VOL. 40 NO. 4
JULY/AUGUST 2019 USA $1.95
A PUBLICATION OF THE METRO OMAHA MEDICAL SOCIETY • OMAHAMEDICAL.COM
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Physicians Bulletin • July/August 2019 3 Boys Town Pediatric Neuroscience
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FEATURES 24 24 COLLABORATIVE EFFORT 15 NMA MESSAGE ADDRESSING MATERNAL Prioritizing Member MORTALITY RATES Engagement, Communication 26 SPREAD THE WORD: 17 RISK MANAGEMENT MOMS’ PODCASTS TOUCH ON Considerations for Law TRENDING MEDICAL TOPICS Enforcement Interactions 28 PDMP DATA SHARING: 19 YOUNG PHYSICIAN 26 NEBRASKA JOINS THE CROWD Defining an Early Career Physician 30 PHYSICIAN-PILOTS 21 LEGAL COLUMN RESPONDED WHEN Responding to Family Members’ DISASTER STRUCK Requests for a Deceased Patient’s Medical Records
30 DEPARTMENTS FINANCIAL COLUMN 23 Plan Now for a Cash Influx 9 COMING EVENTS 33 MOMS EVENT RECAP 11 EDITOR’S DESK The Many Faces of MOMS 34 MEMBER NEWS Membership 35 NEW MEMBERS 12 MEDICAL MUSINGS 36 CAMPUS & HEALTH 13 MOMS LEADERSHIP SYSTEMS UPDATES Thank You to Those Who Inspire
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VOLUME 40, NUMBER 4 A PUBLICATION OF THE
METRO OMAHA MEDICAL SOCIETY 7906 Davenport St. | Omaha, NE 68114 (402) 393-1415 | www.omahamedical.com
OFFICERS President | Lindsay Northam, M.D. President-Elect | John Peters, M.D. Secretary-Treasurer | Travis Teetor, M.D. Past President | Laurel Prestridge, M.D. Executive Director | Carol Wang
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Physicians Bulletin is published bi-monthly by Omaha Magazine, LTD, P.O. Box 461208, Omaha NE 68046-1208. © 2015. No whole JOIN US AS WE DIG DEEP INTO HIPAA LAW AND HOW IT or part of contents herein may be reproduced without prior APPLIES TO YOUR OFFICE ON A DAY-TO-DAY BASIS! permission of Omaha Magazine or the Metro Omaha Medical Society, excepting individually copyrighted articles and photo- Earn 2 Ethics CEU’s While you update your HIPAA Knowledge Base graphs. Unsolicited manuscripts are accepted, however, no re- sponsibility will be assumed for such solicitations. Omaha Maga- zine and the Metro Omaha Medical Society in no way endorse discoveringhipaa.com any opinions or statements in this publication except those ac- curately reflecting official MOMS actions. Steps Minutes Life Changed Forever
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3/2017 Physicians Bulletin • July/August 2019 COMING EVENTS 9 Coming EVENTS
PLEASE REGISTER FOR EVENTS ONLINE AT OMAHAMEDICAL.COM/EVENTS OR CALL THE MOMS OFFICE AT (402) 393-1415
AUG RETIRED PHYSICIANS AUG EARLY CAREER PHYSICIAN 07 27 WEDNESDAY, AUG. 7 | 10:00 A.M. HAPPY HOUR METRO OMAHA MEDICAL SOCIETY BOARDROOM TUESDAY, AUG. 27 | 5:30 - 8:30 P.M. 7906 DAVENPORT ST. RAILCAR MODERN AMERICAN KITCHEN Robert Devin, M.D. will present “An Update on 1814 N. 144TH ST. Omaha-area Emergency Services and Facilities.” Come network with your fellow early career physicians! Appetizers and first drink on us! AUG POLICYMAKER & PHYSICIAN 16 MEET & GREET RECEPTION SEPT NMA ANNUAL MEETING & FRIDAY, AUG. 16 | 6:00 - 8:30 P.M. 06 HOUSE OF DELEGATES MIDTOWN CROSSING CLUB ROOM FRIDAY, SEPT. 6 200 S. 31ST AVE. - NINTH FLOOR EMBASSY SUITES HOTEL - LINCOLN, NE (SOUTH ENTRANCE NEXT TO PRAIRIE LIFE) 1040 P ST., LINCOLN, NE 68508 A unique opportunity for Nebraska lawmakers and Visit nebmed.org for complete details. candidates to meet with our member physicians to explore the rapidly changing health care environment and its impact on the health of our community. OCT WOMEN IN MEDICINE: 16 AXE THROWING AUG WEDNESDAY, OCT. 16 | 5:30 - 8:30 P.M. 19-22 COMMUNITY INTERNSHIP SHADOWING MONDAY - THURSDAY, AUG. 19-22 FLYING TIMBER - 1507 FARNAM ST. BANQUET THURSDAY EVENING, AUG. 22
Physicians Bulletin • July/August 2019 EDITOR’S DESK 11
Using web-based cameras, we watched Improvement Collaborative, is working THE MANY as the river began to rise, fluctuating by to improve care of Nebraska mothers and as much as 6 feet over a 20-minute period. babies. While the team consists of phy- FACES OF MOMS The river eventually flowed across the sicians from many hospital systems, the road that separated our cabin from the Physicians Bulletin would like to share MEMBERSHIP Platte River, stopping within inches of some words from one of our members, our garage. We watched via our webcam Dr. Bonebrake. I think it is important for as the road maintenance people, along these statewide collaboratives to occur to with a group of home owner volunteers, improve care for all people who live in the arrived and worked to keep the Platte State of Nebraska, and I am pleased that from destroying our lake community. The one of our members has agreed to tell the effort included 140 loads of aggregate, a story of this collaborative. road grader, a bulldozer and countless hours of volunteers, sometimes risking In addition, we are sharing information their own safety to save our lake commu- about the work the administrative team at AUDREY PAULMAN, M.D. nity and our cabin. Metro Omaha Medical Society has done Editor to provide educational materials in an Physicians Bulletin My story has a good ending. With time, up-to-date format. Podcasts are educa- hat do flying doctors, people the river went down. While there were tional materials that can be delivered dur- W caring for babies and their mothers, cabins with damage, the lake community, ing a morning or evening commute, and podcasts and prescription drug monitor- including our cabin, was saved. We had the information is provided by members ing have in common? an outstanding outcome—no lives lost, of MOMS, so those who listen to the no injuries, and no catastrophic prop- podcasts may get to know some of the The cover story for this edition of the erty loss. Individuals came together and local experts. To learn more about the Physicians Bulletin is about the Fremont worked as a team. People I don’t know new Health 101 podcast series, see the flood. While Nebraska experienced put themselves in harm’s way to keep the feature article on page 26 of this issue. flooding earlier this year that has been flooding from destroying my home. It was described as historical, for me, the flood- overwhelming. And, finally, as a state, we are address- ing was much more personal. My family ing the opioid crisis. For those of us has owned a cabin along the Platte River The floods came so quickly that people practicing in Omaha, we have been for nearly 25 years. Each year, we wait for did not have time to evacuate. Friends of unable to share prescription drug infor- the spring thaw, when ice clears out of the mine were trapped in Omaha, while their mation to and from the state of Iowa. This Platte River. We had heard that the ice was children were trapped in Fremont. Individ- will change in a few months, a change that unusually thick this last winter, and so we uals came together and worked as a team MOMS wants you to know about, and so were anticipating the risk of flooding, but to help. People were told to just “show up” we interviewed an expert in the change. we were not prepared for the degree of at the airport in Fremont and they would flooding that followed. be placed on one of the flights. Supplies And so, what do flying doctors, caring were flown into Fremont, and people were for babies and their mothers, podcasts, We watched the forecasts as the flood- shuttled in and out of the city. and prescription drug monitoring have ing was predicted, changing from an advi- in common? They are all groups that are sory to a watch, and then from a flood I am the grateful recipient of help dur- members of MOMS or provide services watch to a flood warning. With our cabin ing the Nebraska flooding. I am thank- to MOMS members, who are working to sitting right at the level of the flood plain, ful that there are people who know what make life better for people. it looked like we were doomed. On a to do, and, without explicit direct orders Wednesday afternoon, I went and moved from anyone, they do it. In this edition, While Physicians Bulletin is distributed items of sentimental or monetary value we are sharing the story of two of free of charge to all of the metro-Omaha up to the second floor, or out of the cabin MOMS member physicians who stepped area physicians, the physicians featured entirely, hopefully, for safe-keeping. After up and helped. are all members of MOMS. If you would photographing everything, we told law like information about being a member enforcement officers all our phone num- Other teams are working to make of MOMS, we can have someone reach bers and notified them that the cabin Nebraska safer. Quality improvement out to you. If you have a story you would would not be occupied. My husband and initiatives to reduce maternal mortality like to see featured, please contact I emotionally prepared to lose the cabin are occurring across the entire State of Laura Polak at MOMS, (402) 393-1415 or to the flood. Nebraska. A collaborative team, work- [email protected]. ing as the Nebraska Perinatal Quality 12 MEDICAL MUSINGS
MEDICAL MUSINGS STRATEGIC PARTNERS Each issue of the Physicians Bulletin, we will post a prompt or question to which MOMS members may respond. Check our The Metro Omaha Medical Society Strategic next issue as we share some of the responses we receive. Partners offer a variety of expertise, products and services to assist physicians and practices in addressing their needs and achieving success.
We encourage you to talk with our FROM LAST ISSUE: Strategic Partners when making decisions for “Tell us about a connection you made thanks yourself or your practice. to MOMS (personal, business, etc.)”
RESPONSES PLATINUM PARTNER “I have made new friends and renewed old friendships among Omaha physicians via the MOMS DocBuild program. This program has also allowed me to meet and interact with individuals in other professions (i.e. construction) and has led me to develop some new skills. These interactions would not have happened without the DocBuild program.” — Paul Paulman, M.D. GOLD PARTNERS
“MESS Club Show. A tenor from Creighton. An anesthesiologist from Immanuel, an Orthopedist from Methodist and an ophthalmologist from Clarkson that would never have met if not for the MESS Club Show. We became friends and have sung together for two decades. Couldn’t have done better than that. Thanks my friends—Drs. Laurel Preheim, Chris Link, and Chet Waters.” SILVER PARTNERS — William Schlichtemeier, M.D.
NEXT QUESTION: What mobile apps do you use BRONZE PARTNERS in practice?
For more information on our Strategic Partners ANSWER ONLINE AT visit OmahaMedical.com OmahaMedical.com/Medical-Musings Physicians Bulletin • July/August 2019 MOMS LEADERSHIP 13
MOMS members who said yes and gave THANK YOU TO their time and efforts to make this happen. “For all the leaders We’re already thinking of more topics we THOSE WHO want to record. at MOMS, who sit on INSPIRE a committee, serve I also want to tell you about a small on the Board, and group of people who have earned their MBA as recipients of the Canedy spread the word of Scholarship from the Clarkson Foundation. how important it They’ve benefitted from the experience is for the voices of and want to nurture the next generation of physician leaders. Their motivation to physicians to be heard use their talents to benefit the greater in the conversations Omaha medical community is admirable. I about health care, am excited to see what they accomplish in CAROL WANG the coming years and encourage anyone we couldn’t do this Executive Director interested in a master’s degree in health without you.” Metro Omaha Medical Society care management to consider applying for — CAROL WANG this scholarship. ratitude. It’s a word I see time and Gtime again in reference to stories, This is the time of year when MOMS strategies and studies about burnout members craft resolutions to help shape For all the leaders at MOMS, who sit and stress. Even Oprah advocates daily policy priorities of the Nebraska Medical on a committee, serve on the Board, and gratitude journaling as a means to keep Association and beyond. We all owe these spread the word of how important it is focused on what’s important and what’s thoughtful colleagues our appreciation for the voices of physicians to be heard good in life. for trying to solve problems that affect in the conversations about health care, the care of patients in our community and we couldn’t do this without you. Finally, It’s in that vein that I thought I would the practice of medicine. I am humbled thank you, to our members for cheerlead- shine the spotlight on some of the phy- every year by the number of physicians ing MOMS and for being on this journey sicians who inspire me or deserve the who volunteer their time and their efforts with us. Your work caring for patients gratitude of all of us for making a positive to testify for state lawmakers, write let- and our community motivates us to work impact in our community. ters in support or opposition of an issue harder and make you proud. and allow community leaders to shadow I start with something that will have them as part of the MOMS Community debuted by the time you get this issue in Internship Program. your hands: Health 101, our podcast that features conversations about health top- MOMS would not be able to advocate, ics that we hope will help patients be their create educational materials and work on best advocates and showcase our mem- initiatives like wellness and health literacy ber physicians’ expertise. At a time when if it weren’t for an incredibly dedicated there is so much misinformation, this is and hard-working staff. They make our an opportunity for us to be a resource for day-to-day operations possible and are our community and beyond. I hope you’ll always trying to answer the needs of phy- download the episodes from wherever you sicians. I cannot even begin to express my get your podcasts, refer patients to it and appreciation to them for the million things support this effort. I am so thankful to the they do to keep us operating.
Physicians Bulletin • July/August 2019 NMA MESSAGE 15
Membership engagement is a vital com- PRIORITIZING “Membership ponent to the success of the NMA, and we engagement is a are working diligently to ensure that we MEMBER provide a variety of opportunities for mem- vital component to bers to engage and be part of the organi- ENGAGEMENT, the success of the zation. “Alone, we can do so little; together COMMUNICATION NMA, and we are we can do so much.” (Helen Keller) working diligently Speaking of ways to get involved, the to ensure that we NMA Annual Membership meeting is provide a variety of quickly approaching. This year’s meet- ing will be held on Sept. 6 at the Embassy opportunities for Suites in Lincoln. The day will begin with members to engage the NMA Board of Directors meeting in and be part of the the morning followed by lunch that will include a presentation by medical stu- organization.” dents and also an overview on the NMA AMY REYNOLDSON — AMY REYNOLDSON mobile application. The afternoon edu- Executive Vice President cational session will focus on physician Nebraska Medical Association burnout and will be led by Gail Gazelle, Given that we are immersed in the digi- M.D. Dr. Gazelle is an associate scien- his year is moving quickly, and the tal era, the NMA will continue to transition tist at Brigham and Women’s Hospital at TNebraska Medical Association is work- to digital communications, including the Harvard Medical School, author and physi- ing hard to implement several items from NMA Advocate, our quarterly magazine. cian leadership coach. our strategic plan, as well as tend to day-to- During our planning phase, we had great day tasks to ensure that we are providing input on ways to address this challenge Following the education session, the the best service to our membership. and after some discussion with our mem- NMA House of Delegates business meet- bers we have decided to branch out and ing will take place. We encourage all In January, members of the NMA Board develop our own mobile application. members to attend and engage in cur- of Directors and representatives from rent items that will be discussed. This is MOMS and Lancaster County Medical The NMA will launch its own mobile a great opportunity to network with oth- Society (LCMS) participated in a strategic application allowing members to connect ers and learn about the NMA’s priority planning meeting. In summary, the meet- with the latest association news, events items for the coming year. We will then ing was very productive and instrumen- and advocacy efforts, as well as allow mem- transition into the evening events begin- tal in identifying areas of opportunity and bers networking opportunities. The mobile ning with a cocktail hour followed by our strengths within the organization. Over application will also serve as a platform inaugural dinner where Todd Hlavaty, the last eight months, the NMA staff has for NMA staff to organize events and pro- M.D., will be installed as our 2019-20 pres- been focused on the implementation of vide detailed content on trainings, confer- ident. Dr. Hlavaty is a radiation oncolo- new efforts and enhancing existing ones. ences and other events, engage effectively gist practicing at Great Plains Health with members such as taking a poll on our Callahan Cancer Center in North Platte, One of the priority areas identified was position with legislative items, and collect Neb., who has been involved with the membership engagement. We have also input and guidance on projects. The NMA Lincoln County Medical Society and an identified that effectively reaching our mobile application will be available on IOS active member of the NMA for 23 years. members to keep them engaged is becom- and Android platforms in late August. We Dr. Hlavaty has served in various capaci- ing more difficult. We currently rely heav- encourage you to get on and check it out. ties within the NMA including Nebraska ily on communicating to our members Just search for “Nebraska Medical Associa- Medical Foundation, BOD, PAC BOD, through email, perhaps it is a direct email tion” in the Apple and Play Store. Professional Liability Committee, communicating specific timely information Commission on Legislation and Govern- or it is our bi-monthly electronic newslet- The NMA is also in the process of mental Affairs, Health Care Reform Task ter. Although many of us have at least one expanding opportunities to for member Force, and Bioterrorism Task Force. email account, unfortunately it does not involvement. Efforts include recording mean that we read everything we receive. a radio announcement that focuses on a You can register for the NMA Annual topic in their area of practice, organizing Membership Meeting online at www. small groups to focus on specific advo- nebmed.org or by calling the NMA cacy efforts, developing and partnering at (402) 474-4472. We look forward to on CME opportunities, and engaging in seeing you on Sept. 6. the physician leadership academy. Dr. Melanie Ortleb is a board-certified dermatologist with a new practice in West Omaha. She is accepting new patients and practices all aspects of dermatology. moddermatology.com
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16 Physicians Bulletin • July/August 2019 Physicians Bulletin • July/August 2019 RISK MANAGEMENT 17
information in electronic form in connec- • Share your side of the situation. Explain CONSIDERATIONS tion with a transaction covered under the your understanding of the situation and HIPAA regulations.1 the laws (HIPAA, etc.) that govern your FOR LAW actions of what you can and can’t do. PROTECTED HEALTH INFORMATION ENFORCEMENT (PHI): includes individually identifiable • When trying to decide which federal health information transmitted or main- or state law applies, the more restric- INTERACTIONS tained in electronic media or any other tive one will likely apply. In general, form or medium.1 Individually identifiable if there is a state or federal law that is health information is information created more restrictive than HIPAA (more pro- or received by a health care provider that tective of a patient’s privacy), providers identifies the individual and relates to are required to comply with the more the past, present, or future physical/men- restrictive law. tal health or condition of an individual; the provision of health care to the indi- • Document the details. Obtain any doc- vidual; or payment for the provision of umentation or statements from the health care to the individual.1 person requesting protected health JEAN MARTIN, M.D., J.D. information (PHI) when these docu- COPIC Legal Department WHO IS CONSIDERED A LAW ENFORCE- ments or statements are relied upon to MENT OFFICIAL?: As outlined in the make the disclosure.4 ealth care providers may experience HIPAA Privacy Rule, a law enforcement Hinteractions with law enforcement official means an officer or employee of • Respect law enforcement and the chal- personnel that create uncertainty around any agency or authority within the U.S., lenges they are dealing with. Do not their responsibilities to patients, includ- who is empowered by law to: (1) Investi- physically interfere with law enforce- ing the duty to protect patients’ privacy. gate or conduct an official inquiry into a ment officials or provide them false or Law enforcement personnel are tasked potential violation of law; or (2) Prosecute misleading information. with ensuring public safety and conduct- or otherwise conduct a criminal, civil, or ing criminal investigations. administrative proceeding arising from • Don’t provide more information than an alleged violation of law.2 what is necessary. Unless disclosures When these duties intersect as they made to law enforcement are required relate to patients in the health care sys- Law enforcement officials include by law, they should be held to the “mini- tem, providers should understand how (but are not limited to): mum necessary” standard. This means that to meet their obligations while respect- • Police officers and state troopers when using or disclosing PHI, the HIPAA- ing the requests of law enforcement per- • Sheriffs and sheriffs’ deputies covered entity or provider must make rea- sonnel. Situations that providers may • District attorneys sonable efforts to limit PHI to the minimum encounter with law enforcement include • DEA and FBI special agents necessary to accomplish the purpose of treating a gunshot wound, reporting • ICE officers the use, disclosure, or request.5 A provider child abuse or neglect, possible threats may rely upon the representations of a law to public safety, and if there is a crime The default position under HIPAA is enforcement official that the information on the premises of a medical facil- that PHI cannot be disclosed without requested is the minimum necessary for ity or practice. the patient’s authorization, but there the stated purpose.6 are some exceptions relevant to law PROTECTED HEALTH INFORMATION enforcement, including where reporting More details regarding disclosures for UNDER HIPAA: Before disclosing is required by state law. law enforcement purposes under HIPAA patient information to law enforcement, can be found at: www.hhs.gov/hipaa/for- a provider should consider whether it KEY CONSIDERATIONS FOR ANY LAW professionals/faq/disclosures-for-law- is protected under the federal Health ENFORCEMENT INTERACTION: enforcement-purposes/index.html Insurance Portability and Accountability • Don’t be afraid to ask for identification. Act (HIPAA) rules, which provide privacy Have they properly identified them- 145 C.F.R. § 160.103 2 protections for individually identifiable selves? If the law enforcement offi- 45 C.F.R. § 164.103 345 C.F.R. § 164.514(h)(1)(i) health information held by health care cial is not known to the provider, the 445 C.F.R. § 164.514(h)(1)(ii) providers and their business associates. provider must verify the identity and 545 C.F.R. § 164.502(b) 6 HIPAA “covered entities” include health authority of the person.3 Processes 45 C.F.R. § 164.514(d)(3)(iii)(A) care providers who transmit any health should be in place for in-person, phone, and email interactions. Thanks Omaha for over 30 Years!