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quickly a year passes! It seems like only yesterday
that the ASA Executive Committee, Vice-President
for Professional Affairs Alexander A. Hannenberg,
M.D., and ASA Executive Director Ronald A. Bruns
handed me the keys to the Washington Office and
gave me my initial marching orders. And what a privilege
it has been to get to know so many of you this past
year as we have met, worked and triumphed together
to advance this wonderful physician-driven Society
dedicated to anesthesiology and the patients it
treats.
Looking back, I am proud to say that 2005 saw able
new personnel and vigor pumped into the ASA Washington
Office, complete with the general counsel and other
legal functions being brought in-house and strengthened.
This has allowed for obvious economies and more
direct attention to such items as our ASA expert
witness testimony review program and working with
the appropriate ASA committees to protect our copyrighted
and trademarked products, which Mary Kuffner, J.D.,
has undertaken in her new role as Associate General
Counsel.
As part of our internal Washington Office reorganization,
the hard work and loyalty of Manuel E. Bonilla,
M.S., and Karin Bierstein, J.D., M.P.H., were appropriately
rewarded. They now serve respectively as ASA’s
Associate Director of Governmental Affairs and Associate
Director of Professional Affairs. In like manner,
Lisa Percy, J.D., was elevated to State Legislative
and Regulatory Issues Manager. Of special interest
to this NEWSLETTER issue and its content,
Ms. Percy is now the lead ASA staffer to our revitalized
ASA Committee on Governmental Affairs. Along these
lines, specific innovations, based on well-received
changes in our ASA Legislative Conference and in
other areas, will continue into next year in close
consultation with this committee and its able chair,
Patricia J. Davidson, M.D.
Finally, the ASA Washington Office hopes to soon
welcome a new Advocacy Communications Manager, with
dedicated responsibility to translate our lobbying
work and practice management information on a daily
basis to our ASA membership.
Among ASA’s work with the federal government,
2005 was a year of marked successes. On the congressional
front, ASA was a key player in the passage and enactment
of a landmark law that will allow us to become a
certified “patient safety organization (PSO).”
ASA was honored by 2005 ASA President Eugene P.
Sinclair, M.D., being present when President George
W. Bush signed the measure. As we move through the
regulatory process with the Agency for Healthcare
Research and Quality (AHRQ) on this new law, we
will continue positioning ASA to remain a leader
in patient safety. As described earlier this year,
the new patient safety law will allow for voluntary,
confidential reporting to PSOs. Exciting developments
on this topic will be reported through these pages
and electronic media in the new year.
In another coup, ASA kept the federal prescription
drug monitoring bill (NASPER) on track, through
enactment, to ensure that it will help pain physicians
help patients who have gotten themselves into trouble
by seeking multiple prescriptions from multiple
physicians. ASA was the leading force in keeping
this bill from becoming a “law enforcement”
bill, which would have invited state law enforcement
into physician offices inappropriately.
Along these lines, ASA also continued in 2005 to
work very closely with the American Medical Association
(AMA) and the Pain Care Coalition, building a positive
dialogue with the Drug Enforcement Agency (DEA).
Together, we have started important discussions
with the DEA administrator that will enable ASA
to help anesthesiologists and other pain physicians
help their patients and keep big government out
of legitimate medical practice.
In terms of promoting academic anesthesiology research
and securing more National Institutes of Health
grants, ASA also has been very active. Earlier this
year the U.S. House of Representatives passed its
Labor-Health and Human Services (HHS) bill, and
ASA’s proposed language on “anesthesiology
research” was included in it, thanks to the
wonderful efforts of Representative Dave Weldon,
M.D., (R-FL) and the House Appropriations Committee.
Drawn from the key concepts in the Foundation for
Anesthesia Education and Research mission statement,
this language will go far to advance anesthesiology
research as it moves to become law in the final
FY 2006 Labor-HHS Conference agreement.
In both Congress and with the Administration, ASA
has emerged as the leading voice for anesthesiology
and pain medicine on possible pay-for-performance
(P4P) measures. Three starter measures, tied to
coding and billing, were among many recently considered
for a voluntary demonstration project at the Centers
for Medicare & Medicaid Services. ASA continues
to be involved in this difficult matter because
the federal government has told us it would dictate
measures to anesthesiology and any other medical
specialty that fails to engage.
In the meantime, ASA has kept fighting, along with
AMA and the rest of medicine, to fix the sustainable
growth rate formula and stop negative Medicare updates
in 2006 and beyond, while insisting that there be
no firm link to P4P without a revamped payment system
tied to the Medicare Economic Index.
Throughout 2005, our top issue has remained fixing
the Medicare anesthesiology teaching rule. Despite
continued resistance from CMS, ASA nonetheless engineered
solid support from many in Congress and worked side-by-side
with the Society of Academic Anesthesiology Chairs/Association
of Anesthesiology Program Directors to get nearly
every academic anesthesiology program in the United
States to weigh in on the urgent need for a fix.
As we move into December, ASA remains adamantly
committed to achieving its policy goals on the teaching
rule, and we continue to work assiduously toward
this goal.
This past year ASA also saw tremendous progress
on the locked cart issue and the 48-hour rule, thanks
to tireless ASA lobbying of the federal agencies.
The proposed rule from CMS, issued earlier this
year, deferred completely to ASA guidance on these
matters, and we are pushing for the final rule to
be issued in the very near future.
While remaining and new issues will continue to
occupy ASA through the end of this year, into 2006
and well beyond, we are collectively stronger and
better positioned to advance anesthesiology than
ever before. With strong member and leadership support,
much additional good work will be achieved.
On a personal note, it has been a special privilege
and honor to have worked so closely with ASA Immediate
Past President Eugene P. Sinclair, M.D., this past
year — a modern giant of anesthesiology among
us.
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Ronald Szabat, J.D., LL.M., is ASA Director
of Governmental Affairs and General Counsel. |
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