Established in 1844, our Journal is one of the oldest in the country. To learn more about the Journal and how to submit articles, please visit https://lsms.org/page/JLSMS.
Established 1878
DECEMBER 2022
WHAT’S INSIDE
2 ACTIONS OF THE BOARD OF GOVERNORS 3 AMA 2022 INTERIM MEETING 4 AMERICAN SOCIETY OF MEDICAL ASSOCIATION COUNSEL 4 DID YOU KNOW? EMPLOYEE RETENTION CREDIT 5 HEALTHSYNC DEVELOPMENTS 6 LAMMICO CELEBRATES 40 YEARS OF STABILITY, STRENGTH AND SERVICE 7 MEET THE DEAN:
MARK A. SANDERS, DO , EDWARD VIA COLLEGE OF OSTEOPATHIC MEDICINE (VCOM) – LOUISIANA CAMPUS 8 LSMS BOARD OF GOVERNORS CHRISTMAS PARTY 9 LEGAL UPDATE 9 APHT APPROVAL 10 NEW LSMS STAFF MEMBERS 10 CENTURY CLUB 11 PRIVATE & EMPLOYED SECTION UPDATE 12 BEYOND MEMBERSHIP!
The Louisiana State Medical Society is proud to announce that our sponsored health plan, Advantage Physicians Healthcare Trust (“APHT”), has been formally approved by the Louisiana Department of Insurance. Learn more on page 9.
ACTIONS OF THE BOARD OF GOVERNORS The Louisiana State Medical Society (LSMS) Board of Governors met on Wednesday, September 14, 2022, at the Edward Via College of Osteopathic Medicine in Monroe and again on Wednesday, December 14, 2022 at the Marriott Hotel in Baton Rouge. The bulleted points below highlight the actions taken by the board. Draft minutes are maintained in the office of the Executive Vice President until such time they are approved by the board, signed by the secretary/ treasurer, and appended to the LSMS Website. September 14, 2022 The board voted to reaffirm LSMS policy 120.01 “Healthcare coverage for all Americans” and took no action on resolution R403-22. • R406-22 Support of Evidence-based Policies and Programs to Protect Children from Gun Violence. The board voted to defer any discussion
• LSMS Private Practice Physician Section • LSMS Employed Physician Section • Voices and Faces of Medicine (LSMS/LSU Oral History Museum project) • Approved promoting Health Law Talk, a podcast series presented by the Chehardy Sherman Williams law firm, through various LSMS communications. • Approved no longer supporting the AMA Litigation center based on the types of cases the
wellness programs located throughout the state on the LSMS Website.
• Approved soliciting potential nominees from the LSMS Past Presidents Advisory Council for a future vacancy of the Physicians Foundation Board. • Directed staff to begin preliminary planning for the LSMS Private Practice and Employed Physician Sections to hold breakout meetings at the 2023 House of Delegates. • Approved sharing information related to the IRS’ Employee Tax Retention Credit program with the membership. • Approved taking no action of resolution R406-22, which was referred by the House of Delegates.
on this issue to its December meeting since the medical student representative on the board was not present at the meeting. December 14, 2022 • Approved the minutes of the LSMS Board of Governors from September 14, 2022.
funding, in part, was being used to defend. • Approved the 2021 annual audit report from LA Champagne LLC. • Approved promoting various physician
• Approved the minutes of the last two LSMS Board of Governors meetings, which were held on June 8, 2022, and August 5, 2022. • Approved the minutes of the LSMS Executive
• Reviewed unaudited financial statements for the LSMS, and its subsidiaries, through October 31, 2022. • Reviewed the 4th quarter membership report for 2022. • Reviewed and approved the 2023 recommendations of the LSMS Budget and Finance Committee, which included: • Approved the FY2023 budget with estimated revenues of $1,516,500 and projected expenses of $1,511,835. • Approved the 2023 non-deductible portion of dues related to lobbying activities at 25%. • Approved annual dues for FY2023 be set at the levels approved in August 2022 by the House of Delegates. Active and Academic - $450; Service and Part-Time - $225; Associate - $100; Retired Licensed - $90; Residents and Fellows - $50; Medical Students - $10; Retired Emeritus - $0; and Non-Medical Affiliate - $225. Additionally, dues for first and second year in practice members will be 50% and 75% of full Active Member dues. • Received updates and/or formal reports on the recent activities, including: • The Physicians Foundation • LAMPAC • Lifebridge and Vital Signs peer-to-peer wellness programs • The Louisiana Board of Pharmacy • The Louisiana State Board of Medical Examiners • Advantage Physicians Health Trust
Committee from June 14, 2022 and August 26, 2022. • Reviewed unaudited financial statements for the LSMS, and its subsidiaries, through July 31, 2022. • Reviewed the 3rd quarter membership report for 2022. • Received updates and/or formal reports on the recent activities, including: • Corporate Counseling Associates’ peer- to-peer wellness program
AMA 2022 INTERIM MEETING Last month, the Louisiana delegation to the American Medical Association participated in the 2022 Interim Meeting in beautiful Honolulu, Hawaii. Louisiana was not only represented by the official state delegates but 3 medical students from Louisiana also hold leadership positions. Hot topics at the meeting included continued discussions on healthcare equity, stopping inappropriate scope-of-practice expansions and the role of private equity in medical education.
• Ad hoc Committee on Scope of Practice • Ad hoc Committee on Medical Malpractice
• Ad hoc Committee on the Corporate Practice of Medicine • Proposed Updates to the Interstate Medical Compact • Approved future meeting dates and locations for the remainder of 2022 and all of 2023 as follows: • December 14, 2022 Baton Rouge • March 8, 2023 Baton Rouge • June 7, 2023 Baton Rouge • August 4, 2023 Baton Rouge • September 13, 2023 TBD • December 13, 2023 Baton Rouge Reviewed and discussed two resolutions from the Medical Student Section that were referred to the board by the House of Delegates. • R403-22 Expand Healthcare Access for Sex Workers Without Criminalization or Decriminalization.
L to R: Heidi Ventresca, AMA MSS Speaker of the House, Laila Koduri, AMA MSS Region 3 Delegate, William Freeman, MD, Louisiana Delegation Chair & LSMS Immediate Past President, Daniel Harper, MD, Louisiana Delegate, Justin Magrath, AMA MSS Region 3 Delegate, Kamal Brakta, MD, Louisiana Delegate
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AMERICAN SOCIETY OF MEDICAL ASSOCIATION COUNSEL Lauren Bailey, VP of Legal Affairs, attended the ASMAC Fall meeting on November 16 through the 19th where attorneys representing many of the state medical societies, specialty societies, the AMA and private firms focused on representation of physicians across the nation, discussed the following relevant topics:
HEALTHSYNC DEVELOPMENTS HealthSYNC is excited to announce that we are now connected to Franciscan Missionaries of Our Lady Health System and Ochsner Health System and expect to be connected to LCMC Health in Q1 2023. The landscape of healthcare is quickly changing in our state while simultaneously alternative/quality payment model utilization is rapidly growing. The LSMS recognizes the pressure this puts on independent physicians across the state. Utilizing the HealthSYNC Health Information Exchange, we are exploring the creation of a Clinically Integrated Network to benefit independent physicians across the state. Participation in these models could increase reimbursements by 5-10% while improving patient outcomes. Other state medical societies have started or are currently pursuing this model as well, such as the Pennsylvania Medical Society. If you would like to learn more about participation in an LSMS Clinically Integrated Network, please reach out to Jeremy Lapeyrouse: jeremy@lsms.org.
• No Surprises Act/Update • Scope of Practice • Physician Unionization • National Practitioner Databank • Payer Audits • Physician Employment Agreements
For more information on CINs:
Clinically Integrated Network (CIN) | Definitive Healthcare (definitivehc.com)
These presentations, along with several other current legal issues highlighted very important healthcare issues and trends. Recognizing that understanding physician employment agreements is imperative to you we requested and were granted permission to share the presentation with you here.
The role of CINs in securing Value-Based Contracts (healthec.com)
EMPLOYEE RETENTION CREDIT
LAMMICO DEFENSE COUNSEL SEMINAR
Members of the LSMS Executive team including Jeff Williams, CEO EVP, Lauren Bailey, VP of Legal Affairs, and Maria Bowen, VP of Governmental Affairs attended LAMMICO’s Defense Counsel Seminar on November 9th through the 11th where they were able to network with many of our partners and participate in several wonderful sessions including the following topics:
An Employee Retention Credit is a refundable payroll tax credit, the purpose of which is to provide economic relief for small and medium businesses that retained employees during the COVID-19 pandemic. Initially, eligible employers could only take either PPP or ERC. In 2021, as part of the Consolidated Appropriations Act, Congress amended this provision, allowing businesses to apply for both. If you believe you may be eligible, we strongly recommend you contact your Certified Public Accountant and inquire about such. There are reports of numerous companies nationwide aggressively qualifying employers while taking a percentage of the credit amount as payment. However, in some instances the taxpayer will be required to repay the money to IRS with interest and penalties, particularly if the taxpayer did not have a reduction in income but claimed a shutdown as qualification. For more information on eligibility: CLICK HERE
• Jury Consultation & the Juries of the Future • Shifting Litigation Landscape due to COVID-19 • Telemedicine & Virtual Care Treatment • Forensic Radiology
• MRP Trends & Impact of COVID Gross Negligence Doctrine Ms. Bailey and Ms. Bowen presented the 2022 Legislative Update.
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LAMMICO CELEBRATES 40 YEARS OF STABILITY, STRENGTH AND SERVICE
MEET THE DEAN: Mark A. Sanders, DO, Edward Via College of Osteopathic Medicine (VCOM) – Louisiana Campus
Officer of LAMMICO. “LAMMICO’s purpose is to protect those who care for others. As we celebrate our 40th anniversary, LAMMICO remains a strong and stable presence so that physicians and healthcare providers can focus on what matters most – patient care.”
2022 marks the 40th year that Metairie, Louisiana-based LAMMICO has been providing medical professional liability insurance. Forty years ago, physicians across the nation were faced with a crisis – many commercial insurance carriers were unwilling to provide medical malpractice coverage or would offer it only at exorbitant rates. In direct response to the crisis, leadership of state medical societies throughout the country founded medical professional liability mutual insurance companies to bring affordability and stability to the insurance marketplace. The leadership of the Louisiana State Medical Society (LSMS) recommended the formation of Louisiana Medical Mutual Insurance Company (LAMMICO) in August 1981. LAMMICO, a policyholder-owned and governed company, issued its first policy effective January 1, 1982. In its 40 years, LAMMICO has grown from being an idea in the minds of a progressive group of physicians in Louisiana to the Company that now insures over 8,000 physicians, nurses, healthcare professionals, hospitals and facilities in seven states. LAMMICO is committed to providing unparalleled service to its policyholders while continuing to expand its insurance products and service territories to meet the needs of the regional healthcare industry. The LSMS endorses LAMMICO as the exclusive medical professional and general liability insurance company for our members In its early years, LAMMICO had only a handful of full-time employees. Today, the Company is proud to have 120 employees, most of whom are based out of LAMMICO’s Louisiana offices with some telecommuters located in other states. LAMMICO’s commitment to its corporate social responsibility program is reflected in the support of medically-related charitable programs that serve areas where their employees live and work. The Company’s community development efforts are an extension of the enduring partnerships LAMMICO builds with its policyholders. These partnerships include support of and participation in the activities of the American Heart Association and the American Cancer Society, among others. “We are extremely honored to have been an enduring partner to the healthcare community for the past 40 years, and we look forward to serving them for decades to come,” says J. Michael Conerly, M.D., President and Chief Executive
As the Dean for Louisiana’s only osteopathic medical school, the Edward Via College of Osteopathic Medicine (VCOM) – Louisiana Campus, Mark A. Sanders, DO, JD, MPH, LLM, MS, FACOFP, is a relatively new face to the Louisiana medical community. However, his passion for helping medically underserved populations has been his personal mission for much of his career. Before being named Dean for VCOM- Louisiana, Sanders helped launch the new VCOM campus in his role as Associate Dean for Medical Education, a position he previously held at VCOM-Auburn. While serving as the Associate Dean for Medical Education, Sanders focused on ensuring that students had a smooth and rewarding educational experience. While medical school is never an easy prospect, he made it his personal goal to equip students with the tools to be successful by offering on-campus counseling and support services. These efforts were particularly evident during the 2020-2021 school year, as the inaugural class faced numerous obstacles above and beyond those all medical students face, including the global COVID-19 pandemic and multiple natural disasters. Now, as Dean, Sanders continues to support students as new challenges and opportunities arise within the life of the new campus. For Sanders, being a leader in education is an extension of his passion for learning. In addition to a Doctor of
Osteopathic Medicine degree, he also holds degrees in public health, genetics and law, specializing in elder law. Outside of his work at VCOM-Louisiana, Sanders serves as Medical Director for a hospice facility where he works with a group of nurse practitioners, nurses, social workers and clergy to provide comprehensive care and support for his patients and their families. As such, he is acutely aware of the shortage of geriatric and palliative care doctors. He hopes to mentor students to pursue that field of practice and share his passion for allowing patients to maintain their dignity and end their lives in comfort and safety. In the future, Sanders hopes to continue integrating himself into the Louisiana medical community while working to cultivate VCOM’s mission and vision right here in the Delta region. He has quickly become a familiar face in the Monroe and West Monroe communities and highly values the local partnerships that VCOM-Louisiana has established with ULM, local medical facilities and personnel, area chambers of commerce and local and state legislators. Sanders understands the value that VCOM-Louisiana brings to this area as the College strives to recruit and train future physicians, many of whom hail from rural and underserved communities right here in Louisiana, and he is enthusiastic about the improvements on the horizon for healthcare access across the state.
Photo, L to R: F. Jeff White, MD, LAMMICO Board Chair and J. Michael Conerly, MD, LAMMICO President and CEO
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LEGAL UPDATE Favorable Ruling of the Supreme Court The Louisiana Supreme Court issued a favorable ruling in the matter of Walter George and Janie George v. Progressive Waste Solutions of La, Inc and ABC Insurance Company. The issue before the court was whether the trial court erred in granting the defendant’s Motion in Limine to exclude from evidence the full amount of medical bills charged for plaintiff’s injuries based upon a medical factoring agreement in this personal injury lawsuit. The trial court’s ruling undermined the validity and enforceability of the assignment of the receivable lien by Mr. George’s medical provider impinging on the practical collectability of the medical provider’s receivable asset. The LSMS filed an amicus brief urging the court to reverse and remand this ruling. Friday afternoon the Supreme Court ruled accordingly, holding that “in the absence of any evidence that plaintiff is not liable for the full billed medical charges in this matter, defendant cannot benefit from any reduction as a result of the subject medical factoring agreement. For the reasons set forth herein, the trial court’s ruling granting the defendant’s Motion in Limine is hereby reversed and the matter is remanded for further proceedings not inconsistent with this opinion.” Click here to review the court ruling.
The Louisiana State Medical Society is proud to announce that our sponsored health plan, Advantage Physicians Healthcare Trust (“APHT”), has been formally approved by the Louisiana Department of Insurance. To meet demand and ensure a positive customer experience, we will begin a phased rollout over the coming months. Starting January 15th, APHT will launch a self-service marketing site for Employers and Brokers and begin processing applications for group coverage for current LSMS members only. • Reserve your spot in line by completing the “request a quote” form. By submitting your request, you’ll automatically be added to APHT’s mailing list for updates on the Trust’s launch. The APHT team will prioritize applications based on the order received, LSMS status, and internal capacity. (Please also note that a minimum of two full-time employees must enroll for your business to be eligible for coverage). We look forward to providing the members of the LSMS with outstanding excellent health plan options at the best prices available in the market for many years to come.
LSMS BOARD OF GOVERNORS CHRISTMAS PARTY
REQUEST A QUOTE
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NEW LSMS STAFF MEMBERS We are pleased to introduce the newest additions to the LSMS membership team, Kristen Broussard and Magan Alfred.
PRIVATE & EMPLOYED SECTION UPDATE To better serve our members and the physicians of Louisiana, the LSMS recently created two new sections to exclusively represent the diverse views and needs of both private and employed physicians. Internally, we define private practice as a MD or DO who is financially and administratively responsible for maintaining and managing their practice. Conversely, an employed physician is defined as a MD or DO who practices medicine in a setting which is controlled externally by a corporation, health system or larger entity and the physician maintains no ownership or partnership within the corporation, health system or larger entity. The LSMS’ Private Practice Physician Section and its Employed Physician Section each met twice during the 4th quarter of 2022 and thus far, each section has identified several issues for the Society to potentially address as they impact or hinder a physician’s ability to practice medicine. A summary of each section is provided below.
KRISTEN BROUSSARD Manager, Medical Group Engagement
MAGAN ALFRED Coordinator, Membership
Kristen is a graduate from UL of Lafayette with a degree in Marketing and Business. Over the past 13 years, her previous roles have given her diverse experience in sales and marketing to hospitals, physicians, orthotic & prosthetic clinics, and legal firms across the state of Louisiana. Throughout her career, her biggest accomplishment so far is being awarded Presidents Club Winner and Duraseal “Play of the Month”. Kristen’s main objective is increasing revenue and market share for respected and established organizations while always striving to help make a difference in physician and patients’ lives. In her spare time, she loves traveling, being in the gym, spending time with family and friends and watching LSU and Saints football. Kristen will be responsible for group practice retention and sales. She will work closely with Amy Tyrrell, Director of Membership in developing strategies for segmented groups and market territories. Kristen can be reached at kbroussard@lsms.org or 337.296.7878
Magan, a native of Abbeville, has been living in Baton Rouge for the last 20 plus years enjoying life with her husband, two children, and wonderful dogs. In her past role, she was point of contact for doctors, attorneys, healthcare organizations, and patients ensuring operations were running efficiently. Magan has also had the opportunity in previous roles to conduct financial audits on companies in the state of Louisiana for their insurance carriers. This gave her the opportunity to showcase her people skills during what could be an uncomfortable time for business owners. She prides herself in delivering the utmost level of customer service and unique problem solving skills. Magan now looks forward to showing what she can contribute to the Louisiana State Medical Society and its wonderful members in the great state of Louisiana. Magan will support both Kristen and Amy through her administrative and membership marketing efforts. She can be reached at malfred@lsms.org or 225.763.2310.
Private Practice Physician Section Steering Committee members include Katherine Williams, MD, Chair; Matthew Bernard, MD; Adrienne Breaux, MD; Degan Dansereau, MD; Kayla Fontenot, MD; Albert Gros, MD; Karl Hansen, MD; Adham Al Hariri, MD; Myriam Hutchinson, MD; Amberly Nunez, MD; Ralph Armstrong, MD; Terry Hemelt, MD; Elliott Scott, MD; and Devan Szczepanski, MD. • Resources on contract negotiations • Louisiana specific salary and benefit information for employees • Association group health insurance plan • 401k plan savings • Scope of practice changes • Non-compete agreements • Billing difficulties (too manual, cumbersome, staff shortages) • Difficulties recruiting and/or retaining new physicians or partners. • Managing increasing workloads and expectations • Direct Primary Care as an option • Residency Outreach (to capture new docs before they sign a contract) • “Private Practice University” website where docs get the step-by-step process to start their own thing • Create a Private Practice Network
Employed Physician Section Steering Committee members: John Bruchhaus, MD, Chair; Lauren Barfield, MD; Charlotte Hutton, MD; Ashley Ingolia, MD; Fawad Khan, MD; Myra Kleinpeter, MD; Tyler Perrin- Bellelo, MD; Chris Foret, MD; Michael Friel, MD; and Daryl Marx, MD. • Placing limitations on, or eliminating, non-compete agreements • A prep to practice primer provided to new members that focuses on the integration of activities of employed physicians • Survey the membership regarding resources may be helpful. • Reliance on the administration to adequately staff the clinic – nurses and medical assistants • Lack of autonomy to define relevant performance metrics. • Indemnifying physicians if the billing information they submitted for a patient encounter is changed by employer prior to billing the patient/insurer. • Inefficiencies and unfair utilization reviews and on-going legal consultations. If you are interested in learning more about either section or participating in future steering committee meetings, please contact Amy Tyrrell at atyrrell@lsms.org.
CENTURY CLUB: Thank you to the following Century Club members who have continued their commitment to the LSMS for the 2023 membership year. If your practice would like to be included, contact LSMS Medical Group Engagement Manager, Kristen Broussard, kbroussard@lsms.org or 337.296.7878. Azar Instruments The Woman’s Clinic Dermatology Associates of SWLA Houma Radiology Total Radiology Solutions Childrens Clinic of Southwest LA Imperial Health Access Radiology Associates – Lake Charles Lake Charles Anesthesiology New Orleans Nephrology Associates Orthopedic Specialists of LA Baldone Reima Dermatology Culicchia Neurological Clinic Acadiana Women’s Health Group Diagnostic Imaging Associates Northeast Louisiana Kidney Specialists Northlake Gastroenterology Associates The Pathology Laboratory Jefferson Radiology Associates Southern Radiology Consultants Dermatology & Skin Surgery NW LA Nephrology Affinity Health Acadiana Renal Physicians Drs. Schwartzenburg, Lafranca, Guidry & Chapman The Dermatology Clinic Metropolitan Gastroenterology Associates Gulf Coast Orthopedics Acadian ENT
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BEYOND MEMBERSHIP! Have you renewed your LSMS Membership?
MEET OUR PARTNERS
In 2022 the LSMS remained committed to supporting Louisiana Physicians through our tenants of Advocacy, Education, Communication & Collaboration, and we look forward to continuing this tradition of success in 2023. The LSMS strives to provide a membership that connects you with peers, shares best practices, provides education to help you better serve your patients, provides access to information and resources, and helps you navigate the administrative responsibilities associated with practicing medicine. The benefits of membership continue to grow and new in 2023, we are proud to offer our members medical benefits through the Advantage Physician Healthcare Trust! To continue to serve and advocate for Louisiana physicians, we need the support of engaged members like you! Renew your membership today to continue investing in your future and the future of your profession. Don’t forget – renew by December 31st to make sure you can claim a deduction on this year’s taxes. For 2022, 50% of your membership dues are tax deductible as a business expense. For more information or help renewing your membership, please contact Amy Tyrrell, Director of Membership at atyrrell@lsms.org.
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