winter 2008 wrong site surgery — a head on approach january_2008_fso.pdf · at wilmer. “we...

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The Florida Ophthalmologist - Winter 2008 - 1 At the request of the Board of Medi- cine (“BOM”), FSO President, David Cano, and General Counsel, Bruce May, met with the BOM’s Surgical Care Committee in Fort Lauderdale on August 9, 2007 to discuss ways that both organizations can work together to reduce wrong-patient, wrong-site and wrong-procedure surgical errors in Florida. Dr. Robert Cline – Chair of the Surgical Care Committee -- stated that the BOM’s goal was to reduce these types of surgical errors by more than 50% and asked for the FSO’s assistance in achieving that goal. Dr. Cline ex- plained that information gathered by the BOM showed that it was presented with an inordinate number of wrong patient surgery complaints involving ophthalmologists. Dr. Cano and Mr. May advised the BOM Surgical Care Committee that over the past 5 years the FSO had actively encouraged its members to take appropriate precautions to avoid PRESIDENT'S REPORT WINTER 2008 See Wrong Site Surgery on page 11 Wrong Site Surgery — A Head On Approach SPECIAL REPORT More articles on Wrong Site Surgery. See pages 2,3 By Steve Hull FSO Lobbyist and Public Relations Director On January 8, 2008 top leaders in vision care and treat- ment will meet in the Chambers of the Florida Senate for the second annual Vision Summit. The Florida Society of Ophthalmology will play a major part in the event. Along with serving as a Florida Vision patron sponsor for the summit, FSO president David Cano, MD will address the group. “The Vision Summit is an excellent way to bring together all aspects of the vision care spectrum in Florida so we can better understand the challenges ahead,” Dr. Cano said. The Vision Summit is a brainchild of the Vision Caucus which is made up of over 30 state senators and state repre- sentatives. The Florida Association of Agencies Serving the Blind is also making the summit possible. “I believe that participants in this important summit look to ophthalmology as a leader in developing policy for the See Vision Summit on page 11 FSO to Take Prominent Role in Vision Summit FSO Slates 2008 Annual Meeting June 20-22, 2008 The Breakers Palm Beach, Florida Reservations: 1-888-273-2537 • www.thebreakers.com Surrounded by 140 acres of breathtaking oceanfront property, this legendary hotel offers an extensive range of services and amenities for every guest. Specially de- signed activities and programs for children and families make this property a wonderful destination for all. TALLAHASSEE REPORT Wrong Site Surgery and the Board of Medicine By David B. Cano M.D. President, Florida Society of Ophthalmology I have been contacted by several out- standing ophthalmologists who have been charged with wrong site surgery. Several have faced very significant fines, required to perform community service, attain CME credits as well as giving a lecture on “wrong site surgery”. The FSO has also been approached by the Florida Board of Medicine regarding this issue and have been See President's Report on page 6 David Cano M.D.

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Page 1: WINTER 2008 Wrong Site Surgery — A Head On Approach january_2008_fso.pdf · at Wilmer. “We accept only ‘Right’ or ‘Left.’ It has to be spelled out.” Involve the Patient

The Florida Ophthalmologist - Winter 2008 - 1

At the request of the Board of Medi-cine (“BOM”), FSO President, David Cano, and General Counsel, Bruce May, met with the BOM’s Surgical Care Committee in Fort Lauderdale on August 9, 2007 to discuss ways that both organizations can work together to reduce wrong-patient, wrong-site and wrong-procedure surgical errors in Florida. Dr. Robert Cline – Chair of

the Surgical Care Committee -- stated that the BOM’s goal was to reduce these types of surgical errors by more than 50% and asked for the FSO’s assistance in achieving that goal. Dr. Cline ex-plained that information gathered by

the BOM showed that it was presented with an inordinate number of wrong patient surgery complaints involving ophthalmologists.

Dr. Cano and Mr. May advised the BOM Surgical Care Committee that over the past 5 years the FSO had actively encouraged its members to take appropriate precautions to avoid

PRESIDENT'S REPORT

WINTER 2008

See Wrong Site Surgery on page 11

Wrong Site Surgery — A Head On ApproachSPECIAL REPORT

More articles on Wrong Site Surgery. See pages 2,3

By Steve HullFSO Lobbyist and Public Relations Director

On January 8, 2008 top leaders in vision care and treat-ment will meet in the Chambers of the Florida Senate for the second annual Vision Summit.

The Florida Society of Ophthalmology will play a major part in the event. Along with serving as a Florida Vision patron sponsor for the summit, FSO president David Cano, MD will address the group.

“The Vision Summit is an excellent way to bring together all aspects of the vision care spectrum in Florida so we can better understand the challenges ahead,” Dr. Cano said.

The Vision Summit is a brainchild of the Vision Caucus which is made up of over 30 state senators and state repre-sentatives. The Florida Association of Agencies Serving the Blind is also making the summit possible.

“I believe that participants in this important summit look to ophthalmology as a leader in developing policy for the

See Vision Summit on page 11

FSO to Take Prominent Role in Vision Summit

FSO Slates 2008 Annual MeetingJune 20-22, 2008The Breakers Palm Beach, FloridaReservations: 1-888-273-2537 • www.thebreakers.com

Surrounded by 140 acres of breathtaking oceanfront property, this legendary hotel offers an extensive range of services and amenities for every guest. Specially de-signed activities and programs for children and families make this property a wonderful destination for all.

TALLAHASSEE REPORT

Wrong Site Surgery and the Board of MedicineBy David B. Cano M.D.President, Florida Society of Ophthalmology

I have been contacted by several out-standing ophthalmologists who have been charged with wrong site surgery. Several have faced very significant fines, required to perform community service, attain CME credits as well as giving a lecture on “wrong site surgery”.

The FSO has also been approached by the Florida Board of Medicine regarding this issue and have been

See President's Report on page 6

David Cano M.D.

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2 The Florida Ophthalmologist - Winter 2008

Take a Time-OutMany hospitals have instituted

time-outs in the OR. “The time-out has worked very well for us,” said Duke professor of ophthalmology Dr. Paul Lee. “The patient’s identity is con-firmed, the surgical site is checked, the proper marking is verified, the type of procedure itself is double-checked and the consent forms are reviewed. With the entire team involved, it takes less than 30 seconds.”

Dr. Robert Rosenthal , of the New York Eye and Ear Infirmary has noted, “The time-out is really the last barrier to making a mistake, where everyone in the OR stops before any substan-tive part of the procedure occurs. But unfortunately, not everyone takes it seriously, including some doctors. It’s very important that somebody in the team initiates it. Someone has to say, ‘We have to have a time-out now.’ If a time-out doesn’t occur in the OR, it’s everyone’s fault.”

SPECIAL REPORT

Wrong-site surgery may be un-common in ophthalmology, but as J. Robert Rosenthal, MD, said, “If there’s one wrong-site surgery, that’s one too many.” When the Academy issued its Patient Safety Bulletin on the topic, it acknowledged that these errors occur “on a rare basis” in ophthalmology, but also noted that “the consequences could be visually devastating, and thus, measures should be taken to eliminate” their possibility.

New Protocol for AllWith agreement that wrong-site

surgery is 100 percent preventable, hospitals are taking a major step this year toward eliminating the problem via implementing a new universal protocol that is designed to standardize presurgical procedures to ensure the correct surgical site.

The protocol, created by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), has been endorsed by the American Academy of Ophthalmology and more than 40 other major professional societ-ies. Starting July 1, all Joint Commis-sion–accredited hospitals, ambulatory care surgery centers and office-based surgery sites will have to comply.

Here are some concepts included in the agreed upon protocol, a full copy of which is provided on page 3.

Check and RecheckConfirming the operative eye should

start at the earliest possible point, be-ginning in the doctor’s office when the original paperwork is prepared, and it should continue until the moment of surgery.

When the surgical team discusses the impending operation, it’s important to use the term “correct eye” or “op-

erative eye,” rather than “right eye,” to minimize any confusion. “On the informed consent forms, we also don’t accept abbreviations, such as R or L, or OD or OS,” said an operating official at Wilmer. “We accept only ‘Right’ or ‘Left.’ It has to be spelled out.”

Involve the PatientMany institutions engage the patient

(or, when appropriate, the family) in confirming the operative eye and surgi-cal procedure, and comparing his or her responses with the doctor’s orders, the consent form and other documents.

Just prior to the incision, the surgeon must review the informed consent form and the patient’s ophthalmic history and exam to confirm the operative eye a final time. In many surgical centers, most standardized pre- and post0op orders and informed consents are pre-printed in order to avoid any mix-up attributed to illegible handwriting.

Cutting the RiskA Look at Wrong Site Surgery

Excerpts from Eye Net Magazine. Reprinted with permission.

"Confirming the operative eye should start at the earliest possible point, beginning in the doctor’s office ... and should continue

until the moment of surgery."

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The Florida Ophthalmologist - Winter 2008 - 3

Universal Protocol For Preventing Wrong Site, Wrong Procedure, Wrong Person Surgery™

Wrong site, wrong procedure, wrong person surgery can be prevented. This universal protocol is intended to achieve that goal. It is based on the consensus of experts from the relevant clinical specialties and professional disciplines and is endorsed by more than 40 professional medical associations and organizations.

In developing this protocol, consensus was reached on the following principles: Wrong site, wrong procedure, wrong person surgery can and must be prevented.

A robust approach—using multiple, complementary strategies—is necessary to achieve the goal of eliminating wrong site, wrong procedure, wrong person surgery.

Active involvement and effective communication among all members of the surgical team is important for success.

To the extent possible, the patient (or legally designated representative) should be involved in the process.

Consistent implementation of a standardized approach using a universal, consensus-basedprotocol will be most effective.

The protocol should be flexible enough to allow for implementation with appropriate adaptation when required to meet specific patient needs.

A requirement for site marking should focus on cases involving right/left distinction, multiple structures (fingers, toes), or levels (spine).

The universal protocol should be applicable or adaptable to all operative and other invasive procedures that expose patients to harm, including procedures done in settings other than the operating room.

In concert with these principles, the following steps, taken together, comprise the Universal Protocol for eliminating wrong site, wrong procedure, wrong person surgery:

Pre-operative verification processo Purpose: To ensure that all of the relevant documents and studies are available prior to

the start of the procedure and that they have been reviewed and are consistent with each other and with the patient’s expectations and with the team’s understanding of the intended patient, procedure, site and, as applicable, any implants. Missing information or discrepancies must be addressed before starting the procedure.

o Process: An ongoing process of information gathering and verification, beginning with the determination to do the procedure, continuing through all settings and interventions involved in the preoperative preparation of the patient, up to and including the “time out” just before the start of the procedure.

Marking the operative siteo Purpose: To identify unambiguously the intended site of incision or insertion.o Process: For procedures involving right/left distinction, multiple structures (such as

fingers and toes), or multiple levels (as in spinal procedures), the intended site must be marked such that the mark will be visible after the patient has been prepped and draped.

“Time out” immediately before starting the procedureo Purpose: To conduct a final verification of the correct patient, procedure, site and, as

applicable, implants.o Process: Active communication among all members of the surgical/procedure team,

consistently initiated by a designated member of the team, conducted in a “fail-safe”mode, i.e., the procedure is not started until any questions or concerns are resolved.

© Copyright 2003Source: AAO

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4 The Florida Ophthalmologist - Winter 2008

MANAGING YOUR PRACTICE

Frequently, physicians assume that when an otherwise medically defensible claim is settled, economy was the reason. Before making that assumption, consider that First Professionals Insurance Company (First Professionals) does not make economical settlements in non-meritorious cases merely to avoid the cost of a defense. Moreover, from a purely economic standpoint, the average malpractice settlement far exceeds the average cost of a defense. The fact of the matter is that there are a number of reasons why settlements are made, and sometimes necessitated, in claims which the care and treatment is perfectly acceptable.

Often the reason necessitating settlement can be traced to inadequate risk management practices that facilitate claims and undermine defensibility. Other factors that explain why medically defensible claims get settled include:• Inadequate coverage. This is best illustrated when dam-

ages exceed policy coverage limits. Can the physician afford the risk of personal financial exposure?

• Factual discrepancies. Issues of law are decided by the judge; however, issues of fact are determined by a jury.

Why Medically Defensible Claims Get Settledby Cliff Rapp, LHRM, First Professionals Vice President Risk Management

Consequently, the composition of the jury is tantamount to prevailing on questions of fact.

• Documentation. Does evidence in the form of medical records support the defense?

• A defendant’s witness potential. Essentially, will the jury like the doctor?

• A plaintiff’s witness potential. Is the non-physician jury more likely to identify with the patient than the doctor under the circumstances?

• Supportive testimony. Will prior and subsequent treating physicians support the defense or inure to the plain-tiff?

• Sympathy factors. Will the nature and extent of the plaintiff’s injury overwhelm the jury?

• Case venue. What is the bias of the county towards de-fendants and in particular, physicians?

• Plaintiff attorney. What is the caliber of opposing coun-

See Medical Claims on page 5

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The Florida Ophthalmologist - Winter 2008 - 5

Contact: Bob Baratta, M.D. 2100 S.E. OCEAN BLVD SUITE 102 STUART, FLORIDA 34996

866-475-4100 www.ascenthealthcareadvisors.com

Management Development Investment

We are a doctor-friendly ambulatory healthcare services company that develops, manages, consults to and invests in ASC’s primarily in Florida.

We are an FSO-Ophthalmologist led company that offers a balance of deep healthcare experience and maturity with the talent and energy of youth.

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sel? Has the attorney achieved good courtroom results in similar cases?

• Applicable case law. What influence will applicable case law or previous court rulings have upon the defenses raised?

• Punitive damages. What is the likelihood of punitive damages being awarded?

• Claim Experience. Does the physician have a history of claims? Can the history be used against the physician?

• Unfavorable rulings. Has the judge ruled unfavorably for the defense during discovery of the case? How likely will subsequent rulings during trial favor the plaintiff’s case?

• Publicity factors. Will a trial result in detrimental public-ity or media coverage?

• Impact of an adverse verdict. What impact will an adverse verdict have upon the doctor’s future ability to practice medicine?

Information in this article does not establish a standard of care, nor is it a substitute for legal advice. The information and suggestions contained here are generalized and may not apply to all practice situations. First Professionals recom-

MEDICAL CLAIMS continued from page 4

mends you obtain legal advice from a qualified attorney for a more specific application to your practice. This information should be used as a reference guide only. First Professionals Insurance Company is Florida’s Physi-cians Insurance CompanySM and the endorsed carrier for professional liability insurance.

COMMUNITY SERVICES

How do I get this new license tag?Take your current tag to your local tag agency and

purchase the new tag.

Do I have to wait until my tag’s annual renewal?

No. In fact, you will get a credit for all unused time on your current tag.

How much does it cost?The normal license plate fees apply, plus $25 which

benefits blind & visually impaired Floridians.

Who gets the $25 and how does it benefit the blind?

The Florida Association of Agencies Serving the Blind, a statewide nonprofit organization, receives the $25. The money is used for hands-on “direct support services” to blind and visually impaired Floridians throughout the state.• Conklin Centers for the Blind • Lighthouse of Broward County • Florida Center for the Blind

Don't Forget to Purchase Vision Plates

• Lighthouse of Manasota • Florida Institute of Rehabilitation Education • Lighthouse of Pinellas • Independence for the Blind of West Florida • Miami Lighthouse for the Blind & Visually Impaired • Independent Living for Adult Blind • Tampa Lighthouse for the Blind • Lighthouse Central Florida • Visually Impaired Persons Center • Lighthouse for the Visually Impaired and Blind • Visually Impaired Persons of Charlotte County

Florida Association of Agencies Serving the Blind, Inc.

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6 The Florida Ophthalmologist - Winter 2008

PRESIDENT'S COLUMNBy David B. Cano M.D.President, Florida Society of Ophthalmology

Since my last column, several significant issues have arisen that I thought would be of immediate interest to FSO members. Here they are:

I’m pleased to report that the FSO will be participating in the 2nd an-nual Vision Summit in Tallahas-

see. I have been invited to speak on behalf of ophthalmology in Florida. The Summit to be held in the Florida Senate is sponsored by the Florida Association of Agencies Serving the Blind along with many leaders in eye

care in Florida and will give us the op-portunity to speak before our State’s government leadership. I am keenly aware of the needs of these organiza-tions as I currently sit on the Board of the Lighthouse for the Blind of the Palm Beaches and I have seen them sink into financial problems that have only recently been resolved with the help

of organizations like Goodwill in our area. These low vision centers need our support both financially as well as increasing the general awareness of their need in our community to help this segment of the population with limited vision as well as resources.

UPCOMING VISION SUMMIT IN TALLAHASSEE NEXT MONTH

told plainly that the board is concerned that we have one of the largest occurrences of “wrong site” surgery in the State compared with any other specialty. In fact, recently ophthalmology alone was implicated in 4 out of 9 of such cases that the Board had to review in Florida.

Straight Talk From the Board of Medicine

This past August I along with the FSO’s legal counsel attended a meeting of the medical board’s surgical care committee to listen to the Boards concern and to share our thoughts regarding the wrong site surgery matter. We tried to make it clear that most patients that are involved in such ophthalmic cases more often than not have little or no harm done as a result of these errors and that they can be resolved with glasses, contacts or a lens exchange.

The Board of Medicine was very clear that it is most interested in how we can prevent such occurrences in the future. We have told the Board that the FSO is working on guidelines to help prevent our physicians from doing this in the future.

Errors can be PreventedMedical errors like these can be prevented with more

vigilance by the surgeon before and during the surgery. A recent study of ophthalmic surgical errors demonstrated that the conscientious application the Universal Protocol created by the Joint Commission on Accreditation of Healthcare Organizations (i.e., preoperative verification, marking of surgical sites and pausing before starting the procedure) would have prevented 85% of the mistakes observed in this study.*

Simple precautions that include crosschecking every aspect of the surgery before the surgery is the key to pre-venting such medical errors.

In my own practice, the proper universal protocol is per-formed with a “time-out” and a confirmation by the entire O.R. team and the patient. In addition to this I have an “Eye Record” sheet that I have posted to the surgical microscope that has all the pertinent information that I need for each patient and is visible to me during the procedure.

This form is reviewed by me the day prior to the surgery and is signed by me to confirm that it was reviewed and completed from the information in the patient’s chart.

The developed IOL to be used is confirmed by me in this manner before it is prepared for the case. In fact, I look at the IOL box to see that not only is it the correct power, but also the correct type of IOL. In this way I have the information on the IOL, the patient’s name, the eye to be operated on, as well as a host of other important information that allows me to be prepared for each case (i.e., dilated pupil size, Flomax use, IOL alternatives, LRI details, etc.) At the end of the case, I place the IOL manufacturer’s label directly on this sheet so that it will not be confused or used with the second eye in the future. These are only some things that I have done to help prevent such mishaps in my own practice. Many use similar techniques I have learned to help prevent these occurrences.

As a service to our members we are presenting in this edition of the Florida Ophthalmologist several articles on wrong site surgery including the national protocol on the matter. We would also like your input regarding this present issue, so please contact us with your thoughts and suggestions.

Continued from page 1

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The Florida Ophthalmologist - Winter 2008 - 7

A FINAL NOTE: The Holiday Season makes us reflect on all of our blessings and on how we can share or blessings in the future. Stop and think how lucky you are to have one of the strongest State Ophthalmology Society's working for you everyday here in Florida helping protect your practice of the fine medical subspecialty that you are privileged to call your own. Now think about how you can work with the FSO, other EyeMD organizations and your colleagues to make a difference for the protection of your profession.

Since my last column, several significant issues have arisen that I thought would be of immediate interest to FSO members. Here they are:

Taking care of indigents who need eye care should be a concern for us all.

What we need is more involvement from the community including the services of universities. The lack of University eye centers from providing such care in certain regions can be part of the problem, but things may change with community involvement from won-derful members like other members of the ophthalmic team.

Organizations such as the AAO foundation Eye Care America and local organizations like the Caridad Center in Palm Beach County are helping pave the way to help-ing with the burden of indigent care. Dr. Louis Feldgoise left retirement to help champion care for the migrant workers with the new Eye Clinic he has started at the Caridad Center in Boynton Beach. He was recognized for his effort by the Palm Beach County Ophthalmology Society (PBCOS) which awarded his their “Ophthalmolo-gist of the Year” Award last month. Dr. Fledgoise is still working on getting this organization to full speed. He is working to enlist ophthalmic volunteers, ophthalmic equipment, and transportation for patients. By working with the county’s health department, a form of sover-eign immunity has been made available to those who volunteer their services pro bono. Local organizations like the PBCOS and larger organizations like the FSO and AAO can help promote and facilitate this work.

One dynamic group doing this work in our own back yard is the newly formed Florida Chapter of the American Society of Ophthalmic Registered Nurses or ASORN. ASORN is a professional association of ophthalmic nurses dedicated to fostering excellence in ophthalmic patient care while supporting the ophthal-mic team through individual development. This society functions to educate and certify ophthalmic nurses to the highest standards as well as so much more.

We are excited to hear about the much needed work of these organizations. Please share with the FSO your stories about your efforts to provide care to the indigent population in your region of Florida, so that we can let others eye care providers in Florida know where these needs are (or are not) being met. Working with organi-zations like the newly formed ASORN, your regional ophthalmology organizations, the FSO and the AAO will help make a difference if we all work together towards this goal.

CARE OF INDIGENTS ON THE LOCAL LEVEL IMPORTANCE OF FSO AND

REGIONAL MEMBERSHIP

One thing that is clear from my meetings with the academy, regional EyeMD groups and my fel-low ophthalmologists is that the FSO is the most

important medical group that a Florida ophthalmologist can join---and not belonging may not only affect you, but all EyeMDs in Florida and the USA.

Yes, this is a bold statement, but why is the FSO the most important organization that you can join as a Florida ophthalmologist? Florida is a bellwether state in America and the FSO makes a difference in your abil-ity to practice ophthalmology the way you need to by protecting various aspects directly affecting you through legislative issues regarding the surgical scope of practice in Florida; involvement in your local reimbursement through CMS; and dealing with the Board of Medicine on your behalf.

Where to Spend Your MoneyThis is especially true for our young ophthalmologists

whom we must convince that we are more important than a new HD TV, iphone or a $4 latte! Let them know that it is “OK” to join because the FSO really works for and cares about their future and therefore is worth joining. We really make a difference in Florida. Consider join-ing our leadership, we need your input. Make an effort to have new (and old) ophthalmologists in your area, academics, residents and fellows join us, because at the end of the day, you are helping yourself and your profes-sion. Anytime I am introduced to an ophthalmologist or an “Eye MD-to-be”, I ask if they are a member of FSO. If not, I ask to join and give them the website address. Don’t cheat yourself or your colleagues - join today at www.MDEye.org!

REMINDER: Get ready for the upcoming FSO An-nual Meeting at the Breakers in Palm Beach June 20 - 22 with an unbeatable $190 room rate for this fantastic legendary venue.

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8 The Florida Ophthalmologist - Winter 2008

CME Requirements For Florida MD License Renewal

LICENSING

Physicians renewing their license for the second or sub-sequent time must complete the following CME require-ments:• 38 CME credits on any topic AND • 2-credits of Prevention of Medical Errors

Note: CME must be completed between February 1, 2006 and January 31, 2008 (current licensing term).

All physicians must complete 2-credits of Domestic Violence every three licensure terms (or every six years):• MDs whose license expires January 31, 2008 must com-

plete 2-credits of Domestic Violence before their license expires January 31, 2012.

• MDs whose license was renewed by January 31, 2007 must complete 2-credits of Domestic Violence before their license expires January 31, 2011.

Physicians renewing their license for the first time must complete the following CME requirements: • 1-credit in HIV/AIDS AND • 2-credits of Prevention of Medical Errors

Note: Physicians renewing their license for the first time are exempt from the 40-credit requirement and must complete only the two courses listed in this article.

For options... Doctors trust us.

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The Florida Society of Ophthalmology and Comp Options are pleased to announce that FSO members can now receive money back on your worker’s comp premium with a potential dividend of 24.8%. Comp Options has returned a dividend for ten straight years, with over $2.2 million over the past five years to Florida medical societies.

Have you taken advantage of this great program like many of your fellow FSO members have? For more information on this FSO endorsed worker’s compensation insurance program through Comp Options, contact Tom Murphy at 800.966.2120.

FSO ENDORSED WORKERS COMPENSATION PROGRAM

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Winter 2008 - Page 9

LEGISLATIVE REPORT

In the world of eye care, vigilance is essential. There’s no better example of this than some recent news on the national level concerning optometrists attempts to backdoor their way to ex-panded scope of practice.

On several occasions in the past decade, Florida optometrists have at-tempted through legislative fiat to gain surgical and hospital privileges and the right to prescribe systemic drugs. All attempts have failed because of the hard work of FSO members and FSO staff

Now in the past few months optom-etrists have done the following:• Received support from over 35

cosponsors in the US House of Representatives for legislation (HR 1983) that would require Medicaid coverage of “medical and surgical services furnished by an optom-

Surgery performed by non-surgeons? ODs plot strategy with Medicare and Medicaid

By Steve HullFSO Lobbyist and Public Relations Director

etrist to the extent such services may be performed under state law.”

• And in Georgia, optometrists con-vinced Medicare representatives to allow optometrists to bill for procedure codes on several activi-ties in which the optometrists don’t have the authority to carry out. It is likely that the optometrists will try to do the same in Florida.

So why are the optometrists trying to take a more indirect attack to gain surgi-cal and systemic drug privileges The answer is simple---Optometrists want to be surgeons without being trained to be surgeons. They want to be inter-nal medicine doctors without medical school, internship or residency.

According to medical sources in Washington, optometrists are trying to sneak there way into Medicare and Medicaid activities as a “tactic to boost their efforts at the state level to expand their licensure to include surgical pro-cedures by placing the term ‘surgery’ in a national program’s description of

"Optometrists want to be surgeons without being trained to be surgeons. They want to be internal medicine doctors without medical school, internship or residency."

their services.”Therefore, it’s im-

portant that Florida EyeMDs remain vigi-lant when it comes to dealing with op-tometrists. Many of the rank and file optometrists prob-ably know they have no right to prescribe oral medications or perform surgery.

But national optometry is committed to do whatever it takes to have states allow surgery for non-surgically trained optometrist.

What can you do as an ophthalmolo-gist in Florida to stop the destruction of your profession by ODs: Take part in the political process; get to know your state and federal legislators and contribute annually to the ophthalmol-ogy PAC.

Florida's EyeMDs must remain vigilant on the local level

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10 The Florida Ophthalmologist - Winter 2008

"The new fee schedule would also implement a more than 10 percent reduction in physician payments, as mandated under

the sustainable growth rate (SGR).

The 2008 Medicare Physician Fee Schedule issued by the Center for Medicare and Medicaid Services (CMS) recently means an increase in payments for ophthalmology of $154 million, or approximately 2 percent over existing payments. However, the increase could be more than offset by a 10.1 percent reduction in payments under the flawed sustainable growth rate (SGR) formula unless Congress intervenes to stop the cuts.

“Convincing the AMA RUC committee and CMS about the importance of increased eye visit code payments is the result of two years of hard work that has paid off in the new rule. These increased payments more accurately reflect the value of the services provided by physicians,” said Michael X. Repka, MD, secretary for federal affairs for the American Academy of Ophthalmology. “Our focus now is on trying to convince Congress to prevent the across-the-board cuts that we are facing from the SGR formula and implement a minimum two-year positive update.”

Among the considerations that the CMS used to deter-mine the new payments was a recommendation from the Relative-Value Update Committee (RUC) of the American Medical Association (AMA) to adjust payments for eye visit codes to reflect increases instituted in 2007 for evaluation and management services.

However, the new fee schedule would also implement a more than 10 percent reduction in physician payments, as mandated under the sustainable growth rate (SGR). SGR links Medicare reimbursement payments to the nation’s gross domestic product, which bears little correlation to the cost that physicians face in providing patient care.

The Academy is working with the AMA and other groups to press Congress to prevent the cuts from being implemented and to pass a positive rate update for a minimum of two years. The two-year update gives physicians some stability and would allow Congress time to develop a long-term solution that corrects the problems created by SGR.

Ophthalmologists are also facing another payment de-crease, as CMS continues to phase in new data on practice expenses. As a result, ophthalmologists face another 1 per-cent decrease in 2008. The Academy has called upon CMS to update the data for all specialties in the same manner and is working with the AMA to develop a new medicine-wide survey, which is expected to improve future payments to ophthalmology.

In addition to the increase for eye visit codes and the impending cuts, the new fee schedule also implements a number of other changes of importance to ophthalmologists. These include:• As part of the Physician Quality Reporting Initiative, CMS

will provide an approximate 1.5 percent bonus for physi-cians who voluntarily report on quality measures during calendar 2008.

Congress Approves Six Month Delay in Medicare Payment Cuts

CODING ISSUES

• CMS has approved five new retina codes. The codes replace or modify several existing codes.

The American Academy of Ophthalmology is the voice for ophthalmologists and their patients in Washington D.C., and is the world’s largest organization of eye physicians and surgeons, with more than 27,000 members.

http://www.aao.org

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The Florida Ophthalmologist - Winter 2008 - 11

wrong-patient, wrong-procedure, and wrong-site surgical errors. Dr. Cano and Mr. May also explained that FSO had worked with the BOM in the past to reduce these type of surgical errors. They pointed out that FSO representatives had participated with the BOM in the promulgation of the “Time Out/Surgical Pause” amendment to the Surgical Care Rule, which was adopted in 2004 and was designed to reduce wrong-site/ patient surgical errors. Dr. Cano committed that the FSO would continue to work with the BOM to reduce these types of surgical errors in the future. Dr. Cano and Mr. May outlined several possibilities where the BOM and FSO could work together in this regard, including:

• Having BOM representatives speak at the annual meet-ing;

• Developing guidelines or potential rules that could further reduce the occurrence of these surgical errors; and

• Better education of ambulatory surgical centers to explain what does (and does not) constitute wrong-site, wrong-patient medical errors.

Our organization will continue to update our members of this important effort.Article provided by FSO Legal Counsel Bruce May, Hol-land and Knight

WRONG SITE SURGERY continued from page 1

treatment of eye disease, low vision and blindness,” Cano said. “This summit is a great example of how the FSO serves as an advocate for both ophthalmology and patients--- all who demand the best eye care possible.”

Here are some agenda highlights of the summit:• The cost & incidence of Vision loss

in America

• Florida’s Visually Impaired Popula-tion

• Panel Discussion: Making Florida Accessible for the Visually Im-paired

• The Role of the Division of Blind Services

• Blind babies & Incidence of Vision Loss in Children and the Role of the Dept. of Health

• Educating Florida’s Visually Im-paired Children (Pre-K- 12)

• Incidence of Vision Loss in Elder Floridians & the Role of the Dept. of Elder Affairs

• Advances in Low Vision Care, Re-search & Clinical Procedures (Dr. Eduardo Alfonso, MD, Chairman, Bascom Palmer Eye Institute)

VISION SUMMIT continued from page 1

The Florida Ophthalmolgist is a regular publication of the Florida Society of Ophthalmolgy.Steve Hull, Editor - [email protected]

The FSO provides this Newsletter as a benefit to its members and the public and to further its educational mission.• The FSO, any Newsletter contributors and their affiliates do not make any warranties, as to the accuracy, adequacy or completeness of any material presented herein. The FSO and its Newsletter contributors are not liable to anyone for any: a) errors, inaccuracies, omissions contained herein or b) damages or injury to person or property from any use of ideas contained herein.• The information set forth herein is not intended to replace consultation with an ophthalmologist. Furthermore, the FSO cannot answer • Unless specifically stated otherwise, the opinions expressed and statements made by various authors in this Newsletter reflect the author’s observations and do not imply endorsement by the FSO.• Except as specifically noted herein, the FSO does not endorse any of the products or companies mentioned in this Newsletter.

In Remembrance of Dr. Reginald J. Stambaugh

FSO mourns the passing of one of its most accomplished members Reginald J. Stambaugh, a general ophthalmologist and community philanthropist in Palm Beach County.

“Dr. Stambaugh played an important role in the FSO, AAO, OMIC and PBCOS. It is with great sadness to hear of the loss of this great physician who faithfully served the needs of ophthalmology in South Florida,” commented FSO President Dr. David Cano.

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12 The Florida Ophthalmologist - Winter 2008

Florida Society of Ophthalmology6816 Southpoint ParkwayBuilding 1000Jacksonville, FL 32216

PRSRT. STDU.S. POSTAGE

PAIDTALLAHASSEE, FL

PERMIT # 109292 N. Magnolia Drive(850) 224-8310

Make FSO Website Your Homepage

WEBSITE

Here’s a suggestion for the New Year: Make the FSO web site your home page. It’s easy to do and will provide you with an opportunity to get the latest state and national information on news and trends in the profession of ophthalmology.

The FSO website— mdeye.org serves as a way to promote members of the FSO to the gen-eral public. Any one looking to find an ophthalmologist can go to our web site and instantly find an FSO ophthalmologist in their area. You can also find out what the latest member benefits are and regular updates on activities in the Florida Legislature that effect your practice every day. So why don’t you start out the New Year with a new home page?

Here’s how you can do it: From your web browser menu go into “tools”. From there go down to “Internet Options” and make sure you are in the “General” tab. The first option is “Home Page". Type in the address for the FSO web site: http://www.mdeye.org