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Legislative Brunches Disciplinary “Catch 22” – an Update by Rachel A

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Legislative Brunches Disciplinary “Catch 22” – an Update by Rachel A BULLETIN NEW YORK STATE PSYCHIATRIC ASSOCIATION WInter 2010,Vol. 53, #1 • Bringing New York State Psychiatrists Together President's Message: Fall Area II Council Meeting The Assembly and Board of Trustees By Rachel A. Fernbach, Esq. By C. Deborah Cross, MD he New York State Psychiatric September 2009 with a comparison for Association held its annual Fall the same period for 2008 and 2007. irst off, I want to gates to the AMA). In T Area II Council Meeting on In addition, Edward Gordon, M.D., thank those members many instances AMA dele- Saturday, October 24, 2009 at the New Chair of the NYSPA Political Action F who responded to gates have their expenses York LaGuardia Airport Marriott in Committee, presented the PAC finan- NYSPA’s request to contact paid and other organiza- East Elmhurst, New York. NYSPA cial statements for January-October, the Board of Trustees tions reimburse their mem- President C. Deborah Cross, M.D., 2009, and a list of 2009 contributors regarding the Assembly’s bers in various ways. The called the meeting to order and invited to date. budget for 2010. Your email also raised questions all those attending their first Council response was extremely about whether the Assembly William Sorum Award important and effective. In Assembly needs to be as meeting to introduce themselves. Dr. Cross presented the Assembly fact, at its meeting in large as it is and whether it Introductions were followed with William Sorum Award to the Queens reports from NYSPA officers. December 2009, the Board C. Deborah Cross, MD needs to meet twice a year. District Branch, the Brooklyn District agreed that there would be The size of the Assembly is As part of her President's Report, Dr. Branch and the New York County no further reduction of the Assembly’s certainly a debatable point, depending Cross reported on three new work- District Branch for sponsoring annual 2010 budget from the originally request- on one's opinion of the function of the groups created by Assembly Speaker scientific research paper contests for ed $200,000. Drs. Schatzberg and Assembly. As you have heard from me Gary Weinstein, M.D.: (i) Model residents. The Assembly William Bernstein’s response to many of those many times over the last few years, I District Branch Work Group, (ii) Sorum Award was created in honor of who wrote to the Board very clearly believe the Assembly is essential to a Communications Work Group and William Sorum, M.D., Past Speaker of spelled out the financial difficulties fac- well informed, well represented, psychi- (iii) Leadership Training Work Group. ing the APA at this time. What was not atric professional organization. In com- the Assembly, to recognize members- Seeth Vivek, M.D., a member of the in-training and district branches that made clear in the email, I felt, was that parison to the AMA, there are (to quote Communications Work Group, spoke the financial difficulties facing the APA the AMA’s web site) “well over 500 dele- have made notable progress in MIT briefly about the group's activities. could very well be a somewhat short gates” to the AMA’s House of Delegates. activities, involvement and participa- term problem since the publication of They meet twice a year and are the Dr. Vivek, NYSPA Secretary, also pre- tion. Herbert Peyser, M.D., Seeth DSM V may result in a significant “principle policy making body of the sented minutes from the May 15-17, Vivek, M.D, Jeffrey Borenstein, M.D., increase in revenues. Additionally, AMA.” It is characterized as a “demo- 2009, Area II Council Meeting at the Lenore Engel, M.D., Vivian Pender, points were made about other profes- cratic forum” which “represents the Spring APA Assembly Meeting. NYSPA M.D., Henry Weinstein, M.D., and sional organizations and financial reim- views and interests of a diverse group of Treasurer, Darvin Varon, M.D., present- Kenneth Ashley, M.D., accepted the bursement of representatives (e.g., dele- [See President’s Message on page 2] ed the financial statements for January- [See Area II Meeting on page 5] NYSPA Makes A Difference: Legislative Brunches Disciplinary “Catch 22” – An Update By Rachel A. Fernbach, Esq. By Rachel A. Fernbach, Esq. From time to time, The Bulletin plans to and the psychiatrist had entered into publish articles detailing how NYSPA psychotherapy, as was required. The makes a difference in the professional lives individual's license was restored with of its members and the patients they serve. the contingency that the psychiatrist The below article is an example of NYSPA's could only practice under supervision advocacy and efforts on behalf of a psychia- in a licensed facility. The psychiatrist's trist caught between the conflicting agendas application for reinstatement to the of two state agencies. Medicare program had already been approved. n early 2009, the Bulletin reported However, the New York State OMIG on a puzzling situation involving a refused to reinstate the psychiatrist in I conflict between the work of the the Medicaid program as a result of the NYS Office of Professional Medical finding of professional misconduct. Conduct (OPMC) in rehabilitating OMIG's final determination did not physicians brought up on charges and take into account the fact that the the work of the NYS Office of the underlying professional misconduct did Medicaid Inspector General (OMIG) in not involve any wrongdoing with Richard Gallo and Barry Perlman, MD preventing fraud and abuse in the respect to the Medicaid program and he New York City District physician licensing requirements. Medicaid program. Physicians caught that the psychiatrist had already been Branches of the APA hosted their Dr. Perlman also discussed issues of in this bureaucratic "tug of war," are reinstated in Medicare. No state T Eleventh Annual Citywide federal concern, including an increase often unable to work towards rehabili- licensed facility that participates in the Legislative Breakfast on December 6, in physicians opting out of Medicare tation, even in a proscribed supervised Medicaid program can hire the services 2009, at the New York Academy of and fewer graduating medical students setting, because the OMIG refuses to of a physician who has been excluded Medicine in New York, New York. choosing a specialty in psychiatry due reinstate them as a Medicaid provider. from the Medicaid program. Thus, One week later, the Psychiatric Society to concerns about reimbursement for of Westchester hosted its 23rd Annual NYSPA is proud to report that its advo- OMIG’s denial of reinstatement effec- services. In addition, he cautioned Legislative Brunch on December 13, cacy on behalf of a particular psychia- tively prevented this particular psychia- against over-reliance on the use of cer- 2009, at the Crowne Plaza Hotel in trist caught in just such a "Catch 22" trist from complying with the terms of tain guidelines as a basis for pay-for- White Plains, New York. performance and liability relief. has resulted in the psychiatrist's full their probation and completing the Barry Perlman, M.D., NYSPA Past- Finally, at the Westchester event, Dr. reinstatement in the Medicaid program, OPMC program of rehabilitation. President and current Chair of the Perlman expressed NYSPA's support permitting the psychiatrist to resume In an effort to bring this issue to the NYSPA Committee on Legislation, for the continuation of Grant Mitchell, forefront, NYSPA contacted the Office employment at a community psychi- kicked off both events by providing an M.D., in his role as Commissioner of of Governor David Paterson and atric hospital as part of an OPMC overview of current legislative issues the Westchester County Department of supervised program of rehabilitation. Medicaid Inspector General James G. affecting New York psychiatrists, Community Mental Health under new NYSPA became aware of this unique sit- Sheehan, to address the apparent con- including implementation of the new county leadership. flict between the activities of OPMC uation when a member was asked to federal parity law, proposed budget The New York City event was moderat- consider employing a psychiatrist who and OMIG. Following an unsatisfactory cuts for mental health services, pay- ed by Marvin Nierenberg, M.D., a had entered into a settlement agree- response from OMIG, the psychiatrist, ment for atypical antipsychotics, con- member of the New York County ment with OPMC for rehabilitation and with NYSPA's assistance, initiated an cerns with the sexually violent predator District Branch Committee on resumed practice under supervision at a Article 78 proceeding in the Supreme civil confinement program, pending Legislation. Dr. Nierenberg welcomed licensed facility. As part of the settle- Court of the State of New York to chal- legislation that conflicts with the cor- those in attendance and introduced ment agreement, the psychiatrist's porate practice of medicine doctrine license had been suspended for a year [See “Catch 22” on last page] and recently proposed changes to [See Legislative Brunches on page 3] THE BULLETIN FROM THE EDITOR’S DESK... By Jeffrey Borenstein, MD NEW YORK STATE his edition of the report about how to Area II Council meeting. We have a new PSYCHIATRIC Bulletin has informa- improve reimbursements column, which will appear from time to ASSOCIATION T tion about issues from managed care. The time, entitled: NYSPA Makes a which impact the practice of President’s message reviews Difference. As we begin a new decade, I psychiatry in New York. We key issues about APA gover- urge each of you to become more active Editorial Board Jeffrey Borenstein, MD report on the Legislative nance and the Area II members of our organization. Each of Editor-in-Chief Brunches in which our mem- Trustee Report provides an us can make a difference as we advocate Holliswood Hospital bers have an opportunity to update about the recent for our patients and profession.
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