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  1. 1. 1) 25th Annual Meeting 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 25th ANNUAL MEETING 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.  25th Anniversary Celebration…Saturday, September 27th in the Regent Ballroom at the Hilton.  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 printing)  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 Cynthia.  Brochures and registration information have been mailed.
  2. 2.  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 , 10:20- 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 (joelherron@msn.com) 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
  3. 3.  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, September 27th .  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, September 28th , 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 with 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 laser.  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:
  4. 4. 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 opposition. MOHS CODES – CMS Per Dr. Herron, he has not heard of any resolution from the July 23rd meeting. Please contact CMS to share your support regarding this issue in the aforementioned board meeting highlights. 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
  5. 5. memorandum is current as of August 2008. However, users should review the most current version of cited code sections and other cited references. Introduction 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
  6. 6. 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. Potential Liability? 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 program. Additional Information
  7. 7. 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!!