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August 2006
Volume 70
Number 8

Washington Report

A Call for Truth and Transparency

Ronald Szabat, J.D., L.L.M., Director
Governmental and Legal Affairs



s the Washington Post observed in an article some years ago: notice that we are calling this the “information age” and not the “knowledge age.” Anesthesiologists, physicians, patients, consumers and people everywhere are literally being bombarded by “incoming messages,” whether wanted or unwanted, important or not. How to cope with this deluge of facts, trivia, half-truths and outright falsehoods remains a daunting and daily challenge for us all.

Here in the nation’s capital, public policy experts and lobbyists abound, all competing with one another for a small amount of public attention or, in most cases, the attention of members of Congress. There is no shortage of information to be “packaged” and increasingly limited time in which to sort it all out or absorb it.

But what of consumers and patients trying to navigate the complexities of today’s health care industry? How are patients able to make “consumer-directed health choices” amid hype, hyperbole and falsehoods? While the debate on price transparency in health care costs gains momentum in Washington and reveals the distortions brought on by government-controlled Medicare and Medicaid pricing and physician payment — not to mention distorted private payer fee schedules — recent surveys show that Americans need and want better information about all the nonphysician providers seeking direct patient access and a greater share of reimbursement for patient interactions.

After all, a bad or uninformed “choice” is really no choice at all. When it comes to one’s health, making bad choices can endanger patient safety, cause injury or even lead to death.

In this spirit of helping our patients, ASA was pleased to accept a recent invitation to join the Coalition for Healthcare Accountability, Responsibility and Transparency (CHART). Comprising leading medical and dental organizations, including the American Medical Association and other large national medical specialties, CHART is dedicated to advancing legislative, regulatory and legal actions at the federal level to counter misrepresentations by nonphysicians as to their titles, education, skills or training.

With the advent of so-called “Doctorate of Nursing Programs,” which appear to be retooled master’s-level nursing programs with limited clinical skills offerings, anesthesiologists are rightly concerned that patient confusion will soon result if those persons other than medical doctors or doctors of osteopathy begin using their “doctor” titles in clinical settings, seeking to represent themselves as true physicians. Similarly, in the medical marketplace, patients deserve not to be misled into believing that someone has the same, equivalent or similar education, skills and training as an M.D. or D.O.

To highlight the need for Federal Trade Commission enforcement to protect patients through “truth in advertising” and ensure the integrity of other public pronouncements or patient encounters, ASA is pleased to support new legislation recently introduced by Representative John Sullivan (R-OK), in the U.S. House, as H.R. 5688, the “Health Care Truth and Transparency Act of 2006.” This straightforward and commonsense bill draws a line in the sand and says that those nonphysician providers misrepresenting themselves and misleading the public will be subject to stringent investigation and prosecution. With so much at stake for patients seeking knowledge in this crazy “anything goes” information age, the Sullivan bill would ensure that patients get better and more accurate information so critical to their own health care.

As it is doing with the American Medical Association’s Scope of Practice Partnership, focused on state legislative, regulatory and legal issues, ASA looks forward to working jointly to protect patients and avoid injury or death through better truth and transparency at all levels of health care.

With our drive to save our anesthesiology teaching programs through legislative reform of the onerous Medicare teaching rule, the Sullivan bill joins ASA’s other major legislative and regulatory priorities for 2006. Translation: “governmental affairs” work remains a major pillar of ASA activity on behalf of its members. As always, your active involvement and support on these important matters is appreciated!



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The views expressed herein are those of the authors and do not necessarily represent or reflect the views, policies or actions of the American Society of Anesthesiologists.

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