of participation (and a full year in

all subsequent years) to receive the EHR

incentive.

• Attestation – You must legally attest through

Medicare or Medicaid’s website that you have

met all of the eligibility criteria to qualify for

the incentive payments. Attestation begins

in April 2011, with the first EHR incentive

payments being paid in May 2011.

Although these are only some of the programs

available, keeping you informed can help you

achieve financial benefits. Wishing everyone a

Happy and Prosperous New Year!

Deirdre M. Hartmann is CPA and Manager

of Nisivoccia LLP, a multi-dimensional CPA

firm with offices in Mt. Arlington and Newton,

New Jersey. The firm offers traditional tax,

accounting and audit services, and maintains

practice specialties in sectors including

healthcare, technology, municipal government,

and education, nonprofit and financial services.

Contact her at [email protected].

(973) 328-1825.

Medicare Financial Incentives Are Available Do you Qualify?Provided by Deirdre Hartmann, CPA and Manager Nisivoccia LLP

Page 17: NJ Physician Magazine February 2011

February 2011 15

The program kicks off with a networking luncheon at 12 noon. It concludes with a wine tasting and an opportunity to network. In between, you will have the chance to hear the perspectives of two leaders in New Jersey healthcare and meet and mingle with other professional women in healthcare.

Admission is complimentary.

New Jersey Women in Healthcare (NJWH) is a new networking group for leading women in healthcare in New Jersey, such as healthcare providers, including physicians and dentists, and key executives in hospitals, nursing homes and other healthcare facilities.

Sponsored by

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Page 18: NJ Physician Magazine February 2011

16 New Jersey Physician

Food for Thought

If there are readers

who actually follow

Food For Thought on

a monthly basis, they

would have noticed

that I did not submit an

article for last month’s

issue. The reason is

one I am sure many can identify with. A painful back ailment that

began last July became progressively worse and had kept me away

from restaurants and most other places since mid-December. On

January 4th I reluctantly underwent a necessary fusion procedure to

correct the significant problems that were causing the horrific pain.

For the next six weeks I gradually healed from the extensive surgery

but the original pain was gone immediately. I will be forever grateful

for the excellent care and treatment I received.

Although complete recovery takes from three to six months, I am

slowly returning to normal life. One of the enjoyable parts of life that

I have been able to re-claim is dining out. Last night Michael and I

visited the Tabor Road Tavern, right off of Route 10 in Morris Plains.

We had never been there but were eager to try it because it is owned

by the same group as the Huntley Taverne in Summit, which we

always enjoy.

As we entered I felt as if I were in a huge ski chalet in the mountains,

complete with a high wood-beamed ceiling and wood-burning

fireplace. The ambience was warm and welcoming. I thought it was

odd, however, for the hostess to ask for our name since there was a

table available which we were escorted to without having to wait. We

were somewhat disappointed once we were seated because our table

was in between two other tables, each only inches away. We clearly

heard the conversations at both tables – distracting to say the least.

We asked the server if one of the lovely booths was available but he

responded that the empty booths were reserved.

Determined not to let this slight annoyance ruin our first dinner out in

months, we explored the menu. We were intrigued by an appetizer for

two consisting of a sampling of Maryland crab cakes, tuna tartare and

vegetable spring roll with assorted sauces. This arrived beautifully

arranged on a large platter. The spring roll was crisp on the outside

with a stuffing of delicately cooked veggies. The crab cakes were not

as crisp but the crab filling was delicious. Last but not least, the tuna

was fresh and presented interestingly with tortilla chips to scoop with.

By Iris Goldberg

Tabor Road TavernMorris Plains, New Jersey

Page 19: NJ Physician Magazine February 2011

February 2011 17

At this point we couldn’t help but notice the

over-attentive service. Two different people

had come over to ask if the appetizer was

okay. Michael finished his plate first and it was

removed. The moment I put my fork down my

plate was whisked away as well. I was starting

to feel cranky and couldn’t decide if perhaps

I had ventured out too soon or if things were

really not going as well as they might.

I decided to reserve judgment until after the

entrees were served. I had selected char-broiled

hangar steak, rare with Cuban style Yukon Gold

potatoes and a salad of watercress. The steak

was fabulous. It was seasoned and cooked to

perfection. The potatoes were cooked well –

crisp on the outside and tender on the inside

but I could not eat more than one because of

the excessive amount of garlic. In fact, I fed one

to Michael so that he might be able to tolerate

being close to me. (If you both eat it, the odor

isn’t noticeable. This is an undisputed fact).

The seasoning on the watercress was off as

well. It was so salty that again, I could not eat

more than one bite.

Michael thoroughly enjoyed his dish of honey

and spice roasted Long Island duck breast

served over quinoa with escarole, raisins and

pine nuts. I tasted a slice of the duck and had

to agree it was perfectly cooked and seasoned.

Again, we were asked more than once if

everything was alright and again the plates

were removed promptly. In fact, although I had

put my fork down, there was still food left on

my plate but it was removed without asking if I

was done eating.

I wasn’t imagining it. Tabor Road Tavern

needs to address certain issues. I do think,

however, that the potential is definitely there.

The atmosphere is lovely and some of the food

we sampled was excellent. It’s a bit pricey but

with a little effort this could be a great place

for a casual meal that’s a step above a burger

and fries. For me, even though the meal was

less than perfect, the evening was greatly

appreciated. I felt so fortunate to be out and

about. Sometimes we take even the simplest of

pleasures for granted.

Tabor Road Tavern is located at 510 Tabor

Road, Morris Plains, NJ. (973) 267-7004

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Page 20: NJ Physician Magazine February 2011

18 New Jersey Physician

As part of the Patient Protection and Affordable

Care Act and the Health Care and Education

Reconciliation Act of 2010, patients are now

subject to new rules governing reimbursement

of the cost of certain over-the-counter (OTC)

medications. These rules affect reimbursements

under employer-sponsored health plans, health

flexible spending arrangements (health FSAs),

and health reimbursement

arrangements (HRAs),

as well as health savings accounts (HSAs)

and Archer medical savings accounts (Archer

MSAs).

Presently, the cost of OTC medicines and

drugs are deemed “medical expenses” that are

eligible for reimbursement from group health

plans (and are “qualified medical expenses”

eligible for distribution from HSAs and Archer

MSAs). However, the changes in the law amend

the definition of what is considered a “medical

expense” and restrict the reimbursement of

funds used to purchase OTC medicine and

drugs going forward after December 31, 2010.

Under these new changes, “a distribution

from an FSA, HRA, HSA or an Archer MSA

for a medicine or drug is a tax-free qualified

medical expense only if (1) the medicine or

drug requires a prescription, (2) is an over-the-

counter medicine or drug and the individual

obtains a prescription, or (3) is insulin.

As patients seek to utilize these reimbursement

vehicles, this will seriously affect the potential

liability of physicians who are now frequently

asked to provide the documentation required

for their patients to be reimbursed. Although,

according to the IRS, the patient simply needs to

obtain a receipt of payment, the physician must

provide documentation which (other than for

insulin) is nothing short of an actual prescription

, regardless of the fact that OTC medications do

not require a prescription for purchase.

In responding to recent requests from the

medical community for clarification of the

need to provide prescriptions for OTC drugs,

the IRS has posted a very specific response to

this frequently asked question (“FAQ”) on its

website:

“If your employer’s health FSA or HRA

reimburses these expenses, you would provide

the prescription (or a copy of the prescription or

another item showing that a prescription for the

Howfor

By Michael J. Schoppmann, Esq. Kern Augustine Conroy & Schoppmann, P.C.

Legal Issues

Reimbursements Over-the-counter MedicationsWill affect physicians: (NewRules and Requirements)

Page 21: NJ Physician Magazine February 2011

February 2011 19

item has been issued) and the customer receipt

(or similar third-party documentation showing

the date of the sale and the amount of the charge).

For example, documentation could consist of

a customer receipt issued by a pharmacy that

reflects the date of sale and the amount of the

charge, along with a copy of the prescription; or it

could consist of a customer receipt that identifies

the name of the purchaser (or the name of the

person for whom the prescription applies), the

date and amount of the purchase and an Rx

number.”

For purposes of the new rule, a prescription

is defined as “a written or electronic order

for a medicine or drug that meets the legal

requirements of a prescription in the state in

which the medical expense is incurred and

issued by an individual who is legally authorized

to issue a prescription in that state.”

However, the new rule does not apply to items that

are not medicines or drugs, including equipment

(e.g., crutches), supplies (e.g., bandages), and

diagnostic devices (e.g., blood sugar test kits).

These items will continue to qualify, if they

otherwise meet the definition of medical care,

which includes expenses for the diagnosis, cure,

mitigation, treatment, or prevention of disease,

or for the purpose of affecting any structure or

function of the body.

In light of these new requirements, patients will

likely seek reimbursement for OTC medications

on a more frequent basis. Therefore, physicians

should be prepared for a dramatic increase in

the number of “prescriptions” they are asked

to issue. This is also the area where the risk of

potential liability exists. Before simply issuing

such documents as “claim documents” or

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Page 22: NJ Physician Magazine February 2011

20 New Jersey Physician

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• Musculoskeletal pain

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“reimbursement forms,” physicians and medical

practices must not issue what will still be legally

considered a prescription, thereby intended to

treat a known medical condition without having

first seen and fully examined the

patient for that condition. That also

requires properly documenting the

propriety and medical necessity

of that “prescription.” Further, an

additional problem may well arise

when an established patient requests

that numerous “OTC prescriptions”

be written, yet is also already taking

prescribed medications which may

interact negatively with the OTC

medications, and result in patient

injury and a lawsuit. Such a situation clearly

requires the prescribing physician be aware

of and assess the possible interaction of all the

medications and drugs, both OTC and non-OTC,

which the physician has now “prescribed” for the

patient.

There may also be additional ramifications for

those physicians who contemplate charging

for the initial prescription. They may well face

regulatory problems at a later date. A physician

should not write a prescription without first

examining and evaluating the patient,

unless this is an established patient

and the physician reasonably believes

a new examination is not required to

write the new prescription. Further,

if the physician wants to charge

the patient to write the initial OTC

prescriptions, this charge would likely

be in addition to the fee for the office

visit. However, if the patient complains

to a regulatory agency or insurer, such a

combination of fees may well be viewed

as “excessive.” This could trigger an investigation

into the documentation about the prescription

with subsequent disciplinary action.

Therefore, as a result of this new rule, we anticipate

that both new and established patients will want

to come to see the physician at least once a year

and have as many of their OTC prescriptions

written at that office visit as possible, with as

many refills as can be legitimately written. Some

practices which have provided advance notice

of such a policy are already charging patients for

writing prescription refills between visits, in order

to encourage patients to adhere to a “once a year”

protocol.

Looking ahead, every physician and practice

must be strongly cautioned not to casually “back-

date”, “re-write” or “post-date” prescriptions

to ease the burdens imposed upon them by

passage of these new rules. Whatever issues

may later arise, the falsification of a prescription,

whether for OTC or non-OTC medications, will

take greater precedence in disciplinary or other

regulatory investigations and proceedings and

pose a far greater threat to the practice than any

other underlying issues.

Michael J. Schoppmann, Esq., is a principal in the firm of Kern Augustine Conroy & Schoppmann P.C., which is solely devoted to the representation of healthcare professionals. He may be contacted at 1-800-445-0954 or via email at [email protected].

Page 23: NJ Physician Magazine February 2011

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Page 24: NJ Physician Magazine February 2011

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