Medigram - June 4, 2009 | Wisconsin Medical Society

TOP STORY

Budget item increasing potential medical liability exposure still alive; calls to lawmakers urged

A policy item in the 1,743-page state biennial budget could increase physicians’ medical liability exposure, due to a loosening of rules regarding “joint and several” liability. If this version of the budget passes, those who are less than 51 percent negligent in a medical malpractice suit may be required to pay up to 100 percent of the award.

In 1995, the Legislature passed bipartisan legislation that changed the threshold where “joint and several” liability attaches for a defendant from 1 percent to 51 percent. Gov. Jim Doyle’s most recent budget proposal included a provision that would return Wisconsin’s laws to that pre-1995 state and added some additional lawsuit-related wrinkles that have raised the ire of the tort-reform community. In its late-night marathon session last week, the Joint Committee on Finance increased the attachment threshold to 20 percent, even though legal analysis suggests that a plaintiff’s attorney can often wiggle around that requirement, depending on who the attorney chooses to sue.

As the State Assembly prepares to vote on the budget next week, now is the time for physicians to voice their opinions on this provision. Contact your State Assembly representative before the end of the week and ask him or her to remove this policy item from the budget during the vote next week. As always, be polite but firm. It’s also a good idea to inform the legislative office about how many patients you or your entire office see in a week, a month or a year. This kind of information can make Capitol offices take notice.

Society Key Contacts received a special e-mail alert earlier today about this issue. If you’re not a Key Contact, sign up today for this free member benefit, which lets you know when the time is right to contact your elected officials about issues important to physicians and their patients.

For more information on the issue of joint and several liability, click here or contact Mark Grapentine, JD. For more information on the Key Contacts program, contact Beth Alvin.

NEWS BRIEFS

Society unveils new educational opportunities for practice management

The Society’s newest roster of educational opportunities for physicians, other health care professionals and staff is now available on-line. Click here to view the complete brochure.

Topics to be covered include consolidated billing, the HITECH Act’s impact on HIPAA privacy rules and best practices in difficult risk management situations. Most of these opportunities are available as teleconferences, and one is eligible for AMA PRA Category 1 Credit for CME. For a listing of upcoming teleconferences, click here. For a listing of upcoming face-to-face seminars, click here. For more information about these offerings and other educational opportunities, contact Stephanie Taylor at 608.442.3796.

Wisconsin Medical Journal seeks reviewers

The Wisconsin Medical Journal, a peer-reviewed, indexed scientific journal produced by the Society, seeks physicians to add to its list of highly qualified reviewers.

Ideal candidates will be objective, insightful and able to respond to requests in a timely manner. Reviewers receive manuscripts electronically and are asked to complete their reviews within three weeks.

Interested physicians should e-mail their name, contact information (including preferred e-mail address) and specialty (including areas of expertise or interest) to wmj@wismed.org and indicate how often they would be willing to serve as a reviewer. For more information about reviewing, click here.

New guidance from ACOG urges genetic counseling prior to genetic testing

The American College of Obstetricians and Gynecologists (ACOG) recently issued guidance that stresses the importance of counseling and education in genetic risk assessment for cancer. A number of Wisconsin groups, including the Wisconsin Cancer Risk Programs Network (WICRPN), have rallied in support of this recommendation and urge physicians of all specialties to take the time to review it.

Specifically, WICRPN encourages physicians to be aware that an increasing number of patients and health care professionals who lack expertise in cancer genetics have been ordering these tests directly from labs, bypassing the important step of counseling. Genetic counselors are uniquely qualified to provide a genetic cancer risk assessment to patients and their families.

According to a WICRPN statement, genetic counseling provides an opportunity to obtain accurate information about the possibility of an inherited cancer syndrome, receive guidance about the medical impact of genetic testing results and discuss some of the benefits, risks and limitations of genetic testing. The new ACOG guidance states that cancer genetic risk assessment should be performed by a health care professional with expertise in cancer genetics and should include a counseling component.

For more information on this issue and the new guidance, contact WICRPN’s Ann Schmidt. To find a genetic counselor in your area, visit www.nsgc.org.

NEWSMAKERS

Inhorn receives national award for lab system development

Stanley Inhorn, MD, director emeritus of the Wisconsin State Laboratory of Hygiene (WSLH), professor emeritus of pathology and laboratory medicine at the University of Wisconsin School of Medicine and Public Health, and longtime Society member, received the 2009 Gold Standard in Public Health Laboratory Excellence Award from the Association of Public Health Laboratories (APHL) at the group’s annual conference in May.

The Gold Standard award is given to an APHL member who has made significant contributions to the advancement of public health laboratory science and practice. When giving the award to Dr. Inhorn, the APHL noted his involvement in early efforts to advance laboratory quality, establish laboratory standards and define the services of public health labs.

From 2004 to 2008, Dr. Inhorn chaired APHL’s Laboratory Systems and Standards Committee, which developed the Laboratory System Improvement Program (L-SIP) that targets improvement of public health laboratory systems.

To learn more about the award and Dr. Inhorn’s accomplishments, click here.

EDUCATIONAL PROGRAMS

Your questions answered: Billing Medicare for mental health services

What are the documentation must-haves for a psychiatric diagnostic or evaluation interview? What are the coding guidelines for psychotherapy services when billing Medicare? How can you accurately code group therapy and incident-to mental health services? How do you accurately report neuropsychological tests to Medicare? Join Penny Osmon June 18 for a one-hour teleconference as she addresses these questions and more.

Please submit questions you would like addressed during this teleconference to Penny Osmon no later than June 11. For more information or to register, click here or contact Stephanie Taylor at 608.442.3796.

QUALITY CORNER

New Commonwealth Fund study on at-risk women available

Rising health care costs, coupled with eroding health care benefits, are having a substantial effect on Americans’ ability to get the health care they need, with women particularly affected. Women experience cost-related access problems and medical bill problems more often than men, according to a new Commonwealth Fund study, Women at Risk: Why Many Women Are Forgoing Needed Health Care. In 2007, 52 percent of women reported problems accessing needed health care because of cost, and 45 percent of women accrued medical debt or reported problems with medical bills. Since women use more health care services than men, they are more often exposed to the fragmentation and failings of the current health care system, underscoring the need for affordable and high-quality health insurance coverage that is available to all. To read a brief on this issue or listen to a podcast of this study, click here.

FAQ

Question:
There are various types of rapid testing for influenza virus types A and B. How should I report rapid testing for both types?

Answer:
The May 2009 CPT Assistant outlines several reporting options for rapid influenza testing. When testing for both influenza A and B, using one sample, one device, either single or separate analytical chamber and yielding two results (A & B), code 87804 would be reported twice. The code is reported once for each test result, even if only one kit was used. Certain payers may require modifier 59 to indicate the test was distinct and separate, while some payers may prefer units on the claim form. If other forms of rapid testing are used and lead to only one result or are non-differentiating, CPT 87804 would be reported only once.

For answers to other Frequently Asked Questions about coding matters and more, click here to review our Education Department’s FAQ archive, or e-mail efaq@wismed.org.