2) Highlights of July Board Meeting
3) Legislative Key Contacts
4) HB 493/SB 301 – Pathology Billing
5) Mohs Codes - CMS
6) HB 230 – Tanning Bill
7) FACTA – Fair and Accurate Credit Transaction Act
8) AAD/A MODEL STATE AWARD
To be held September 26-28, 2008 at the Hilton Columbus at Easton, 3900 Chagrin
Drive. Phone: 614-414-5000. Code word is “ERM” for special convention rate for the
meeting. Please visit our website www.ohderm.org for details.
Anniversary Celebration…Saturday, September 27th
in the Regent Ballroom at
7:00 pm – Cocktail reception (cash bar and hors d’ oeuvres)
8:00 pm – Dinner/Program…We will honor our past presidents and award the
first “ODA Distinguished Service Award”. Dr. Alan Rockoff will be our guest
speaker… “37 Steps to a Successful Practice” (title changed from brochure
Champagne/Dessert Reception to follow
Your donation to the Ohio Dermatological Foundation is tax deductible.
Thank you in advance!
All invitations have been mailed. Please remember to RSVP.
If you are an ODA member and did not receive an invitation, please contact
Brochures and registration information have been mailed.
Dr. William H. Beeson will be the surgical speaker sponsored by the OSDS. He
will be giving two lectures, back-to-back, on Saturday, September 27th
11:00 am and 11:00-11:40 am: “Cosmetic Dermatology: Dermal fillers, light
chemical peels, and Botox – How to integrate them into your practice” and
“Minimally invasive procedures to advance your cosmetic dermatology practice”
Please visit our website www.ohderm.org for updated information regarding the
annual meeting…Click on Meeting Planning & Forms
Online registration for ODA members only (see website)
ODA BOOK CLUB…chaired by Dr. Susan Woods
The two choices are The Glass Castle by Jeannette Walls and The City of
Thieves by David Benioff.
The Glass Castle is an astonishing memoir of a childhood in modern day America
which is anything but ideal. She grew up with parents whose ideals and
stubborn nonconformity were both a curse and their salvation. They lived like
nomads moving among Southwestern desert towns and then finally settling in a
dismal West Virginia mining town where her family became even further
dysfunctional. Her story is a triumph against all odds. For the reader, this story
provides a meaningful perspective on raising children and family life. It should be
required reading for our teenagers who live in such a materialistic world.
The City of Thieves is a raucous tale not meant for the prim or faint of heart. The
author retells his grandfather’s stories about Leningrad during World War II.
This book is not a sad, serious account of war with its victims and heroes; but,
rather an adventurous “off the wall” story filled with colorful personalities and
the raw energy of young men in war. It is a page turner.
Lunch on Saturday will be “free time” for everyone…11:40 AM to 1:00 PM. Boxed
lunches are available to be reserved (see registration form)
Silent Auction – This event raised over $5000 for the ODA last year. Please
contact Dr. Herron (firstname.lastname@example.org) or Cynthia (ODAExec@neo.rr.com)
regarding your donation. Examples of auction items: gift certificates, basket of
items (cosmetics, wine/cheese, spa products), sports tickets…request such items
as Radiesse or Botox from your rep, time share, resort weekend, text books, art…
you get the idea!! Your support is greatly appreciated!!
HIGHLIGHTS OF JULY 2008 BOARD MEETING
Congratulations to Dr. Julian Trevino, recently appointed Residency Director at
Wright State University
Welcome to Dr. Karl Kellawan as our new Chairman of the Scientific Committee
The recipient of the inaugural 2008 Distinguished Award was selected and will
be announced at the 25th
Anniversary Celebration dinner/program on Saturday,
Proposed change in bylaws (Article 1: members; Section 1.1 Membership) to add a
category for Physician Extenders and delete Item C – Affiliate Member. This will
be voted upon by the membership at the ODA Annual Business Meeting, Sunday,
, 7:30 AM, Easton A lecture hall. A copy of the ODA Bylaws can be
found on the website www.ohderm.org . Please feel free to speak with any of the
trustees – contact information also on the website.
Centers for Medicare and Medicaid (CMS) to hold a meeting on July 23rd
representatives from the four Mohs Coalition Associations: The American
Academy of Dermatology, the American College of Mohs Surgery, the American
Society for Dermatologic Surgery, and the American Society for Mohs Surgery.
Issue: to argue that the Mohs codes should be placed back on the MPRR
exemption list because a 50% reduction in reimbursement does not cover the
Mohs surgeon’s costs to perform multiple Mohs procedures. (See more below)
HB 493 – ODA position to oppose this bill.
Dr. Olsen will lead task force to organize the opposition.
The OSMA has changed their position to neutral.
Drs. Bechtel and Zirwas – Clarify with OSMB regarding policies on light-based
therapies, specifically ability of PA’s, NP’s or nursing staff to operate excimer
Accepted as new members: Michael P. Conroy, MD, Dublin; David J. Kouba, MD,
PhD, Toledo; and James F. Libecco, MD, Akron.
Dr. Novie Sroa of OSU was selected as the Resident Trustee for 2008-2009.
Drs. Zirwas (trustee) and Dr. Routhouska (current resident trustee) are
organizing a Resident Committee to meet briefly at this year’s annual meeting.
LEGISLATIVE KEY CONTACTS
The ODA will be communicating with its members to formulate a list of those who live
near or know his/her state representative or senator. It is very important to raise
awareness on issues of importance to Ohio dermatologists through dialog directly with a
legislative member. One person x many can make a difference!
HB 493/SB 301 – PATHOLOGY BILLING
An email report (8/8/08) of a teleconference from Mr. Mottley, our lobbyist:
One of the action items from today’s teleconference was for me to send each of you the attached
electronic copy of a letter from Sen Bill Seitz to Dr. Michael Morgan, a Cincinnati dermatologist,
regarding HB 493/SB 301.( See attachment) The most important parts of that letter are:
2) the 3rd paragraph on the first page, where he says that he agreed to sponsor the legislation
only after the major speciality groups -- "most prominently, dermatologists and obstetricians" --
indicated that they were either neutral or supportive. Since ODA just changed its position from
support to opposition in July, and this had never previously been communicated to Sen. Seitz, we
should make both Sen. Seitz and Senate Health Committee Chairman Kevin Coughlin aware of
these changed positions.
3) in the 4th paragraph, starting at the bottom of the 1st page and continuing to the top of the
second page, in which Sen. Seitz suggests as a "possible alternative compromise" "if not the
model in this bill, which requires direct billing, then at least a prohibition on markups and full
disclosure of what specialists are paying pathologists for the tests for which they are billing their
patients and their patients insurers." This suggests his willingness to compromise ondirect billing,
which is the ODA board's major concern.
A summary of action items from the meeting:
1) Notify Sens. Seitz and Coughlin by mail of the opposition of ODA and other specialty groups
to the legislation as it passed the House.
2) Contact the Ohio State Medical Board to see if they will weigh in against the enforcement
provisions in the bill.
3) Send to Don Mottley suggested language from ADA staff for a possible amendment that would
allow direct billing
4) After Don Mottley's review of the language, contact Sen. Seitz to discuss his willingness to
support the compromise language as a committee amendment to his bill.
5) Continue grass roots contacts with members of the Senate Health Committee (Senators Keven
Coughlin, Chairman; Mark Wagoner, Vice Chairman; Steve Buehrer, David Goodman, Larry
Mumber, Kirk Schuring and Joy Padgett; note that Senator Seitz is also a member). The above
are the majority party members. Democratic members are Sens. Shirly Smith (the ranking
minority member), Capri Cafaro, Dale Miller, and Sue Morano.
Per ODA President, Dr. Joe Hazel, a letter will be sent to Senator Seitz noting the ODA’s
MOHS CODES – CMS
Per Dr. Herron, he has not heard of any resolution from the July 23rd
contact CMS to share your support regarding this issue in the aforementioned board
HB 230 – TANNING BILL
Many supporters of this bill are still trying to get it through the House this year. If this is
not successful, plans are being made to propose the bill at the beginning of the year to
both the House and the Senate at the same time. Several states have their eye on Ohio
regarding this issue!!
FACTA – Fair and Accurate Credit Transaction Act – forwarded by Dr. Joe Hazel
This memorandum was developed for general informational purposes only. It is not meant to be a
comprehensive guide, nor should it be construed as authoritative legal advice. The information in this
memorandum is current as of August 2008. However, users should review the most current version of
cited code sections and other cited references.
Effective January 1, 2008, and enforced starting November 1, 2008, FACTA will require
all organizations subject to the legislation to develop and implement a written “Identify
Theft Prevention Program” to detect, prevent, and mitigate identity theft in connection
with the opening of certain new and existing financial accounts. These regulations,
known as the Red Flag Rules, require all creditor companies, which may include
physician practices, to be compliant by November 1, 2008, and are subject to fines,
penalties, and possible class action lawsuits if any customer or patient data is stolen.
Who must comply with the rules?
Any financial institution or creditor must comply. Creditor means any person who
regularly extends, renews, or continues credit; any person who regularly arranges for the
extension, renewal, or continuation of credit; or any assignee of an original creditor who
participates in the decision to extend credit. Under this definition, any hospital or
physician who extends credit must cover all new accounts where a relationship exists
and all existing accounts where the account has a reasonably foreseeable risk of identify
theft. Given the variety of health insurance products on the market, especially products
that impose liability for payment on patients such as health savings accounts, the OSMA
expects that many physicians are extending credit on patient accounts and therefore will
be subject to the Red Flag Rules.
What does FACTA require? IDRU – identify, detect, respond, and update
The Red Flag Rule requires practices to develop, implement, and maintain an identity
theft prevention program. To comply with these rules, practices that are subject to the
regulation must have reasonable policies and procedures to: (1) Identify and incorporate
red flags for covered accounts, (2) Detect red flags that are included in the program, (3)
Respond to those red flags appropriately, and (4) Update the program periodically to
reflect the risk to the customer or to the practice from identity theft.
(1) Identify your red flags: each practice must compile a list of red flags that is
relevant to their specific group. This list should be non-exhaustive and must
be updated frequently to keep up with new identify theft mechanisms. Some
examples of items to be included are : Alerts, notifications, or other warnings
received from consumer reporting agencies or service providers, such as fraud
detection services; presentation of suspicious documents; suspicious personal
identifying information; unusual use of, or suspicious activity related to the
covered account; and notice from customers, victims of identity theft, law
enforcement authorities, or other persons regarding possible identity theft in
connection with covered accounts held by the creditor practice.
2) Detect red flags: each practice must describe how they will detect each red
flag in every circumstance where it may occur. Ways of detecting identity
theft may include: using updated techniques to identify the person initially;
using updated techniques to authenticate the individual receiving the
information; monitoring the activity of accounts; and using updated
techniques to tract any change in addresses for the individuals.
3) Respond to the red flags: If a red flag has come up, the practice must
respond with the appropriate remedies depending on the degree of risk
posed. The regulation says that the degree of risk must be measured by the
type of red flags along with certain aggravating factors, including: if the
organization has experienced a breach of security that resulted in the
unauthorized access or loss of personal data of customers, and if the
organization becomes aware that a customer has provided information
related to an account to someone who is fraudulently claiming to represent
the creditor. Depending on the degree of risk, the regulation gives examples
of appropriate responses, including: monitoring the specific accounts
contacting the customer, changing passwords, re-opening an account with a
new number, closing an existing account, notifying law enforcement, and
determining if no response is warranted.
4) Updating the red flat program: each practice is required to have in place
policies and procedures to ensure the program is updated periodically to
reflect changes in risks to customers and to the safety and soundness of the
physician practice or creditor from identity theft. This includes a written
document describing the updating procedures that indicate when and how
the updating will occur.
If a practice extends credit and does not come into compliance with FACTA by
November 1, 2008, they may subject themselves to fines, penalties, or potential class
action lawsuit. To avoid liability, hospitals and physician practices should adopt a plan,
name an individual specifically responsible for implementation of the plan, and require
the individual to report to the board or owners once a year regarding the effectiveness of
the program, any significant threats, and any recommendations for changes to the
Practices can find additional information about FACTA at the Federal Trace
Commission’s Website www.ftc.gov (search on FACTA). Related information on
protecting your practice and patients from medical identify theft can be found at the
Website of the American Health Information Management Association www.ahima.org.
Under Practice Briefs see, AHIMA e-HIM Work Group on Medical Identity Theft.
“Mitigating Medical Identity Theft.” Journal of AHIMA 79, no. 7 (July 2008): 63-69.
AAD/A MODEL STATE AWARD
The Ohio Dermatological Association was once again a recipient of the AAD/A 2007
Model State Award. This achievement is a result of completing a lengthy application
form and meeting the high standards set by the AAD/A for a state society. We were one
of three states to receive this accolade, which reflects the 2007 leadership of President
Dr. Craig Burkhart, President-elect Dr. Joe Hazel, Immediate Past President Dr. Samia
Borchers, and the 2007 Officers, Board of Trustees, and Committee Chairs.
Congratulations to us!!