t
the 2003 Legislative Conference, Senator Hillary
Clinton (D-NY) made a presentation that, among other
issues, recognized the contributions of anesthesiology
to patient safety, specifically describing pin-indexing
and key-indexing of anesthetic gasses and agents.
In fact her reference was as specific as referring
to an oxygen “E” cylinder. A member
of the Committee on Governmental Affairs was surprised
at the depth of her knowledge, even to the level
of using the correct technical language. He also
noticed that there was a neurosurgeon in the senator’s
accompanying group. Apparently this neurosurgeon
was serving a sabbatical year as a “fellow”
to the senator.1
In August 2003, the Committee on Governmental Affairs
submitted a recommendation to the Board of Directors
that ASA create and support an ASA public policy
fellowship modeled on that of the American Academy
of Neurology (AAN). The AAN policy was to encourage
younger members, such as individuals who had just
completed their residency, to serve in these positions.
The recommendation was approved with an $80,000
stipend for a fellow to serve every other year.
The first (2005-06) ASA Lansdale Public Policy Fellow
was William G. Horton, M.D., who is from the Virginia
Mason Clinic in the Washington State (the other
Washington!), but is a retired member. The second
(2007-08) ASA Lansdale Fellow is Joshua L. Lumbley,
M.D., an anesthesiology resident from Texas who
is sandwiching the fellowship between his CA-2 and
CA-3 years. He is presently doing his residency
training at the Brigham and Women’s Hospital
in Boston.
There are several hundred congressional fellows
— usually individuals with established careers
and areas of expertise — who observe and learn
about the congressional processes in Washington.
They cover a wide range of subjects and also may
serve the uniform services, federal agencies and
national laboratories. Fellows seek assignments
in the offices of members or committees of either
the House of Representatives or the Senate, where
they may work either within or outside their area
of expertise. Dr. Horton has likened the environment
as very much akin to being a student at one of the
nation’s largest graduate schools.2
At this “school,” however, you are playing
for real as opposed to undertaking some theoretical
or academic exercise.
ASA’s public policy fellowship was named after
Jack Lansdale, an attorney from Squires, Sanders
& Dempsey in Chicago who was instrumental in
protecting the practice of anesthesiology as we
know it now.3
Mr. Lansdale (1912 -2003) was appointed as ASA legal
counsel in the late 1940s by Leroy D. Vandam, M.D.
(also from Brigham and Women’s). Anesthesiology
was in its infancy and, together with radiology
and pathology, was considered to be a hospital service.
His work, together with ASA leadership in 1961,4
succeeded in battling hospitals and insurers to
obtain recognition that the practice of anesthesiology
is the independent practice of medicine. In 1965,
with the passage of the Medicare bill, early legislation
contemplated placing anesthesia again under the
control of the hospitals, with reimbursement coming
from Medicare Part A, effectively killing anesthesiology
as an independent practice of medicine. Despite
vigorous opposition from the American Medical Association,
ASA refused to oppose the Medicare program itself.
That action would have lost any chance that anesthesiology
could remain independent. Mr. Lansdale and 1965
ASA President, Perry P. Volpitto, M.D., testified
before the Senate Finance Committee and were successful
in maintaining the independent practice of anesthesiology.4
Ironically Medicare A is playing an increasing role
for reimbursement for resident training programs
and possibly Rural Access, but for reasons that
few could have predicted in the 1960s. The third
political battle in which Jack Lansdale was directly
involved was the challenge by the Federal Trade
Commission that the Relative Value Guide was antitrust.
When other societies were signing consent decrees
with the Department of Justice and in the face of
strong skepticism by AMA, ASA stayed the course
and prevailed in 1979. If there were ever an individual
who was prepared to take on political and other
organizations, it was Jack Lansdale. The fellowship
is aptly named.
One of the conditions of the fellowship is an annual
report to the ASA NEWSLETTER. Dr. Horton
(also from Brigham and Women’s!) has submitted
three reports2,5,6
that describe some of the depth and breadth of his
experience. Initially he was on staff of the House
Policy Committee, chaired by Rep. John B. Shadegg
(R-AZ). This committee considered Medicare physician
payment, health care information technology development
and avian influenza with its associated vaccine
and antiviral issues. In summer 2005, Hurricane
Katrina struck. September 2005 was occupied with
evaluating the federal response to that disaster
and also preparation for a pandemic influenza outbreak.
An interesting observation made by Dr. Horton was
the challenge to reduce an extremely complex scientific
field into language that individuals with a limited
science backing are able to understand.
The second session of the 109th Congress brought
a change in leadership of the House occasioned by
Tom Delay’s resignation. Dr. Horton joined
Rep. Shadegg’s (now no longer House Policy
Committee chair) personal staff to work on the Health
Care Choice Act (H.R. 2355 and S.R. 1015), which
would allow interstate commerce in health insurance
plans. Unfortunately they were only able to muster
210 votes, eight short of the magic number of 218
to ensure passage. Dr. Horton’s second article6
describes much more of the ins and outs of the political
process and the forces surrounding any particular
issue as well as some of the other more human issues.
He ends his piece with the comment that “we
are a nation closely divided on many philosophical
issues,” which makes resolution of differences
very difficult. This article, combined with a third
article that describes the turmoil in August just
before the recent elections, reflects some of the
disquiet surrounding the political process. It is
not surprising that Congress, the White House, the
Administration and the political process is presently
held in such low regard by the community as a whole.
Many feel that Congress is unable to take any action
in addressing urgent issues and is more focused
on partisan issues.
This should not, however, deter ASA and its members
from being involved. If anything participation should
be even greater now than before. Health care is
a major issue only overshadowed by the Iraq war.
Many feel that the existing system is about to undergo
significant and possibly radical change. Times of
change both represent times of great opportunity
and also great risk. We should heed Dr. Horton’s
last comment in his second report. “Physicians
also must understand the system if they have any
interest in influencing the effect of government
on their lives and their patients. The best way
for each of us to begin is by learning how the government
affects our daily lives and our practices at the
local level."5
The Committee for Governmental Affairs and ASA look
forward to receiving Dr. Lumbley’s reports,
another perspective under a different political
leadership in a changing health care environment.
For those interested in obtaining further information,
the ASA Web site (Office of Governmental and Legal
Affairs) has a synopsis of the requirements and
conditions.
References:
1. Goudine Scott. Personal communication.
2.
Horton WG. The first semester of a congressional
fellowship. ASA Newsl. 2006; 70(8):22-23.
3.
Scott M. Jack Lansdale (1912 -2003), Remembered
with awe and affection. ASA Newsl. 2003;
67(10):3-4.
4.
Bacon DR. Henry Kissinger and P4P. ASA Newsl.
2006; 70(8):1-2.
5.
Horton WG. Tuesdays at the White House: My second
semester as a congressional fellow. ASA Newsl.
2006; 70(9):19-21.
6
Horton WG. Epilogue: A time for sowing grassroots.
ASA Newsl. 2007; 71(1):24-25.
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Richard
M. Flowerdew, M.D., is an attending anesthesiologist,
Spectrum Medical Group, Portland, Maine. |
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