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Vol. 24 No. 2 The Independent Newspaper for Practitioners March/April 2015 $9.02 million proposed to settle APA practice assessment suit By James Bradshaw, Associate Editor APAPO, are not required to admit any www.PracticeAssessmentSettlement.co guilt in misleading members about the m that will be maintained by an inde- The American Psychological nature of the assessments, which were pendent settlement administrator, the Association (APA) and the APA Practice revealed to be “voluntary” in 2010, Portland, Ore., offices of Epig Class Being “Liked” on Facebook Organization (APAPO) are to pay $9.02 prompting the legal actions. Action Claims Solutions Inc. million under a proposed settlement to The agreement also calls for renam- See Page 20. end a class action suit filed by APA ing the assessment as “APAPO Continued on Page 3 practitioner members who contend they Membership Dues” with accompanying were deceived into thinking they had to wording on annual dues billings to Medicare penalties catch pay an additional “practice assessment” emphasize that APAPO membership is a to maintain APA membership. recommended option for practicing uninformed psychologists off guard The settlement must be approved by licensed psychologist members to sup- have been astounded by the number of the U.S. District Court for the District of port APAPO’s advocacy efforts but is By Paula E. Hartman-Stein, Ph.D. experienced psychologists who have been Columbia before any claims for payment not required to keep APA membership. unaware of PQRS, paying little attention may be submitted, but the plaintiffs’ An APA news release announcing Despite repeated announcements and to the changes going on in healthcare and acceptance of the terms makes approval the settlement in January quoted 2015 warnings from the Center for Medicare remaining in their silos until immediately likely forthcoming. APA President Barry Anton, Ph.D., as and Medicaid (CMS) of the financial affected …. PQRS is not simple. It As in most negotiated settlements, saying, “APA and APAPO were never consequences to providers who do not requires time and study.” the agreement means that the defen- happy to be in litigation with their mem- participate in Physician Quality The New Jersey Psychological dants, officers of the APA and the bers. While we do not concede that there Reporting System (PQRS) in 2013, some Association (NJPA) has been proactive in was any wrongdoing on our part, this psychologists are angry, confused and providing resources and education for its agreement allows us to end the dispute shocked after receiving letters announc- INSIDE THIS ISSUE members. Without endorsing any specific and return to focusing our full attention ing an across-the-board penalty of 1.5 Suicide stirs conversion courses, Jane Selzer, executive director of on the goals and mission of the APA and percent in 2015. NJPA, negotiated discounts for the mem- therapy debate ........ Page 6 the APAPO.” During an informal poll conducted APA Council adopts Once approval is finalized, all during the February meeting of the See commentary Page 14 licensed psychologists who paid practice Cleveland Psychological Association primary care policy ...Page 7 bers in 2014 to purchase privately pro- assessments for any period from 2001 to (CPA), about half had received notices of ‘Sexual sobriety’ ignores duced webinars on PQRS basics for psy- the present will be eligible to apply for penalties. Thirty percent reported not chology. NJPA has also been dispelling victims ................... Page 15 reimbursement from the settlement fund. knowing what PQRS is. Psychologists misinformation appearing on a listserv Book Review Special Section Details will be available on the website have been eligible to obtain small bonus- Pages 1 - 4 B es for PQRS participation from 2008 to about PQRS, encouraging members to 2014. Detailed information about how to contact the APA Practice Organization or participate is contained on the govern- the CMS helpdesk for assistance. ment website, CMS.gov. Beginning in January all Medicare According to CPA President Nancy providers who failed to satisfactorily Duff-Boehm, Ph.D., “Education from the report one process measure on one Center for Medicare and Medicaid patient in 2013 began to receive a 1.5 Services (CMS) is buried in a sea of percent payment reduction on their information about labs and flu shots. It is Medicare patients throughout 2015. In an very tempting for me to ignore my mes- article published in CPA’s February Address service requested service Address sages from CMS because so few pertain newsletter, Duff-Boehm called the 2013 requirement, “a toe-dabble meant to Permit # 40 # Permit to my practice. Professional organizations desensitize providers to the idea that the Madelia, MN Madelia, Gahanna, Ohio 43230 Ohio Gahanna, should be doing a lot more to inform and PAID system is too overwhelming to broach. 620-A Taylor Station Rd. Station Taylor 620-A educate their members.” U.S. Postage U.S. The actions recommended in some PRSRT STD PRSRT Peter Kanaris, Ph.D., APA Council The National Psychologist National The Representative for New York, said, “I Continued on Page 4 Page 2 March/April 2015 T H E N A T I O N A L P S Y C H O L O G I S T Page 3 T H E N A T I O N A L P S Y C H O L O G I S T March/April 2015 comment from Tumlin, whose dogged to $2.7 million – 30 percent of the set- Settlement pending pursuit of the mandatory/voluntary ques- tlement – although the court can impose CPA director of professional tion precipitated the legal actions. a lower amount if it sees fit. affairs, Chuck Faltz, 76, dies court approval “It is no surprise that APA officials Any residual in the fund when all who defrauded their colleagues for a claims have been satisfied will be donat- The long-time director Continued from Page 1 decade would spend $9 million of the ed to the non-profit corporation Mental of professional affairs The practice assessment began as a organization’s money to escape account- Health America. for the California $50 annual charge on practicing mem- ability,” Tumlin said. “The settlement The settlement is one of two areas Psychological bers in 1985 enacted to fund efforts of saves them from having to tell the truth where APA hopes 2015 will resolve Association (CPA) and the Practice Directorate, a division of under oath, so they can now say they did long-standing disputes that have tar- leader in the long battle APA devoted to advocating for practi- nothing wrong and otherwise continue to nished its reputation. to gain hospital privi- tioners in such matters as licensing and stonewall the membership’s questions. In December, APA announced it has leges for psychologists insurance reimbursements. Psychologists deserve better than this.” hired Donald H. Hoffman of the Sidley in that state died Jan. 19. But, by 2000 those advocacy efforts Once the settlement is approved, the law firm of Chicago to conduct an inde- Faltz Chuck Faltz, Ph.D.,76, involved enough lobbying in Congress settlement administrator will be given pendent investigation of the participation was a long-time resident of Palo Alto. and state legislatures that APA’s attor- deadlines for notifying members who of psychologists in developing and Faltz was a passionate advocate for neys said the association’s tax-exempt are eligible for payments from the fund implementing torture methods used in psychology and once served as chief of status could be endangered. As a result, and outlining how to go about making questioning at terrorist detention facili- forensic mental health services with the the APAPO was created in 2001 as a claims. ties in Guantanamo and Abu Ghraib. San Mateo County Courts and Correct- legally separate entity (although its Eligible members will have four ions Department. He received numerous board members are the same as those of options: file for compensation from the The American Psychiatric Associa- accolades during his 20 years with CPA, the APA) with a 501(c)(6) tax status that fund, forego filing and seek no compen- tion and the Red Cross issued total bans including the organization’s Silver Psi gives less tax exemption than the sation, seek to be excluded from the set- against their members working at the Award for service, a Lifetime Achieve- 501(c)(3) status of the APA but allows tlement to pursue separate legal action facilities once the tortures were broader lobbying. ment Award, the American or file objections to the nature of the set- revealed, but the psychological associa- Psychological Association’s prestigious tlement. tion did not. APA officials said it could It was at that point that the manda- Heiser Award for Advocacy and a not sanction psychologists involved Presidential Citation from the APA for tory/voluntary nature of the charge to Individual compensation will be because they were not APA members practitioners came into question. APA his “herculean efforts” on behalf of psy- prorated according to how much each and it was felt that ethical psychologists chologists across the country. could not hinge membership eligibility member paid in APAPO dues. The four should work at the centers to eliminate to charges imposed for the support of a Contributions may be made in his individual psychologists who filed court abuses that had come to light. name to the Multiple Myeloma Research legally separate organization. But the actions representing the class of individ- APAPO charge continued to be billed to Foundation, 383 Main St., Fifth Floor, uals eligible for reimbursements will be Many APA members were critical Norwalk, Conn. 06851. practitioners annually along with regular paid an additional $5,000 each for their that a total ban was not imposed and APA dues, sometimes including defini- active participation in bringing the set- some even dropped their APA member- tions of which members “must pay the tlement about.