Medigram - March 6, 2008 | Wisconsin Medical Society

TOP STORY

Society files amended claim in Fund lawsuit

The Wisconsin Medical Society last Friday filed an amended complaint in the lawsuit challenging the legality of the raid of the Injured Patients and Families Compensation Fund (Fund). A copy of the complaint can be read here.

The Society dismissed State Treasurer Dawn Sass from the lawsuit. Based on the State’s responses to the Society’s interrogatories, it does not appear that Sass was involved in the transfer of money from the Fund. The amended complaint names Michael Morgan, the Secretary of the Department of Administration, as the sole defendant. Secretary Morgan, in his official capacity, directed and supervised the transfer of money from the Fund.

Additionally, Society member David Hoffmann, MD, has joined the lawsuit as an individually named plaintiff. Doctor Hoffmann’s participation in the lawsuit will underscore the potential impact that the State’s raid on the Fund might have on physicians who practice in rural communities. Doctor Hoffmann is a family physician who practices in Mauston. The Society distributed this press release Tuesday about Dr. Hoffmann’s participation.

The amended complaint also includes a new claim under 42 USC sec. 1983. The claim is based on governmental officials depriving Wisconsin physicians of their constitutionally protected rights, such as the right to receive just compensation for property taken by the State and other constitutional rights outlined in the complaint. The amended complaint also includes a claim that the State violated Wis. Stat. sec. 655.27 by transferring money from the Fund without following the statutory requirement of obtaining approval from the Board of Governors.

The State must file an answer to this amended complaint. A telephone scheduling conference with the trial judge to set key dates, such as deadlines for completing discovery and filing motions for summary judgment, is scheduled for April 8, 2008.

If you have questions about the lawsuit, e-mail Ruth Heitz, JD, or Mark Grapentine, JD.

NEWS BRIEFS

Web site and on-line course offer resources to improve health care quality in diverse populations

To equip health care professionals with the skills needed to treat an increasingly culturally and ethnically diverse patient population, the Office of Minority Health at the U.S. Department of Health and Human Services has created “A Physician's Practical Guide to Culturally Competent Care.” This free, on-line educational program is accredited for physicians, physician assistants, nurse practitioners, and pharmacists.

With growing concerns about racial and ethnic disparities in health outcomes, cultural competence has become more and more a matter of national concern and attention. By learning to be more aware of their own cultural beliefs and more responsive to those of their patients, health care professionals can think in ways they might not have before. That can lead to self-awareness, and over time, changed beliefs and attitudes that will translate into better health care.

To learn more and to access on-line courses and resources, click here.

Health literacy the focus of Annual Meeting CME

A CME session entitled “Health Literacy: What is it and what can we do about it?” will be presented by Paul D. Smith, MD, during the Society’s Annual Meeting April 11. Doctor Smith is an Associate Professor in the Department of Family Medicine, University of Wisconsin School of Medicine and Public Health.

All Society members are invited to attend this CME, which is scheduled from 12:30–2:30 p.m. at Monona Terrace in Madison. Please note that this program will replace “Cost of Care (Efficiency) Measurement,” which was announced previously. There is no charge for the CME, and lunch is included. For more details, including registration information, click here.

Annual Alzheimer’s disease symposium March 15

The Medical College of Wisconsin Department of Neurology is presenting a full-day symposium, Alzheimer’s Disease: Prevention and Environment, Saturday, March 15. Designed for physicians and allied health professionals, the event will run from 8:30 a.m. to 3:30 p.m. at the Health Research Center Auditorium, 8700 Watertown Plank Rd. in Milwaukee.

Expert speakers will highlight current and emerging evidence of how environmental risk factors, lifestyle and nutrition may affect the risk for contracting Alzheimer’s disease and disease progression. Registration is $150 and includes a comprehensive course syllabus, continental breakfast, refreshments, lunch and parking.

For more information or to register on-line, click here or contact Stella Miller at 414.805.5224.

CAPITOL INSIDER

“Healthy Wisconsin 2.0” introduced

The long-awaited update to the Senate Democratic “Healthy Wisconsin” universal health care coverage plan has been introduced as Senate Bill 562. It features some changes to the requirements for small business participation and sets a cap on the amount dual-income families will pay annually.

The initial version of Healthy Wisconsin was introduced in the midst of the biennial budget process, raising criticisms that the plan was more political in nature than a realistic policy proposal. Support for the original version was primarily limited to the Senate Democratic caucus, as Governor Doyle and some Assembly Democrats distanced themselves from the proposal.

The current proposal creates a Governor-appointed 16-member board of trustees that holds tremendous power over how health care would exist in Wisconsin, and is tasked with creating and administering a health care program covering all Wisconsin citizens. Four additional members would come from a special Health Care Advisory Committee but would not have voting power. Physicians could theoretically have input on the Advisory Committee but are specifically excluded from the voting membership.

A vigorous financial analysis of the plan has not yet been done; one estimate is that a $15.2 billion payroll tax can pay for the plan, but the Society believes a more significant fiscal breakdown is needed.

Senator Jon Erpenbach (D-Middleton) is the author of the bill; you can read his press release here. An Associated Press article about the legislature’s work on “health care reform” during the remainder of the session is here.

For more information, contact Mark Grapentine or Jeremy Levin.

Governor initiates budget repair process

Anticipated since the nonpartisan Legislative Fiscal Bureau announced in mid-February a dramatic state deficit figure, Governor Doyle’s administration officially notified legislative leaders that a budget repair bill is necessary. In a March 5, 2008 letter to legislators, Department of Administration Secretary Michael Morgan put the deficit at $350.9 million through the end of the 2008-2009 biennium (the number would be higher, but DOA has ordered departments to “lapse” $111 million in state spending and roll over $125.4 million in debt payments).

State statutes require the Governor to submit legislation that will rectify the deficit. To that end, he has called the legislature into special session next Thursday, March 13 to begin the legislative process of debating and approving a repair bill. Details of the Governor’s proposal are not yet known; a plan will be forthcoming next week. Reports are that a hospital tax will be the centerpiece of the plan; a spokesperson for Assembly Speaker Mike Huebsch (R-West Salem) has said the Republican-controlled Assembly will not a pass a bill that includes such a tax.

For more information, contact Mark Grapentine or Jeremy Levin.

Lance Armstrong joins fight to make Wisconsin Smoke Free

Seven-time Tour de France winner, cancer survivor and advocate Lance Armstrong appeared with Governor Jim Doyle on Tuesday to urge approval of the “Breathe Free Wisconsin Act.” During the Citizens for Smoke Free Air Rally at Monona Terrace, Armstrong addressed the crowd of over 1,000 people, who then took the Capitol by storm to meet with their legislators. Media coverage included:

On the same day, the Assembly Public Health Committee passed Assembly Bill 834, the “Breathe Free Wisconsin Act”, which would require every workplace in Wisconsin–including bars and restaurants–to become smoke-free. Many Society members testified and registered in support of the bill at the public hearing. The committee passed the bill on a strong bipartisan vote of 6-3. The members who supported the bill include Representatives J.A. “Doc” Hines (R-Oxford), Terry Moulton (R-Chippewa Falls), Sheldon Wasserman, MD (D-Milwaukee), Chuck Benedict, MD (D-Beloit), Marlin Schneider (D-Wisconsin Rapids) and Spencer Black (D-Madison).

AB 834 is the Assembly companion to Senate Bill 150. However, the effective date of AB 834 is January 1 2009, a year earlier than the Senate Public Health Committee had compromised on during their executive session of SB 150. The next step is to get one of the bills through both legislative chambers before session ends next week.

For more information, contact Jeremy Levin.

Campaign season quickly approaching

With one week of legislative session left, campaign season isn’t far behind. Every two years all 99 state representatives are up for election, along with half of the state senate. All even-numbered districts are up for election this year. Things won’t officially get underway until candidates start circulating nomination papers in June. However, campaign fundraising is always in season.

Society members who want to be politically active can also be members of the Society’s WISMedPAC/WISMedDIRECT. Our 2008 membership year is underway and we need your help going into the Fall elections.

For more information, contact Jeremy Levin.

FOUNDATION FOCUS

Explore your hidden potential

Wisconsin Medical Society Foundation
Fundraising Dinner, Silent Auction and Raffle
April 10, 2008, 5:30 p.m.
Monona Terrace Convention Center, Madison

The Wisconsin Medical Society Foundation’s 2008 fundraising event will feature the unique opportunity to meet one of the world’s few identified prodigious savants, Kim Peek. Peek has read more than 7,600 books and has 98 percent recall of each one—not to mention a storehouse of facts on subjects ranging from music to history to sports. He’s also developmentally disabled. Although it does not depict his actual life story, Peek inspired the 1988 Oscar winning film, Rain Man.

Kim Peek with Barry Morrow, screenwriter for Rain Man, holding one of the Oscars awarded for the film. Photo by Richard Green, Salinas, CA.

Joining Kim at the event will be his father, Fran, and Wisconsin Medical Society Past President, Darold Treffert, MD, an internationally recognized expert on Savant Syndrome.

“We are very fortunate to have Fran and Kim Peek and Dr. Darold Treffert join us this year. Each of these accomplished speakers brings his own unique message to the stage as they also encourage us to look beyond individual differences and search for ‘islands of genius’,” noted Foundation President Ayaz Samadani, MD.

The evening will begin with a silent auction, hors d’ouevres and a cash bar at 5:30 p.m., followed by dinner at 7 p.m. and the program at 8 p.m. Peek will encourage audience members to “stump” him in one of his areas of knowledge.

“The success of this event is critical as it sets the stage for our 2009 scholarship and grants programs. It provides the funding needed to continue expanding our support for medical and health education in Wisconsin,” said Renee Reback, Foundation Executive Director.

Tickets are $100 each and may be purchased by contacting Renee Reback at 608.442.3720.

Foundation kicks off raffle

Don’t miss your chance to win 2.48 carat diamond earrings or $1,500 toward the vacation of your choice! Tickets are $20 each or 6 for $100 and may be purchased from Foundation staff or any Society Membership Representative. A limit of 1,000 tickets will be sold.

For more details click here.

QUALITY CORNER

IHI white paper 'Whole System Measures' available on-line

A recent white paper available from the Institute for Healthcare Improvement (IHI) describes and promotes the use of a system of metrics, called the Whole System Measures, to measure the overall quality of a health system and to align improvement work across a hospital, group practice or large health care system. IHI and colleagues developed the Whole System Measures to supply health care leaders and other stakeholders with data that enable them to evaluate their health systems’ overall performance on core dimensions of quality and value, and that also serve as inputs to strategic quality improvement planning. Click here to download a copy of the paper at no charge.

FAQ

Question:
What is Directors and Officers Liability Insurance, and when and why would I need it?

Answer:
Directors and Officers Liability Insurance provides financial protection for the directors and officers of your company in the event they are sued in conjunction with the performance of their duties as they relate to the company.

Directors and Officers Liability insurance is necessary when you assemble a board of directors. Quite frequently, it is required by the directors and officers as well as investors who are funding your company. Also, having employees opens management up to employment practices lawsuits.

You need this type of coverage for several reasons. First, claims from stockholders, employees, and clients may be made against the company, and against the directors of the company. Since a director can be held personally responsible for acts of the company, most directors and officers will demand to be protected rather than put their personal assets at stake.

You also need Directors & Officers Insurance because investors and board members will probably not be willing to risk their personal assets to serve as a corporate director or officer, no matter how heartfelt their belief in your company.

Additionally, employment practices suits constitute the single largest area of claim activity under Directors & Officers policies. Over 50 percent of Directors & Officers claims are related to employment practices.

For answers to other Frequently Asked Questions about insurance matters e-mail insurance@wismed.org.