any
ASA members detest anything having to do with political
and legislative advocacy, feeling that it is beneath
them and illogical to need to advocate for common
sense and scientific truths. The legislative and
regulatory processes, however, have never been known
to use common sense or logic when expediency, fuzzy
math and reelections intervene. Governmental advocacy
by ASA members has never been more important because
medicine and anesthesiology are under attack. Politicians,
governmental agencies and big business are all making
decisions that impact physicians. Mid-level providers
are trying to expand into medical practice, and
third-party payers are making arbitrary cost-saving
policies. Eventually all of us must become active
in governmental affairs to survive. Will you be
proactive or reactive? Will you wait until it is
too late for your specialty and your livelihood?
Or will you become involved and contribute time
and money now?
There are members who devote enormous amounts of
time, energy and finances to ensure your ability
to continue practicing your chosen specialty. Every
member who is involved in ASA leadership, ASA governance
and on ASA committees is devoted to furthering your
specialty. The members of the Committee on Governmental
Affairs are tasked “to obtain, evaluate and
review as far as possible all matters of substance
pertaining to proposed Federal and State laws, regulations
and administrative actions that may affect the specialty
and practice of anesthesiology.” The committee
reviews information from news articles, Web sites
and member concerns. ASA staff and Committee on
Governmental Affairs members utilize the committee’s
listserve to disseminate information and discuss
issues important to anesthesiology.
This committee believes we must aggressively address:
the unfair “Medicare Anesthesiology Teaching
Rule”; discrimination by the “anesthesia
rural pass-through” law; disinformation and
misinformation of “opt-out” requirements;
regulatory and judicial mid-level provider creep
using state nursing boards and regulations to replace
education as a means to become a medical doctor;
and adverse decisions by third-party payers using
arbitrary medical necessity determinations.
ASA tried correcting many federal regulatory wrongs
by working within the Centers for Medicare &
Medicaid Services (CMS) bureaucratic system with
varying results. Therefore, two years ago, the ASA
Washington Office adopted a proactive legislative
agenda to help address these issues. The addition
of focused legislative advocacy to address regulatory
policy allows the identification and education of
supporters and opponents rather than working in
the faceless bureaucracy. It allows each of you
to have a direct impact on your legislator(s). This
paradigm shift makes it essential that anesthesiologists
make this a grassroots effort. We are only as strong
as our weakest links, and we have many within our
specialty who are not engaged and do not participate.
It only takes one legislator on one committee to
sink the whole process. Legislative activism is
a marathon, not a sprint. In the past year, we have
been close to legislatively requiring anesthesiology
academic physicians to be paid using the same methodology
as other academic physicians and rural anesthesiologists
to be treated by Medicare the same as lesser qualified
individuals. We will continue to press legislators
to pass common sense bills that address inequities
and improve patient safety and access. ASA has four
bills this year. Go online to the “What’s
New” section of the Office of Governmental
Affairs to read them. Contact your legislators and
encourage them to cosponsor and support each bill.
Anesthesiology has many friends and supporters within
the new Congress. Thanks to the many anesthesiologists
who express their views and visit their elected
representative as well as those who contribute individually
and through the ASA Political Action Committee (ASAPAC).
Your ASAPAC continues to work with members on both
sides of the aisle to advance anesthesiology’s
issues.
State opt-outs have stagnated over the past year.
Perhaps opt-outs have not increased access to care
or improved patient safety. Many state leaders have
come to realize that this issue is politically charged
and not in the best interests of their citizens.
To remove the requirement of physician supervision
of patient care seems counter to a state’s
mission and CMS’ stated goal of patient safety
and quality care. With a surgeon present, a physician’s
medical responsibility for a patient should never
be relinquished to any mid-level provider who provides
nursing and supportive care.
Recognizing the importance of state issues, the
Committee on Governmental Affairs expanded to include
a legislative representative from each component
society. Utilizing this legislative listserve, state
representatives have been able to disseminate events
and issues nationally to other members and to the
Washington Office staff for collection, comment
and response. The Washington Office serves as an
information repository on state legislation, judicial
proceedings and regulatory language on matters relating
to the provision of anesthesia and the medical practice
of anesthesiology.
Opposing judicial challenges to the medical practice
of anesthesiology may become a focus for the Committee
on Governmental Affairs and ASA as the court system
seems to be an avenue of choice for mid-level providers
trying to obtain the right to practice medicine.
ASA has entered the judicial arena, providing friend-of-the-court
briefs where appropriate, and is available to help
financially.
As third-party payers consolidate, the likelihood
of using medical necessity policies to save money
will become more prevalent. Recent decisions have
been met with aggressive ASA responses. ASA will
continue to recognize and aggressively report arbitrary
payer decisions that are contrary to patient safety
and sound medical practices.
This summer the Committee on Governmental Affairs
is going to examine its role within ASA. We will
determine how this committee can become more efficient,
more responsive and better represent your concerns
and issues nationally and in each state.
Two ongoing committee advocacy activities are the
Lansdale Public Policy Fellowship and the ASA Legislative
Conference. The Lansdale Fellowship allows an interested
anesthesiologist to spend a year as a legislative
aide or intern on Capitol Hill to participate in
the legislative process. This novel idea allows
an anesthesiologist to have input into and gain
insight from the activities of the legislative branch.
It is felt that Lansdale Fellows will be a valuable
resource for our Society. The annual ASA Legislative
Conference allows attendees to hear presentations
from national policymakers, updates on ASA governmental
advocacy efforts and visit with their legislators’
offices. This is a critical time to educate congressional
staff on the issues important to medicine and anesthesiology.
Your attendance is appreciated and welcomed.
ASA and the Committee on Governmental Affairs encourage
each of you to become actively involved, personally
and financially, to advocate for your chosen profession.
Contact any ASA officer, committee member, Washington
Office staff or your state component society officers
for information or guidance on how you can be most
effective. If you are not able or willing to be
an active participant, support colleagues who do
make the commitment to be involved and support ASA’s
membership-wide requests for action and support.
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Michael
C. Gosney, D.V.M., M.D., J.D., M.B.A., is Medical
Director, Shoals Pain Center, and President,
Anesthesia Medical Consultants, P.C., Muscle
Shoals, Alabama. He is Alternate Director for
Alabama. |
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