Sell Them! Right Here! - Medical Society of the State of New York

MEDICAL SOCIETY OF THE STATE OF NEW YORK 

NEWS OF NEW YORK 

Volume 63 • Number 9 • www.mssny.org Providing Information to Assist Physicians in the State of New York October 2008 

35 

30 

25 

20 

15 

10 

5 

0 

Percent of Children Less Than 6 Years of Age 

with Two or More Shots in NYSIIS* 

New York State (Outside of New York City) 

14.7 

June 

07 

14.8 14.9 14.9 15.0 

July 

07 

Aug 

07 Sept 

07 

16.5 

Oct 

07 Nov 

07 Dec 

07 

* New York State Immunization Information System 

** Based on Claritas 2006 population estimates. 

Data prior to April 08 is from the HUB; data beginning 

April 08 is from NYSIIS. Updated 8/26/08 

Join the “Heal the Claims Process” Campaign 

Physicians deserve timely and accurate 

payment. Yet, physician practices 

are spending as much as 14% of their 

total collections to ensure accurate payment 

for their services. When physicians 

submit correctly coded health care 

claims, health insurers and other thirdparty 

payers may still inappropriately 

delay, deny or significantly reduce payments. 

The significant savings that 

could be realized from more efficient 

claims processing could be better spent 

on increasing the quality of patient care 

and reducing the burden of high premium 

costs to consumers. 

Increased use of retail clinics, which 

provide less expensive care for patients 

than physician offices and urgent care 

centers, has not led to a reduction in 

overall health care costs, according to a 

study published on September 9 in the 

journal Health Affairs, American Health 

Line reported. 

For the study, Marcus Thygeson, an 

associate medical director at 

Minneapolis-based HealthPartners, and 

colleagues examined 628,513 episodes 

20.1 20.7 

Jan 

08 

23.0 23.3 24.0 23.6 

Feb 

08 Mar 

08 

Apr 

08 May 

08 June 

08 

The AMA’s Remedy 

The AMA’s “Heal that Claim” 

month is part of the AMA’s ongoing 

“Heal the Claims Process” campaign. 

The campaign calls on both physicians 

and payers to do their part to eliminate 

waste in the claims process by getting 

it right the first time: 

• The AMA encourages physicians 

and their practice staff to submit timely 

and accurate claims the first time. 

• The AMA encourages payers to pay 

accurately and in a timely manner the first 

time and comply fully with the Health 

(Continued on page 15) 

Study Finds Retail Clinics Do Not Reduce 

Overall Health Care Costs 

31.4 

29.6 

July 

08 

of care, 3.2% of which occurred at 

MinuteClinic facilities, for members 

between 2003 and 2006. Researchers 

determined the overall cost per episode 

of care, which included the cost of a 

medical examination and laboratory and 

pharmacy costs, for five conditions — 

sore throats, ear infections, sinus infections, 

conjunctivitis and urinary tract 

infections. Researchers compared the 

overall cost per episode of care that 


INSIDE NEWS 

MSSNYPAC has new rules 

for collecting dues...page 2 

World Trade Health Registry Releases Analysis 

A new analysis from the World Trade Center 

Health Registry provides the most comprehensive 

picture yet of how 9/11 affected enrollees’ physical 

and mental health two to three years after the disaster. 

The report – released by the Health Department 

in the Journal of Urban Health, also includes the 

first estimates of respiratory health problems 

among lower Manhattan workers and residents 

from the registry, indicating that both groups suffered 

new cases of asthma. 

The new analysis examines health effects among 

all 71,437 participants of the World Trade Center 

Health Registry – an estimated 17.4% of the people 

whose exposure to the disaster would have made 

them eligible to enroll. The registry includes rescue 

and recovery workers, Lower Manhattan residents, 

area workers, commuters and passersby. 

Overall, half of the registrants reported being in 

the dust cloud from the collapsing towers; 70% witnessed 

a traumatic sight, such as a plane hitting the 

tower; and 13% sustained an injury that day. The 

survey found that, two to three years after these 

experiences, 3% of all adult enrollees reported they 

had developed new asthma, 16% likely had posttraumatic 

stress disorder, and 8% had severe psychological 

distress. The rate of new asthma was 

highest (6%) among rescue and recovery workers 

who worked on the debris pile on 9/11, while the 

PTSD rate was highest among injured (35%), low- 

Many physicians who treat injured workers have 

expressed concern that workers’ compensation carriers 

or self-insured employers routinely ignore 

requests for reimbursement for care, even if the 

Board has determined that the carrier is responsible 

for payment. Reacting to this concern, Workers’ 

Compensation Board Chair Zachary Weiss recently 

issued a statement highlighting the new law enacted 

in 2007. The law gives the Board the ability to certify 

an unpaid administrative or arbitration award it has 

issued so that it may be filed for judgment and 

enforced against the carrier or employer, as if it were 

In accordance with the New York State Public 

Health Law, all licensed physicians and physician 

assistants (PAs) and specialist assistants (SAs) shall 

report adverse events to the Patient Safety Center 

(PSC) of the New York State Department of Health 

(NYSDOH), occurring as a result of the performance 

of office-based surgery (OBS). Such adverse events 

shall be reported to the PSC within one business day 

of the occurrence of such adverse event, except with 

respect to the suspected transmission of bloodborne 

pathogens. 

Failure to report this information, required 

income (31%) and Hispanic (30%) enrollees. In 

general, minorities and low-income enrollees experienced 

higher rates of mental and physical problems, 

as did women. 

“The health impact of 9/11 reached far beyond 

the deaths and injuries that occurred that day,” said 

Lorna Thorpe, Deputy Commissioner for 

Epidemiology at the Health Department. “But 

many of the health issues that have emerged, such 

as asthma and PTSD, are treatable. Free treatment 

is available. Anyone still in need of help should call 

311 or visit nyc.gov.” 

How many people were affected? 

While it is difficult to pinpoint the total number 

of people sickened by the 9/11 attacks of the World 

Trade Center, the new analysis includes estimated 

ranges. Slightly more than 400,000 people were 

heavily exposed to the disaster based on registry 

criteria. The new data suggest that 35,000 to 70,000 

people developed PTSD, and 3,800 to 12,600 people 

may have developed asthma as a result of 9/11. 

Health among workers and residents in 

Lower Manhattan 

Two to three years after the event, 3% of Lower 

Manhattan adult residents and workers had developed 

asthma, according to the new analysis – twice 


Workers’ Comp Board Reminder: 

New Process for Claims Payment 

a judgment entered by a court of law. Chair Weiss’ 

statement provides a link to the form physicians are 

to complete in order to have their unpaid award certified. 

The statement also notes that physicians with 

questions may contact the Office of Health Provider 

Administration at 1-800-781-2362. 

To read the detailed statement by Chair Weiss, 

visit www.wcb.state.ny.us/content/main/Subject- 

Nos/sn046_207.jsp. To obtain a copy of the new HP- 

J1 form for requesting that an award be certified, visit 

www.wcb.state.ny.us/content/main/forms/HPJ1.pdf. 

You Are Now Required to Report Any Adverse Event! 

Meet the new 2008-2009 

county presidents....page 3 

Translating “Medicare fix” 

into real dollars........page 4 

under section 230-d of the Public Health Law, 

falls within the definition of professional misconduct. 

Section 6530(48) of the Education Law 

defines professional misconduct to include a violation 

of section 230-d of the Public Health Law or 

the regulations of Commissioner of Health enacted 

thereunder. 

For more information on the adverse event reporting 

requirements, go to www.health.state.ny.us/professionals/office-based_surgery. 

For forms, go to 

www.health.state.ny.us/forms/doh-4431.pdf. 


6.200 more unreported 

NYS HIV cases........page 5 

Not a MSSNY 

member yet? 

Call 

516-488-6100 

ext. 389 

WTC Health Registry 

Analyses................page 10

Page 2 — MSSNY’s News Of New York— October 2008 

The Political Corner 

By Charles Rothberg, MD, and 

George O. Stasior, MD, MSSNYPAC Co-Chairs 

MSSNYPAC/ AMPAC – A New and Different Partnership 

Since its creation, MSSNYPAC 

has collected dues and transmitted 

those dues on behalf of physicians 

to its federal partner, 

AMPAC. After a great deal of 

discussion between our PAC 

leaders, a very significant change 

has occurred in the structure of 

MSSNYPAC and we will no 

longer collect dues for or transmit 

dues to AMPAC. This change 

will become effective for the 

2009 membership year. 

We Stand Alone 

This past July, our PAC 

Executive Committee voted not 

to renew a collecting agreement 

with AMPAC. This decision was 

reached unanimously after several 

meetings spanning six months 

and was partially in response to 

an upcoming 2009 AMPAC dues 

increase. The ramifications of this decision 

are far reaching and potentially very positive 

for both MSSNYPAC and AMPAC. First, 

we will no longer collect or transmit dues to 

AMPAC on behalf of our members. Instead, 

AMPAC will be able to directly solicit 

physicians in New York State. We will continue 

to encourage contributions and participation 

of our physicians at the federal level 

and AMPAC will continue to use our society 

as its in-state contact for all political contributions 

to Congressional Representatives 

from New York. Secondly, MSSNYPAC is 

no longer bound by the restrictions of the 

Federal Election Commission and, therefore, 

beginning January 1, 2009, may solicit and 

receive contributions from any interested 

person or corporation, beyond just the members 

of MSSNY. 

Contribution Levels Remain Stable 

Thirdly, MSSNYPAC has opted not to 

change its own suggested contribution level 

for 2009 and, therefore, we expect to retain 

all monies that would have ordinarily been 

sent to AMPAC. We will be able to use these 

monies exclusively for state political action 

and thereby increase our power proportionately. 

We fully expect this to be a win-win 

situation for both AMPAC and MSSNYPAC 

and foresee little change in the positive relationship 

we now enjoy with our federal partner. 

At this time, MSSNY has no plans to 

sponsor a separate federal PAC but will continue 

to work closely with AMPAC. 

Fundraisers, Too 

On the political front, MSSNYPAC has 

taken on the task of organizing fundraisers 

Dr. Charles Rothberg, 

MSSNY-PAC Chair 

Dr. George O. Stasior, 

MSSNY-PAC Chair 

Taking Care of Patients 

for several key Senate races. 

Legislators who share our view of 

what is best for New York’s health 

system and our patients are seeking 

the support of physicians for the 

general election in November. It is 

critically important that we answer 

their call with our support, action 

and contributions. The General 

Election this November is the most 

crucial election in generations. The 

margin of power in the New York 

State Senate is so small that every 

individual, every vote, every dollar 

will make a huge difference. All this 

is occurring against a backdrop of 

tremendous economic uncertainty 

both at the state and federal levels. 

This uncertainty will clearly drive 

the voter’s choice on November 4. 

Informed Decisions Required 

Indeed, the economic concerns of 

voters are inextricably tied to the issues normally 

at the forefront of the political debate 

– education and health care. Physicians must 

carefully examine the candidates’ positions 

in order to make the most informed personal 

choice possible. Equally important, physicians 

should recognize that their views carry 

weight in the community. Your patients, 

your friends, and your neighbors can benefit 

from your unique ability to understand the 

problems in the health care system and the 

role of government in solving these problems. 

As your co-chairs, we regularly tell 

you how much your MSSNYPAC needs 

your financial help. 

Get Involved. Stay Involved. 

But your profession also needs you to 

become personally involved in the public 

debate now going on. It is this debate which 

will determine the outcome on November 4 

and the road we take thereafter. Politics and 

government should be shaped by informed 

discussion and dialogue and physicians have 

a right and obligation to participate in that 

process. 

MSSNY-PAC is a bi-partisan political 

action committee run by physicians, with student 

and Alliance representation. Our goal, 

in conjunction with the American Medical 

Association’s AMPAC, is to support and elect 

pro-medicine candidates to state and federal 

office. Participation is open to contributors 

who are physician members of the MSSNY, 

their spouses, and medical students; part of 

your MSSNY-PAC dues supports the AMPAC. 

PAC dues are not tax deductible. You can 

contact Jennifer Wilks at MSSNY’s Division 

of Governmental Affairs at 518-465-8085 or 

mssnypac@mssny.org. 

“It has been a long and winding road, but today we celebrate that Congress 

heard the voices of millions of patients and physicians and voted to override 

President Bush’s veto and protect the health of America. We thank the bipartisan 

majority in Congress who voted to put patients first. 

The 10.6 percent cut in payments to physicians who treat Medicare patients 

would have been devastating to seniors and the disabled who rely on Medicare 

for the health care they need, as well as to military families who rely on TRI- 

CARE for their health care. 

This congressional debate underscores the need for lawmakers to permanently 

replace the flawed Medicare physician payment formula so physicians can focus 

on the real work at hand: taking care of patients.” 

Nancy H. Nielsen, MD 

President, American Medical Association 

July 15,2008

David Shulan, MD 

Albany County Medical Society 

David Shulan, MD, was 

recently elected president 

of the Medical 

Society of the County of 

Albany. 

Dr. Shulan is a native of 

Akron, Ohio, graduating 

from Northwestern 

University in 1973 with a 

Dr. David Shulan 

Bachelor of Arts degree 

and again in 1974 with a 

Master of Science degree. He went on to graduate 

from Medical College of Ohio in 1980. 

He is board certified in both internal medicine 

and allergy and immunology. He is an assistant 

clinical professor at Albany Medical 

College. 

Dr. Shulan is a practicing allergist and partner 

at Certified Allergy Consultants. Aside 

from his activities with the Medical Society, 

Dr. Shulan is also the counselor at large for the 

Hudson Valley Region of the New York 

Chapter of the American College of 

Physicians. He resides in Delmar with his 

wife, Dr. Mollie Shulan. The Shulans have 

two children. 

Madan Paul Bhatia, MD 

Bronx County 

Medical Society 

Madan Paul Bhatia, MD, 

who goes by Dr. Paul, 

was recently elected 

president of the Bronx 

County Medical Society. 

Dr. Paul was born in the 

Dr. Madan Paul Bhatia 

2008-2009 County Medical Society Presidents 

Recently, many of the county medical societies around the state elected their new slate of officers for the 2008-2009 term. 

Below are some of the newly elected presidents that MSSNY would like to congratulate 

countryside of Punjab, 

India and graduated 

from Maulana Azad Medical College in New 

Delhi, India. He then moved to pursue an 

internship in Canada. After this, Dr. Paul completed 

an internal medicine residency in New 

York City and then a nephrology fellowship at 

Beth Israel Medical Center in New Jersey, 

earning board certification in both areas. With 

interests in long-term care and geriatrics medicine, 

to which he is certified and recertified in 

both, Dr. Paul has an active practice in the 

south Bronx and is affiliated with Saint 

Barnabas Hospital and Bronx Lebanon 

Hospital and Medical Center. 

Active in the community, he has served as a 

member of the board of directors for the Mid- 

Bronx Senior Citizen Council for the past 25 

years. Dr. Paul is also currently the medical 

director of the Concourse Plaza Senior Citizen 

Housing, and a member of the board of directors 

of the Hope of Israel Senior Citizen Center. 

Aamid Rasheed, MD 

Broome County Medical Society 

Aamir Rasheed, MD, was elected president 

of the Broome County Medical Society on 

May 22, 2008 at the Society’s Annual Meeting 

in Binghamton. 

Dr. Rasheed received his medical degree 

from Sindh Medical College, University of 

Karachi, Karachi, Pakistan. His residency was 

completed at Marwat General Hospital in 

Karachi. He then moved to Cleveland, Ohio to 

the Meridia Huron Hospital as an intern and 

then to Pittsburgh, Pennsylvania for a residency 

in neurology at the University of Pittsburgh 

School of Medicine. This was followed by a 

fellowship in Cerebrovascular Disorder at the 

University of Pittsburgh Medical Center 

Stroke Institute. He worked in private practice 

in Detroit before joining the Broome County 

Medical Society in 1999. He is board certified 

in psychiatry and neurology. 

Edward K. Bartels, MD 

Erie County Medical Society 

Edward K. Bartels, MD, 

was recently elected president 

of the Erie County 

Medical Society. 

Dr. Bartels, who is board 

certified in obstetrics and 

gynecology, graduated 

from Canisius College 

Dr. Edward K. Bartels 

and received his medical 

degree from the 

University of Buffalo, School of Medicine. He 

completed his internship and residency at the 

University of Rochester. 

Dr. Bartels is presently an attending physician 

at Sisters of Charity Hospital in Buffalo, 

where he is also chairman of its Obstetrics & 

Gynecology Quality Committee. He also has 

attending privileges at Kenmore Mercy 

Hospital in Kenmore, Millard Fillmore 

Hospital in Buffalo, and Buffalo Women’s & 

Children’s Hospital in Buffalo. 

Previously, Dr. Bartels served as a clinical 

assistant instructor at SUNY Buffalo and was 

president of the medical staff at Sisters of 

Charity Hospital. 

Mark J. Adams, MD 

Monroe County Medical Society 

Mark J. Adams, MD, 

MBA, was recently elected 

president of the 

Monroe County Medical 

Society. 

Dr. Adams is a radiologist, 

professor and associate 

chair of Imaging 

Dr. Mark J. Adams 

Sciences at the University 

of Rochester School of 

Medicine and Dentistry. 

A Fellow of the American College of 

Radiology, Dr. Adams is past president of the 

New York State Radiological Society and the 

Rochester Roentgen Ray Society. Currently, he 

is a councilor for the New York Chapter of the 

American College of Radiology, a member of 

the Council Steering Committee for the 

American College of Radiology, an invited 

member of the Executive Committee for the 

New York State Radiological Society, on the 

Radiology Technologist Advisory Committee 

for the Bureau of Environmental Radiation 

Protection of the NYS Department of Health, 

and he serves on a variety of state and national 

medical and radiological society committees. 

In addition to being an officer and a member 

of the Executive Committee of the Monroe 

County Medical Society and a member of 

MSSNY and the AMA, Dr. Adams serves as a 

delegate from Monroe County to the annual 

MSSNY House of Delegates meeting. 

Locally, Dr. Adams serves as a member of the 

Advisory Board for the Radiologic 

Technology Program at Monroe Community 

College and is a member of the radiology subcommittees 

for the local physician associations. 

He also serves on a number of Monroe 

County Medical Society and MSSNY committees 

and task forces. 

Dr. Adams resides in Fairport, NY. 

Gerald Ente, MD 

Nassau County Medical Society 

Gerald Ente, MD, was recently elected as 

the 87th president of the Nassau County 


Dr. Ente earned his pre-med degree from 

Union College and graduated from N.Y.U. 

Medical School in 1955. He completed his 

residency programs in New York City. 

Dr. Ente served three years as a Captain in 

the US Army where he was Chief of Pediatrics 

at Tokyo Army Hospital 

and his residency in neu- 

in Japan. He then came to 

rology at Columbia 

Long Island, where he has 

Presbyterian Medical 

practiced pediatrics in 

Center. He has been a 

Jericho, Westbury and 

proud and active mem- 

currently Mineola. He has 

ber of the Richmond 

won teaching awards at 

County Medical Society 

NUMC and Winthrop 

since 1989, serving on 

Dr. Gerald Ente 

University Hospital. Dr 

Ente is chief surgeon for 

Dr. Allan B. Perel 

many medical society 

committees. 

the NYS Fraternal Order of Police. 

He has been the director of the Multiple 

Sclerosis Center of Staten Island for over 16 

Malcolm Z. Roth, MD 

years and has served as the director of the 

New York County Medical Society American Parkinson’s Disease Information 

Malcolm Z. Roth, MD, a and Referral Center of Brooklyn since 2001. 

board-certified plastic He was director of neurology at Staten Island 

surgeon, was recently University Hospital from 1999 through 2006 

installed as the 170th and was the founder and first director of the 

president of the New Staten Island University Hospital 

York County Medical Comprehensive Stroke Unit from July 1995 

Society. 

through June 2006. Dr. Perel was instrumental 

Dr. Roth is a Fellow of in the Staten Island University Hospital Stroke 

Dr. Malcolm Z. Roth 

the American College of 

Surgeons, and clinical 

Center designated by the New York State 

Department of Health (2005). 

assistant professor at both SUNY–Brooklyn Presently, he is the chief of neurology at 

and the New York College of Osteopathic Richmond University Medical Center. Dr. 

Medicine. He is board certified in plastic Perel oversees the Neurology Department and 

surgery and the subspecialty of surgery of the New York State Designated Stroke Center. He 

hand. He is a graduate of New York Medical was president of the American Heart 

College, and is director of the Division of Association Staten Island Division from July 

Plastic Surgery at Maimonides Medical 2000 through 2003 and is a member of the 

Center. He is also an assistant attending at Steering Committee on Stroke of the 

Beth Israel Medical Center. 

American Heart Association (NYC Chapter). 

The Society’s new president has a history of Dr. Perel is chairman of the Board of the 

leadership in organized medicine. He is cur- Staten Island Heart Society and chairman of 

rently on the Federal Affairs Committee of the the Professional Advisory Committee of the 

American Society of Plastic Surgeons. He is Alzheimer’s Association. 

past chair of the Board of Governors for the Dr. Perel, a clinical associate professor of 

Political Action Committee of that Society. He neurology at SUNY-Downstate and New York 

is past president of the New York Society for Medical College, maintains a practice in the 

Surgery of the Hand. He is a past chair of the New Dorp area of Staten Island and resides on 

New York Academy of Medicine’s Plastic Staten Island with his wife Susan and their 

Surgery Section, and past president of the two sons, Harrison and Evan, and their daugh- 

medical staff at Brookdale University Hospital 

and Medical Center. Dr. Roth has served the 

ter, Jacqueline. 

Society as a delegate to the Medical Society of Louis Snitkoff, MD 

the State of New York, and as a member of the Schenectady County Medical Society 

Executive Committee, Board of Directors, and Louis Snitkoff, MD, a native of Brooklyn, 

Government Affairs Committee. 

New York, was recently 

elected president of the 

Ernest Levy, MD 

Schenectady County 

Otsego County Medical Society 


Ernest Levy, MD, was elected president of 

An alumnus of Union 

the Otsego County Medical Society on June 

College in Schenectady, 

12, 2008 at the Society’s Annual Meeting in 

Dr. Snitkoff received his 

Oneonta. 

Bachelor of Science 

Dr. Levy received his Doctor of Medicine 

degree from the University of the Dr. Louis Snitkoff 

degree in 1973. He studied 

medicine at SUNY 

Witwatersrand Medical School in Health Sciences Center in Brooklyn, graduat- 

Johannesburg, South Africa and completed his ing with honors in 1977. 

medical training at Addington Hospital, He served his residency in internal medi- 

Durban and Johannesburg General Hospital. cine at Albany Medical Center from 1977- 

He pursued further training in neurosurgery at 1979 and was a chief medical resident from 

Johannesburg General Hospital and at the 1979-1980. He entered the practice of general 

Institute of Basic Medical Science Royal internal medicine in Schenectady in 1980, and 

College of Surgeons, England. He has prac- is now medical director of CapitalCare 

ticed in Israel, England and South Africa. He Medical Group. 

came to the United States in 1988 and has Dr. Snitkoff has been a volunteer for the 

served as chief of neurosurgery at A.O. Fox American Cancer Society for 25 years and is 

Hospital in Oneonta since 1993. He is certified currently secretary of the Capital Region 

in neurosurgery by the South African Board Advisory Board and chair of the Patient and 

and is a Fellow of the Royal College of Family Services Committee. He is chairman of 

Surgeons. 

the Healthcare Information Xchange of New 

York (HIXNY), a Regional Health Information 

Organization in Upstate New York. 

A Fellow of the American College of 

Physicians, his professional memberships 

include the American College of Physician 

Executives and the International Society for 

Clinical Densitometry. 

Allan B. Perel, MD 

Richmond County Medical Society 

Allan B. Perel, MD, was recently elected as 

the 202nd president of the Nassau County 


Dr. Perel received his medical school 

degree at the State University of New York 

Downstate Medical Center. He completed his 

internship at Staten Island University Hospital 


October 2008 — MSSNY’s News Of New York— Page 3



MEDICAL SOCIETY 

OF THE STATE OF NEW YORK 

Michael H. Rosenberg, MD President 

Anne C. Cea, MD Chairman of the Board 

William Abrams, Esq. Executive Director 

Philip A. Schuh, CPA Chief Operating/Financial Officer 

COMMITTEES ON MEMBERSHIP PUBLICATIONS 

AND COMMUNICATIONS 

William R. Latrielle, Jr., MD, Chair 

Malcolm D. Reid, MD, MPP, Vice-Chair 


Published by Medical Society of the State of New York 

Executive Vice President, Communications 

and Member Relations 

Thomas M. Donoghue, Director 

tdonoghue@mssny.org 

News of New York Staff 

Christina Cronin Southard, Editor 

csouthard@mssny.org 

Kelly Kleine Zenker, Assistant Managing Editor 

kkzenker@mssny.org 

Lynda Lees Adams, Media/Public Relations Coordinator 

ladams@mssny.org 

Steven Sachs, Web Administrator 

ssachs@mssny.org 


ADVERTISING REPRESENTATIVES 

For general advertising information contact 

Christina Cronin Southard 

Phone 516-488-6100 ext 355 

csouthard@mssny.org 

The News of New York is published monthly as the official publication of the Medical 

Society of the State of New York. Information on the publication is available from the 

Communications Division, Medical Society of the State of New York, 420 Lakeville 

Road, Lake Success, NY 11042. 

The acceptance of a product, service or company as an advertiser or as a membership benefit 

of the Medical Society of the State of New York does not imply endorsement and/or 

approval of this product, service or company by the Medical Society of the State of New 

York. The Member Benefits Committee urges all our physician members to exercise good 

judgment when purchasing any product or service. 

Although MSSNY makes efforts to avoid clerical or printing mistakes, errors may 

occur. In no event shall any liability of MSSNY for clerical or printing mistakes exceed 

the charges paid by the advertiser for the advertisement, or for that portion of the advertisement 

in error if the primary or essential message of the advertisement has not been 

totally altered or substantially rendered meaningless as a result of the error. Liability of 

MSSNY to the advertiser for the failure to publish or omission of all or any portion of 

any advertisement shall in no event exceed the charges paid by the advertiser for the 

advertisement, or for that portion of the advertisement omitted if the primary or essential 

message of the advertisement has not been totally altered or substantially rendered 

meaningless as a result of the omission. MSSNY shall not be liable for any special, indirect 

or consequential damages, including lost profits, whether or not foreseeable, that 

may occur because of an error in any advertisement, or any omission of a part or the 

whole of any advertisement. 


AT YOUR SERVICE 

MSSNY’S LAKE SUCCESS OFFICE 

Main Phone Number .....................................516-488-6100 

Toll Free Number ..........................................800-523-4405 

Main Fax Number .........................................516-488-1267 

MSSNY Website ........................................www.mssny.org 

EXTENSIONS FOR SPECIFIC SERVICES: 

Alliance ........................................................................396 

Communications ............................................................351 

Computer Information Systems.....................................361 

Legal Counsel ................................................................352 

Member Benefits/Marketing..........................................424 

Membership Information ...............................................336 

Medical, Educational & Scientific Foundation .............306 

Office of the Executive Vice President .........................308 

Ombudsman Claims Assistance.....................................318 

Physician Records/Credentials ......................................367 

Policies and Bylaws .......................................................309 

Socio-Medical Economics .............................................332 

ALBANY OFFICE: 

Continuing Medical Education ..........518-465-8085 ext.17 

Public Health Committees ................518-465-8085 ext. 11 

Governmental Affairs....................................518-465-8085 

Fax .................................................................518-465-0976 

OTHER NUMBERS: 

Committee for Physicians’ Health................800-338-1833 

Dispute Resolution Agency...........................516-437-8134 

Page 4 — MSSNY’s News Of New York — October 2008 

Translating the “Fix” into Real Do lars 

Dr. Michael 

Rosenberg 

Recently, on a visit to a hospital 

medical staff meeting in Brooklyn, I 

was asked if I knew the total monetary 

benefit that doctors realized, 

considering that the 10.6% reduction 

did not become effective on July 1, 

2008 for the Medicare Physician 

Fee-for-Service Fee Schedule. 

Although I could not go through all 

the varieties of this theme, the most 

often used AMA-CPT code for a 

physician is the routine office visit for an established 

patient, also known as 99213. If the 10.6 % reduction 

had been implemented for the Medicare fee schedule, 

physicians might have seen the following with regard to 

their Medicare Part B fee-for-service income on just this 

single service for the July through December 2008 timeframe 

(From January 2009 through December 2009. We 

won a small increase in our fees, so these changes are 

likely to be magnified.): 

For Area 1, which is defined as Manhattan, the participating 

physician fee schedule for 99213 would have been 

reduced from $70.36 to $62.94. This would have been a loss 

of $7.42 per visit. 

For Area 2, which includes the Bronx, Brooklyn, Staten 

Island, Nassau, Suffolk, Rockland and Westchester 

Counties, the participating physician fee schedule for 

99213 would have been reduced from $69.89 to $62.51. 

This would have been a loss of $7.38 per visit. 

For Area 3, which includes Columbia, Delaware, 

Dutchess, Greene, Orange, Putnam, Sullivan, and Ulster 

Counties, the participating physician fee schedule for 

99213 would have been reduced from $62.35 to $55.77. 

LETTER TO THE EDITOR 

The AMA’s Council on Ethical and Judicial Affairs 

discussed the issue of physicians providing on-call 

coverage for hospitals with or without forced coverage 

under the Medical Staff Bylaw “pay” at the Annual 

Meeting in June. 

More than 75% of the nation’s hospitals have a lack 

of adequate on-call coverage, especially with respect to 

specialists. 

In hospitals where taking ER call is required in the 

medical staff bylaws, hospitals often use EMTALA as a 

“club” to beat physicians into submission threatening to 

take action against physicians who balk because physicians 

often suffer financial loss when oncall. 

Now, in addition to low pay (or financial loss) for 

taking on-call, increased risk of litigation and increased 

risk of being accused of EMTALA violations, and 

“entitled” patients who often do not really appreciate 

the time and effort on-call physicians invest in serving 

them, we are just beginning to learn about the physical, 

cognitive and psychological effects of long-term 

chronic partial sleep-deprivation. 

Being on-call may be bad for the physician’s health 

(especially considering that there are a substantial 

number of physicians who take call every second or 

third night). 

Frequent on-call (i.e., every second or third night) 

may also increase medical errors. The study comparing 

sleep-deprived physicians with physicians who had 

consumed alcohol was particularly enlightening. 

Is it any wonder that many younger physicians don’t 

feel automatically obliged to be on call for emergencies 

and volunteer their services? 

Lawrence R. Huntoon, MD, PhD. 

Editor-in-Chief 

Journal of American Physicians and Surgeons 

Derby, NY 

PRESIDENT’S COLUMN 

This would have been a loss of $6.58 per visit. 

For Area 99, which contains the 45 counties in Upstate 

NY, the participating fee schedule for 99213 would have 

been reduced from $57.02 to $50.92. This would have 

been a loss of $7.90 per visit. 

By providing approximately 100 routine office visits to 

established patients (less than one week’s work for many 

of our primary care colleagues), non-member physicians 

could pay their county and state membership dues based 

on this one service alone. 

Solely through the long-term, tenacious efforts of organized 

medicine, Congress was convinced to negate the 

anticipated 10.6% reduction to the Medicare Physician 

Fee-for-Service Fee Schedule. Even more impressive was 

Congress’ willingness to override a Presidential veto, 

something all too rare in the past eight years. This activity 

by itself should be reason enough for non-members who 

benefited from this activity to join organized medicine. 

There are two other important points to keep in mind. 

First, whatever changes Congress has in store for the 

Medicare program in January 2010, they would have been 

based on the new rate (including the 10.6% cut) and any 

subsequent changes would be magnified. Second, most of 

the managed care programs utilize the Medicare fee schedule 

as a benchmark against which they base their own fees, 

and so the lost revenue would have been amplified across 

almost every payer besides patients and Medicaid. 

If you are speaking to non-member colleagues, you 

might want to share this information with them, and ask 

them for how much longer are they willing to eat their 

meals off of their neighbors’ plate. 

Michael Rosenberg, MD 

MSSNY President 

APA Offering Seminars in Albany 

Re Returning Combat Veterans 

The NYS Capital District Branch of the American Psychiatric 

Association will offer a series of evening seminars on issues facing 

returning combat veterans for physicians and community mental 

health providers. The series, titled, “Helping to Heal: Issues 

Facing Returning Combat Veterans,” will be held on November 

5, 2008, January 28, 2009 and March 25, 2009 from 7-9 pm at 

Albany Medical Center at 6 pm. Each seminar covers a topic important 

for understanding, communicating with and treating returning 

combat veterans. Two hours of continuing medical education credit 

will be available for each seminar and there is no fee, but advance 

registration is required. Physicians may register for the seminars by 

contacting: db28apa@gmail.com. Reservations will be confirmed 

by e-mail along with directions if needed. Seating is limited. 

The following topics will be addressed during the four part seminar 

series: 

November 5, 2008 — Traumatic Brain Injury: Brigadier 

General Loree Smith, MD, Director, Department of Defense, 

Center for Excellence, Psychological Health and Traumatic Brain 

Injury. *If unforeseen circumstances do not allow Brigadier 

General Sutton to attend, she will send a representative from the 

Center. 

January 28, 2008 — VA Services for Returning Combat 

Veterans Determining Fitness for Duty: Jennifer Audette, LCSW, 

Operation Enduring Freedom (OEF), Operation Iraqi Freedom 

(OIF); Outreach Coordinator, Albany VA Medical Center; Greg 

Masiello, PhD, Director, Veterans Center, Colonie, NY; Barbara 

Bates, MD, Medical Director, Polytrauma Clinic, Albany VA 

Medical Center; Paul Mabry, MD, Field Surgeon, NY National 

Guard. 

March 25, 2008 — Challenges Facing the Family: Beverly 

Keating, Director, Family Programs, NY National Guard; Jennifer 

Courtney, PhD, Family Education, PTSD Program, Albany VA 

Medical Center; Karen Voss, LCSW, Family Education, PTSD 

Program, Albany VA Medical Center. 

Albany Medical College is accredited by the Accreditation 

Council for Continuing Medical Education (ACME) to provide continuing 

medical education for physicians. The Albany Medical 

College designates this educational activity for a maximum of 8 

AMA PRA Category 1 Credits. 

The NEWS of NEW YORK ISSN 0028-9264, Periodical POSTAGE PAID at New Hyde Park and other additional mailing offices. The NEWS of NEW YORK is published 

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420 Lakeville Road, Box 5404, Lake Success, NY 11042. Subscription, $36.00 non-members, $18.00 members.

Dr. Carpenito Receives UHF Award 

Pietro Carpenito, MD, recently received the United Hospital Fund’s 

Distinguished Trustee Award. Dr. Carpenito of Richmond University 

Medical Center was among the prominent New York leaders in business, 

medicine, and law, as well as those involved in human services and volunteerism 

that were recognized for their leadership, guidance, and extraordinary 

service to the city’s not-for-profit and municipal hospitals. 

Dr. Carpenito, vice president for Medical Affairs, is the chairman of the 

Department of Anesthesiology at Richmond University Medical Center, 

Dr. Pietro Carpenito 

a post he has held since 2000. A native of Italy, Dr. Carpenito began his 

career as a general practitioner and public health officer in the town of 

Lari, Pisa, Italy. He came to Staten Island in 1985 and became an attend- 

ing anesthesiologist at the former St. Vincent’s Hospital. He is a Diplomat of the American 

Board of Anesthesiology, and a member of the New York State Society of Anesthesia, the 

International Research Society, the Richmond County Medical Society, the Medical Society of 

the State of New York and the American Medical Association. 

He and his wife, Helen, have five children. 

Dr. Strange Receives Prestigious Awards 

Theodore Strange, MD, an associate chairman of the Department of 

Medicine for Staten Island University Hospital, was among this year’s 

recipients of the 2008 Ellis Island Medal of Honor presented by the 

National Ethnic Coalition (NECO) in New York City. Established in 

1986, the award heralds the immigrant experience and lauds individuals 

from various ethnic backgrounds. 

Board certified in internal medicine and geriatrics, Dr. Strange has built 

a well-established private practice. Dr. Strange has maintained active 

participation in the Richmond County Medical Society and served as 

Dr. Theodore Strange 

MEMBERS IN THE NEWS 

president from 1998-1999. 

Dr. Strange serves as clinical associate professor of medicine at the State 

University of New York Health Science Center at Brooklyn, where he 

received his degree in medicine. He completed his residency in internal medicine at Staten 

Island University Hospital. 

He has also been recognized by his peers through such awards as the Staten Island Heart 

Society’s Excellence in Medicine Award, the Academy of Medicine’s Master Fellow Award and 

the American Medical Association’s Physicians Recognition Award. 

6,200 More HIV Cases 

in New York than 

Previously Reported 

There are 6,200 more HIV cases in New 

York than previously thought, state officials 

revealed August 4 following an 

announcement by federal officials that 

cases of the infection had been significantly 

underreported. 

Although health officials in Nassau and 

Suffolk counties were unable to say 

whether there were substantial changes in 

Long Island’s HIV’s statistics, local experts 

reiterated that people with HIV infection 

are facing new burdens in a challenging 

economy. 

Scientists from the Centers for Disease 

Control and Prevention reported August 2 

that 56,300 people nationwide became 

infected with HIV in 2006, compared with 

the 40,000 the agency recently cited as the 

official figure. Federal scientists used a new 

and more precise laboratory method that 

distinguishes recent from long-standing 

HIV infections. 

Details of the new technology were published 

in the August 6 Journal of the 

American Medical Association. The technology 

allowed state health officials to 

reassess its statistics. 

MSSNY Website Provides Resources 

The Medical Society of the State of New 

York promotes HIV testing and counseling 

as an important tool in the public health 

response to AIDS. The MSSNY website 

(www.mssny.org) public health section on 

HIV/AIDS contains links to sites where 

people can receive HIV testing and counseling; 

information in regard to new 

research treatments; various clinics (family 

planning, tuberculosis, sexually transmitted 

diseases, prenatal and gynecological care, 

drug treatment, etc.); community health 

centers and hospitals; and, other resources 

available to physicians in their fight against 

this deadly epidemic. 

NPI Special Edition of 

Medicaid Update 

Released 

The New York State Department of Health 

Office of Health Insurance Programs recently 

published a National Provider Identifier (NPI) 

Special Edition of the Medicaid Update. This 

13-page Special Edition was produced to offer 

the Medicaid provider community with a compilation 

of important Medicaid NPI information 

on a variety of topics that will assist them 

in complying with Medicaid NPI implementation 

requirements. Topics covered in this 

Special Edition include: the “Impact of 

Provider’s Chosen Enumeration Strategy,” 

“Claiming and Processing Information You 

Need to Know,” etc. and more than three 

pages of answers to NPI frequently asked 

questions. It is important to note that NYS 

Medicaid implemented their NPI System 

Changes September 1, 2008. The NPI Special 

Edition can be accessed online at 

www.nyhealth.gov/health_care/medicaid/program/update/2008/docs/npi-specialedition.pdf 

CMS Form 1500 Offering 

Web-Based Course 

The CMS Form 1500 Web-based Training 

course has been updated (July 2008) and is 

now available from the Centers for 

Medicare & Medicaid Services Medicare 

Learning Network. This course provides 

information that will allow you to file 

Medicare Part B claims accurately and 

reduce your chances of receiving unprocessable 

rejections. 

To access this Web Based Training 

Course, visit www.cms.hhs.gov/mlngeninfo/, 

scroll down to “Related Links Inside 

CMS” and select “Web-based Training 

Modules,” and scroll down to “Office 

Management Information” to select this 

training. 


The passage of New York’s Office-Based 

Surgery (OBS) Law on July 14, 2007 (Public 

Health Law §230-d) was significant for 

physicians in New York State who perform 

procedures or surgeries in an office setting, as 

a cost effective alternative to procedures in a 

hospital/Article 28 setting. The new law does 

not discuss the economic impact of becoming 

an accredited OBS facility (accreditation is 

required to occur on or before July 14, 2009), 

or the legitimacy of reimbursement for 

facility fees. However, the law’s potential 

economic impact on physicians is substantial, 

both in the cost that must be incurred to 

become accredited and the cost to put additional 

systems in place to improve the standard 

of care. 

Facility Fee Reimbursment 

What is clear from our most recent meeting 

with the Department of Health (DOH) (in 

conjunction with the leadership of MSSNY in 

July 2008) and the updates on the DOH website, 

is that the DOH has recognized that facility 

fee reimbursement is not prohibited under 

New York State law. Rather its is a permissible 

negotiation between carrier and provider, 

provided full disclosure is provided to the carriers 

about the accredited nature of the practice. 

As background to the continuing evolution 

of this issue, the OBS Law (Public Health 

Law §230-d) requires accreditation and 

adverse event reporting for physicians who 

perform “office based surgery,” as that term is 

defined in the statute. [1] The adverse reporting 

requirement became effective for offices performing 

covered procedures or surgeries as of 

January 14, 2008, notwithstanding their 

accreditation status. In fact, already recalcitrant 

offices have been notified of investigations 

by the DOH related to their failure to 

make statutory reports in accordance with 

Public Health Law, §230-d, thereby subjecting 

them to possible licensure sanction. 

The Accreditation Process 

At this point, there are three accrediting 

organizations which have been approved by 

the DOH, specifically: the Joint Commission, 

the Accreditation Association for Ambulatory 

Health Care (AAAHC) and the American 

Association for Accreditation of Ambulatory 

Surgery Facilities, Inc. (AAAASF). 

Regardless of which state-approved accreditation 

agency is used, the accreditation 

process takes time (many of our clients have 

reported a three- to four-month process from 

application to accreditation). Therefore, 

physicians interested in continuing to perform 

office-based surgeries or procedures should 

begin the process now in order to complete 

the process before the July 14, 2009 deadline, 

which is rapidly approaching. The sooner 

accreditation is completed, the sooner physicians 

can safely continue to perform such procedures 

in their office without fear that the 

accreditation process will not be concluded 

by the statutory deadline. Failure to become 

accredited by such deadline and continuing to 

perform such procedures thereafter in an 

unaccredited office will expose physicians to 

potential sanctions under the professional 

licensure statute in New York. 

Non Surgery Portion Exempted 

Typically, in order to achieve accreditation, 

the accrediting organization will 

require a “corporate organization” to under- 


OBS Legal Update 

By Scott I. Einiger, Esq., Stacy A. Steinberg, Esq., Stacey J. Lipitz, Esq. 

go the accreditation process. Although a 

physician may choose to perform OBS within 

his/her medical practice, and it is not 

legally required that a separate entity be created 

exclusively for OBS, it is generally recommended 

since the statute does not require 

that the portion of a physician’s practice not 

performing surgery or procedures be included 

in the accreditation process. 

Seperate Entity Advised 

A separate professional entity earmarked 

for OBS is legally advisable for a host of 

reasons, including risk management, asset 

protection, professional liability avoidance, 

marketing, etc. Historically, the insurance 

companies have requested that a medical 

practice billing facility fees form a separate 

entity to “house” its OBS and for facility fee 

reimbursement purposes. In light of this 

request from the carriers, and the DOH opinion 

of March 21, 

2006 described 

below, many 

physicians performing 

OBS 

have formed a 

separate professional 

entity for 

their OBS practice. 

In a March 21, 

2006 DOH opinion, 

Don Berens, 

then DOH general 

counsel, 

examined the 

question of 

whether a general 

business corporation 

could 

bill for facility 

fees. [2] The DOH 

concluded that generally speaking, billing of 

facility fees by a general business corporation, 

which then shared its revenues with a 

physician, could be construed as a violation 

of the corporate practice of medicine doctrine 

and could constitute illegal fee splitting. 

[3] For that reason, and those reasons referenced 

above (quality assurance, marketing, 

risk management, identification to the 

carrier, etc), it was, and continues to be, recommended 

that OBS practices be structured 

as professional entities. [4] 

Corporate Structure Issue 

Most recently, the DOH raised concern 

about the corporate structure of OBS practices 

as professional entities. Through a 

recent e-mail exchange on a healthcare law 

list serve, and for the first time in nearly two 

years, the DOH, through senior attorney, 

Michele Petruzzelli, has weighed in on the 

issue of corporate structure. The DOH commented 

that an OBS facility should not be 

set up as a distinct professional entity separate 

from the existing medical practice if 

done solely for billing purposes. In other 

words, the DOH cautioned against a mere 

billing “shell.” 

Nearly simultaneously with this 

exchange, the DOH updated the “Frequently 

Asked Question” (FAQ) section of its website 

on June 5, 2008 to indicate that it might 

be illegal billing fraud for an OBS practice 

to bill third party insurers for a facility fee 

under a different corporate entity, such as a 

business corporation or a professional cor- 

poration, especially if the rate has not been 

negotiated with the third party insurer (See 

FAQ 45). As per the DOH website, “Only 

the OBS practice should be submitting bills 

to third party insurers.” [5] 

In order to clarify the DOH’s opinion on 

appropriate corporate structure and facility 

fee reimbursement issues for OBS practices, 

a meeting was held on July 14, 2008, when a 

senior partner from Abrams Fensterman, et 

al, Scott Einiger, Esq., traveled to Albany 

with MSSNY General Counsel Don Moy, 

Esq., Dr. Scott Tenner (president of the New 

York State Society for Gastrointestinal 

Endoscopy), and other interested parties to 

meet with Tom Conway, Esq., the general 

counsel of the DOH and his team. The meeting 

was comprehensive and touched upon 

significant topics related to OBS, including 

facility fee reimbursement, corporate structure 

concerns and a request by the DOH for 

further data to 

The problem remains that if 

carriers do not pay accredited 

OBS practices, there may well 

be a crisis in access to health 

care. Physicians may refuse to 

perform such office-based procedures 

and would have no 

incentive to become accredited 

by July 2009 if they are not 

reimbursed adequately for their 

additional accreditation, 

operation and other expenses. 

evaluate the components 

of facility 

fee reimbursement. 

MSSNY and the 

consortium of 

healthcare attorneys 

attempted to 

demonstrate at 

this meeting that 

the OBS professional 

entity 

would not be 

formed as merely 

a billing “holding 

company,” but 

rather would be 

set up as a separate 

professional 

entity for reasons 

such as identification 

to the carrier, asset protection, cost 

containment, quality of care, access to care, 

risk management, civil and licensure protection, 

and clear differentiation from the medical 

(non-surgical) practice for accreditation 

purposes. The DOH highlighted that it must 

be apparent that the professional OBS is 

practicing and rendering professional services, 

and not merely formed to charge a fee 

for “bricks and mortar” (e.g. facility fee) or 

administrative/operational/non-professional 

services. 

Billing and Reimbursement 

Most significantly, the DOH confirmed 

that facility fee billing and reimbursement by 

OBS practices is neither prohibited nor 

required by New York State law, and does 

not require a written contract between the 

carrier and provider. Rather, the provider can 

negotiate with the carrier directly to pay a 

facility fee so long as he or she fully discloses 

that the OBS practice is accredited 

through one of the approved accrediting 

organizations, and is not an Article 28licensed 

entity. 

Notably, the DOH indicated that it will not 

advocate that facility fees must be paid to 

individual practices by carriers, and that a 

legislative amendment would be needed in 

order to require facility fee reimbursements 

to physicians who obtain OBS accreditation. 

The problem remains that if carriers do not 

pay accredited OBS practices, there may 

well be a crisis in access to healthcare. 

Physicians may refuse to perform such 

office-based procedures and would have no 

incentive to become accredited by July 2009 

if they are not reimbursed adequately for 

their additional accreditation, operation and 

other expenses. This may well result in 

offices refusing to provide services well suited 

in the office setting like endoscopy. 

Conclusion 

Although the meeting with the DOH was 

certainly informative, many issues remain 

unresolved, specifically regarding corporate 

structure. As such, until further clarification is 

sought, we recommend that the safest course 

to follow is for your existing OBS corporate 

structure to be analyzed by experienced 

healthcare counsel to ensure that the OBS 

entity is practicing medicine in accordance 

with the law in New York (as the accredited 

OBS practice must provide professional services 

and should not be formed merely for 

billing purposes). The OBS practice, if distinct, 

must further address appropriate patient 

disclosure under the Stark laws, and full disclosure 

to carriers notifying them of its 

accredited status to rebut any claims of confusion 

or representation. 

Ongoing Discussions 

As the OBS law has introduced the possibility 

of significant economic impact for 

many physicians, and significant savings to 

healthcare carriers as an alternative to 

Article 28 facilities, it is important that these 

discussions continue with the DOH and the 

carriers directly. It is also important for the 

legislature to address the significant new 

issues raised in order to ensure that accredited 

OBS practices are created and structured 

appropriately and in compliance with all 

applicable laws. This is necessary so that the 

new law does not cause a crisis in access as 

offices that are not fairly compensated will 

have no incentive to create accredited facilities 

thereby lessening access to needed 

office based procedures and surgeries. 

If you have any questions regarding the 

OBS Law or any other legal issues, please 

feel free to call Scott Einiger, Esq., Stacy 

Steinberg, Esq., or Stacey Lipitz, Esq. at 212- 

279-9200 or visit our website at www.abramslaw.com. 

[1] Office-based surgery is defined under the statute, 

Public Health Law §230-d, as: Any surgical or other 

invasive procedure performed outside of a hospital, 

diagnostic and treatment center or other Article 28 facility 

in which moderate sedation or deep sedation or general 

anesthesia is utilized to provide comfort to the 

patient in order to perform the procedure. 

[2] Only Article-28 licensed entities, not OBS practices 

can bill Medicare or Medicaid. 

[3] The corporate practice of medicine doctrine is 

grounded in the notion that general business corporations 

cannot hire a licensee under the Education Law to 

provide professional services because the law neither 

authorizes such action nor provides an exemption. 

Illegal fee splitting, as per §6509-a of the Education 

Law, prohibits fee sharing and profit sharing between a 

licensed professional and an unlicensed professional. 

[4] Examples of professional entities include: professional 

corporation (PC), professional limited liability 

company (PLLC), and limited liability partnership 

(LLP). 

[5] The OBS has noted in FAQ 45 that an OBS practice 

may contract with an entity that promises to collect 

a facility fee and professional fee from third party insurers, 

“only through open negotiations with the third party 

insurers. There must be a written agreement between 

the OBS practice and the negotiating entity.” The DOH 

has clarified to this firm that this FAQ 45 relates to OBS 

contracts with negotiating entities, not to contracts with 

third party insurers.


(Continued from page 3) 

Steven Perlmutter, MD 

Suffolk County Medical Society 

Steven Perlmutter, MD, a practicing radiologist at Peconic 

Bay Medical Center in Riverhead, has been installed as the 

Suffolk County Medical Society president for the 2008-2009 

term. Dr. Perlmutter, board certified in diagnostic radiology and 

nuclear medicine, is an associate professor of radiology and 

director of the Radiology Residency Program at SUNY Stony 

Brook. Additionally, he is a former president of the Long Island 

Radiological Society and a past-president of the New York State 

Radiological Society. 

Dr. Perlmutter has served as chairman of the American 

College of Radiology’s Committee of the Chapters, vice chairman 

of the MSSNY Health Care Delivery System and Medicaid 

Committee, as well as chairman of the Suffolk County Medical 

Society’s Workers’ Compensation Committee and the Suffolk 

Academy of Medicine’s Public Relations and “Doctors of 

Tomorrow” Committees. He has also earned the “Teacher of 

the Year” award from Brookhaven Memorial Hospital Medical 

Center and from the Radiology Department at Winthrop 

University Hospital. 

Lynn Swisher, MD 

Tomkins County Medical Society 

Lynn Swisher, MD, was elected president of the Tompkins 

County Medical Society on June 13, 2008 at the Society’s 

Heath Care Providers Have Not 

Passed Higher Costs to Consumers 

With the stock markets sagging, gas prices shooting over $4 a 

gallon and the economy ailing, doctors, dentists and hospitals are 

fighting to stay out of the red, but experts say it will likely be a 

while before their higher costs are passed on to consumers, the 

Atlanta Journal-Constitution (7/6/08) reported. 

In the article, several experts weighed in on the issue of health 

care providers being hit by the ailing economy. Ken Thorpe, a professor 

of health policy at Emory University, said that providers 

have not passed their higher costs to consumers because salaries 

and other contracts are negotiated at certain intervals during the 

year. Paul Fronstin, director of health research at the Employee 

Benefit Research Institute, said, “Providers have contracts with 

health plans,” adding, “To the degree they can raise prices, they 

will, but they still have to be competitive.” 

In addition, some providers have not passed their higher costs to 

consumers because of concerns about a decrease in demand for 

services, according to Erik Chiprich, vice president of equity 

research for BMO Capital Markets. Thorpe said, “In times like 

this, people are less likely to fill prescriptions or go to their primary 

care physician for preventive maintenance.” However, 

University of Georgia economist Jeffery Humphreys said that 

providers at some point will have to pass their higher costs to consumers 

because of labor expenses and shortages of health care professionals. 

Phil Miller, spokesperson for health care staffing company 

AMN Healthcare, said that health insurers also “will be hurt 

because there will be fewer employees to cover as unemployment 

rises” and because employers will seek to reduce their health insurance 

costs. He added, “Also, recession is bad for your health, so 

insurance companies will be paying more for benefits because it 

raises stress, and stress levels exacerbate everything.” 

Costs On The Rise 

• Total health care spending in 2007 was $2.3 trillion, or $7,600 

Per person 

• Health care spending expected to increase to $4.2 Trillion in 

2016 

• Employer health insurance premiums increased by 6.1% in 

2007 

• Annual premium for an employer health plan for a family of 

four: Nearly $12,106 

• Annual premium for single coverage: $4,400 

• Worker’s contribution to an employer health plan for family of 

four: $3,281 

• Workers are paying $1,400 more in premiums for family 

coverage than in 2000 

• 25% of people with housing problems blamed medical bills as 

main cause 

• 47 million Americans are uninsured, compared with 38.2 

million in 2000 

• 45% of small companies offer health insurance, compared with 

57% in 2000 

Source: AMN Healthcare 

Page 8 — MSSNY’s News Of New York— October 2008 

County Medical Society Presidents 

Annual Meeting in Ithaca. 

Dr. Swisher is a member of Ithaca Cardiology Associates. 

She received her Doctor of Medicine degree in 1987 from the 

Medical College of Georgia in Augusta. She then completed an 

internship and residency program at the SUNY Health Science 

Center in Syracuse. Dr. Swisher completed a fellowship in cardiology 

at Syracuse. Board certified in internal medicine and 

cardiovascular disease, she is a member of the American 

College of Physicians, American College of Cardiology, FACC, 

and the American Heart Association. 

W. Bradley Simmons, MD 

Wayne County Medical Society 

W. Bradley Simmons, MD, was recently elected president of 

the Wayne County Medical Society. 

Dr. Simmons has been on staff at ViaHealth of Wayne in 

Newark, NY, since 1988, and is currently the medical staff 

president. 

He received his medical degree from the University of 

Texas at San Antonio; and, completed his internship and residency 

at Stanford University Hospital in Stanford, California, 

in 1988. 

Board certified by the American Board of Otolaryngology, 

Dr. Simmons is a founding member of Finger Lakes 

Otolaryngology. 

To address concerns brought by many regarding the delays 

in processing workers’ compensation claims, including 

physicians, the Workers Compensation Board has proposed 

regulations to facilitate the expedited resolution of controverted 

claims, nicknamed the “Rocket Docket.” While the 

proposals should generally speed the resolution of disputed 

claims, and thereby hasten the time within which physicians 

will be reimbursed for treating injured workers, there are 

several provisions for which physicians need to be aware so 

as to assure that they will receive payment for providing 

needed care. The proposal also contains many new requirements 

for other parties who routinely interface with the 

workers compensation system, including businesses, carriers, 

and attorneys who represent claimants. Below are some 

of the proposed provisions that will impact upon physicians: 

• General Timeframes 

Among many other provisions, the regulations would 

require that a pre-hearing conference be held within 30 days 

of the filing of the notice of controversy and a medical 

report referencing an injury; that an initial expedited hearing, 

at which all lay testimony will be taken, will be held 

within 30 days after the pre-hearing conference; and that if 

a second expedited hearing is necessary for medical testimony, 

it will be held no more than 60 days after a pre-hearing 

conference. 

• Medical Testimony Timeframes 

The regulations would require that carriers file 

Independent Medical Exam (IME) reports, on or before the 

initial expedited hearing date, if the carrier is controverting 

the causal relationship between the injury and employment. 

Also, the proposed regulations require the taking of all medical 

testimony to be held within 30 days after the initial 

expedited hearing or no more than 55 days after the prehearing 

conference. Moreover, the regulation provides that 

if a treating physician does not appear for cross-examination 

as scheduled, then his or her testimony shall be taken by 

deposition within 30 days of the scheduled testimony. The 

deposition may be taken by telephone. If the physician does 

not appear for the deposition, the WCB may take enforcement 

action against the physician. 

With regard to IMEs, if the medical witness of the insurance 

company fails to show up for cross-examination, then 

the carrier loses the right to have the IME report introduced, 

unless the carrier can show that the witness did not appear 

because of good cause. 

• Paperwork Requirements 

Importantly, the regulation would require the physician to 

complete a C-4 form in order to be reimbursed for care provided, 

instead of submitting a medical narrative or a CMS- 

1500 form. 

The regulations can be viewed at: 

www.wcb.state.ny.us/content/main/wclaws/Proposed/proposed_Sec300_7-30-08.jsp 

Amy E. Newburger, MD 

Westchester County Medical Society 

Amy E. Newburger, MD, a Scarsdale dermatologist, 

recently became the 210th 

president of the Westchester County 


Dr. Newburger is a nationally-recognized 

dermatologist, who has lectured extensively 

to consumer, business and medical 

groups across the country. Her private 

Dr. Amy E. Newburger 

group practice, Dermatology Consultants 

of Westchester, located in Scarsdale, New 

York, serves nearly 50,000 patients from New York, New 

Jersey and Connecticut, and from as far away as Europe and 

South America. 

Dr. Newburger is a member of the faculty of the Columbia 

University affiliated program at St. Luke’s-Roosevelt Hospital 

Medical Consortium, and is a senior attending physician at 

White Plains Hospital Medical Center in Westchester County. 

As the only dermatologist consulting in the FDA General 

and Plastic Surgery Branch and as a consultant to other branches 

within the Center for Devices and Radiologic Health since 

2000, Dr. Newburger realizes her role as a clinical dermatologist 

is to serve and protect both her patients and the public at 

large by providing the most innovative and safest technology 

available. She also serves as a consultant to the NYS Office of 

Professional Medical Conduct. 

WCB Proposes “Rocket Docket” Regulations 

With the Board’s approval of the Streamline Docket regulations 

the revised forms are now available for use. A 

C – Form C–2 has been renamed the Employer’s Report 

of Work–Related Injury/Illness and requests additional 

information such as: WCB Policy Period, date the employee 

gave notice of accident/illness, employee’s supervisor 

and a list of any witnesses. Revised Form C–2 is available 

for electronic submission to the Board from the website. 

C – Form C–3 (Employee Claim) was redesigned for ease 

of use and requests additional information including date 

hired, supervisor name, and information regarding previous 

injuries to the same body part or a previous similar illness. 

Revised Form C–3 is available for electronic submission to 

the Board from the website. A claimant can also complete 

and submit Form C–3 over the phone by calling 

1–866–396–8314. 

C – Form C–3S is a new form which is a Spanish version 

of the redesigned Employee Claim form and is available on 

the Board’s website. 

C – Form C–3.3 is a new form for authorizing the limited 

release of medical information. This form is to be completed 

by claimants who have had a previous injury to the same 

body part or a previous similar illness. Form C–3.3 can be 

found at the end of Form C–3 and as a separate form on the 

Board’s website. 

C – Form C–4 has been renamed the Doctor’s Initial 

Report. This form is to be completed the first time a 

provider treats a claimant for a particular workers’ compensation 

claim. One item of note is that the request for medical 

authorization is not included in the new C–4 form; instead 

new Form C–4AUTH (see below) should be used to request 

authorization. Revised Form C–4 is available for electronic 

submission to the Board from the website. 

C – Form C–4.2 (Doctor’s Progress Report) is a new, 

shorter version of Form C–4 which is to be used for all subsequent 

visits to report continuing services. Form C–4.2 is 

available for electronic submission to the Board from the 

website. 

C – Form C–4.3 is a new form to be completed once a 

patient has reached Maximum Medical Improvement and 

captures the percentage of permanent impairment. Form 

C–4.3 is available for electronic submission to the Board 

from the website. 

C – Form C–4AUTH (Attending Doctor’s Request for 

Authorization and Carrier’s Response) is a new form with 

which the attending health care provider may request authorization 

from the carrier for a special medical service costing 

over $1,000. The carrier will submit its response to the 

provider on the same C–4AUTH form sent by the provider. 

This new form allows providers to highlight the special services 

they feel are medically needed, enables carriers to easily 

respond to such requests in writing, and enables the 

Board to track requests and responses to insure that all statutory 

timeframes are met. 

Please visit the Board’s website at www.wcb.state.ny.us 

to obtain or submit a form.

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OCTOBER 2008 — MSSNY’s News Of New York— Page 9


what is believed to be the baseline rate of 

development of asthma over that period. 

Asthma was more prevalent among adult residents 

who did not evacuate on 9/11 (3.7%), 

or who returned to homes within two days 

(3.6%), compared to those who stayed away 

until December (2%). The same pattern was 

seen among downtown workers who returned 

within days of the disaster (3.5%) and passersby 

who happened to be in lower Manhattan 

the morning of the attacks (3.6%). Rates 

among all three groups are similar to those 

previously published for rescue and recovery 

workers and volunteers. 

Past findings have shown elevated PTSD 

rates among adult residents of Lower 

Manhattan, but the new findings provide additional 

insight. Residents and downtown workers 

who couldn’t – or wouldn’t – return to 

lower Manhattan for months after the attacks 

Clinical Guidelines 

for Adults Exposed 

to World Trade 

Center Disaster 

The NYC Department of Health and 

Mental Hygiene (DOHMH) has issued a 

new edition of its City Health Information 

(CHI) publication, “Clinical Guidelines for 

Adults Exposed to the World Trade Center 

Disaster.” 

The World Trade Center (WTC) terrorist 

attack of September 11, 2001, and its 

aftermath exposed hundreds of thousands 

of people to horrific events, debris, dust, 

smoke, and fumes. Studies conducted after 

the disaster among rescue and cleanup 

workers, office workers, building evacuees, 

and residents of lower Manhattan 

have shown an increase in mental health 

and respiratory problems. The guidelines 

in this CHI are designed to help primary 

care physicians identify, evaluate, treat, 

and, if necessary, refer these individuals to 

expert care. 

Among the key actions outlined in the 

2008 adult WTC guidelines: 

• Primary care providers should ask 

patients about WTC exposures, especially 

patients with respiratory symptoms, rhinosinusitis, 

reflux disease, mental health 

problems, and substance use disorders. 

• Providers should know how to identify, 

evaluate, treat, and refer patients with 

conditions that could be associated with 

exposure to the disaster, and be alert to 

other WTC-associated illnesses that may 

be identified in the future. 

• Because physical and mental health 

conditions are often intertwined, a coordinated 

approach to care usually works best 

and referral may be necessary. 

This report is available in the HAN 

Document Library on the HAN Web site, 

in the WTC folder, and at the following 

Web site: http://www.nyc.gov/html/doh/html/chi/chi.shtml. 

Online and hard-copy continuing medical 

education (CME) activities related to 

this report are available. 

For information about these activities, 

please visit: www.nyc.gov/html/doh/html/cme/chicme.shtml 

If you wish to be added to the CHI subscriber 

list, e-mail: 

nycdohrp@health.health.nyc.gov or 

call 212 676 2188. For an e-mail subscription, 

visit the CHI Web site at: 

www.nyc.gov/html/doh/html/chi/chi.shtml. 

Page 10— MSSNY’s News Of New York — October 2008 

World Trade Health Registry Releases Analysis 

reported higher PTSD rates than those who 

did not evacuate (20% or higher for both). 

Both findings are expected because PTSD 

sufferers tend to avoid the site of their traumatic 

experience. 

“These data show that rescue and recovery 

workers were not the only groups affected,” 

said Dr. Mark Farfel, director of the World 

Trade Center Health Registry. “Living and 

working near the WTC site also put people at 

risk of health problems.” 

About World Trade Center 

Health Registry Research 

The Health Department recently completed a 

follow-up survey that examined enrollees’ 

health issues five to six years after 9/11. The 

findings will be released in coming months. The 

Health Department is also collaborating with the 

WTC Environmental Health Center at Bellevue 

Hospital to further assess respiratory health 

among people affected by the attacks. 

The registry was launched in 2003 to track 

the physical and mental health effects of 9/11. 

Because of its size, it can highlight patterns 

that would elude individual physicians. The 

registry is the largest public health registry in 

US history and aims to track people’s health 

for the next 20 years. It is a collaborative 

effort of the Health Department and the 

CDC’s Agency for Toxic Substances and 

Disease Registry. Previous registry findings, 

as well as updated treatment guidelines for 

physicians, can be found at www.nyc.gov/9- 

11healthinfo. 

Help is Available 

New Yorkers seeking assessment and care 

can call 311 or visit www.nyc.gov/9- 

11healthinfo. 

New York City has three Centers of 

Excellence that offer free, integrated physical 

and mental health care to eligible people 

affected by the collapse of the World Trade 

Center: 

• The WTC Environmental Health Center 

provides services at Bellevue Hospital 

Center and Gouverneur Health Care 

Services (both in Manhattan) and at 

Elmhurst Hospital Center (Queens). 

• The Mount Sinai Consortium provides 

services through the WTC Medical 

Monitoring and Treatment Program. 

• The Fire Department of New York participates 

in the Medical Monitoring and 

Treatment Program. 

The Health Department will also reimburse 

out-of-pocket costs for mental health or substance-use 

treatment through a claims process 

similar to any insurance benefit. New York 

City residents and city workers in surrounding 

areas may be eligible.

PhRMA Revised Marketing Code Reinforces Commitment to Responsible Interactions 

The Pharmaceutical Research and 

Manufacturers of America (PhRMA) Board of 

Directors adopted, in early July, measures to 

enhance the PhRMA Code on Interactions with 

Healthcare Professionals. 

The newly revised PhRMA Code, which 

builds on improvements already made in the previous 

2002 version, is part of an ongoing effort to 

ensure that pharmaceutical marketing practices 

comply with the highest ethical standards. 

“Doctors rely on accurate and appropriate 

information about new medicines in order to provide 

the best possible care to their patients. The 

changes to the Code demonstrate that the members 

of PhRMA are committed to continue 

enhancing how our industry serves physicians 

and patients,” said David Norton, Chairman of 

the PhRMA Affordability & Access Committee 

spearheading the Code changes and Company 

Group Chairman, Pharmaceuticals Group, 

Johnson & Johnson. 

Effective January 2009 

The voluntary PhRMA Code on Interactions 

with Healthcare Professionals, which will take 

effect in January 2009, reaffirms that interactions 

between company representatives and healthcare 

professionals “should be focused on informing 

the healthcare professionals about products, providing 

scientific and educational information, 

and supporting medical research and education.” 

Providing physicians with up-to-date, accurate 

information about the medicines they prescribe 

clearly improves patient care and 

advances healthcare in general. Pharmaceutical 

research companies that discover and develop 

new medicines are the most knowledgeable 

about their products and are in the best position 

to inform healthcare professionals about a wide 

range of topics related to these medicines, 

including new treatment options, appropriate 

dosing, emerging safety developments and 

potential interactions with other drugs. 

Code Provisions 

Among its changes, the revised Code: 

• Prohibits distribution of non-educational 

items (such as pens, mugs and other “reminder” 

objects typically adorned with a company or 

product logo) to healthcare providers and their 

staff. The Code acknowledges that such items, 

even though of minimal value, “may foster misperceptions 

that company interactions with 

healthcare professionals are not based on informing 

them about medical and scientific issues.” 

• Prohibits company sales representatives 

from providing restaurant meals to healthcare 

professionals, but allows them to provide occasional 

meals in healthcare professionals’ offices 

in conjunction with informational presentations. 

The Code also reaffirms and strengthens previous 

statements that companies should not provide 

any entertainment or recreational benefits to 

healthcare professionals. 

• Includes new provisions that require companies 

to ensure that their representatives are sufficiently 

trained about applicable laws, regulations 

and industry codes of practice – including this 

Code – that govern interactions with healthcare 

professionals. Companies are also asked to 

assess their representatives periodically and to 

take appropriate action if they fail to comply with 

relevant standards of conduct. 

Other additions to the Code include more 

detailed standards regarding the independence of 

continuing medical education (CME); principles 

on the responsible use of non-patient identified 

prescriber data; and additional guidance for 

speaking and consulting arrangements with 

healthcare professionals, including disclosure 

requirements for healthcare providers who are 

members of committees that set formularies or 

develop clinical practice guidelines and who also 

serve as speakers or consultants for a pharmaceutical 

company. 

Physician Shortage: 

2% of Med Students to 

Enter Primary Care 

Two percent of medical students in a 

survey said they planned to go into general 

internal medicine, according to a 

study published September 10 in the 

Journal of the American Medical 

Association. According to the study, 

general internists provide a large portion 

of care for older patients and people 

with chronic illnesses, but the number 

of students becoming general 

internists is declining as the number of 

older US residents is expected to nearly 

double between 2005 and 2030. The 

survey notes that according to one estimate, 

there will be a shortage of 

200,000 doctors in the US by 2020. 

Study author Karen Hauer, a general 

internist and University of California- 

San Francisco faculty member, said the 

survey of 1,177 students at 11 US medical 

schools found that quality-of-life 

factors, such as income and work hours, 

influenced the students’ decisions not to 

practice general internal medicine. 

Seeking Higher-Paid Specialties 

According to the Association of 

American Medical Colleges (AAMC), 

the average medical school graduate in 

2007 had $140,000 in student debt, up 

by nearly 8% from 2006. A letter to the 

editor by Mark Ebell of the University 

of Georgia, which also was published 

in JAMA, ranks internal medicine as 

one of the lowest paying medical specialties. 

A study by Ebell found that 

US medical students are seeking residencies 

in higher paying specialties. In 

2007, family medicine had the lowest 

average salary of $186,000, with 42% 

of residency spots filled by US students. 

Meanwhile, orthopedic surgery 

had an average salary of $436,000, 

with 94% of residency spots filled by 

US students. 

A separate study in JAMA found 

that, while from 2002 to 2007 there 

were 2,600 fewer US doctors training 

in primary care specialties, the number 

of foreign graduates pursuing those 

careers rose by 3,300. According to 

American Health Line, study co-author 

Edward Salsberg of AAMC said, 

“Primary care is holding steady but 

only because of international medical 

school graduates.” 


MSSNY HIT Preferred Vendors 

For Conversion from Paper to Electronic Health Records (EHR) 

For more information, please contact Ron Pucherelli, HIT Project Administrator, at 518-465-8085 or rpucherelli@mssny.org. 

Company Name 

Mailing Address 

Software 

Name 

Contact Phone E-mail Address 

Allscripts Touchworks Corrine Cervasio 973-964-3765 corrine.cervasio@allscripts.com 

366 The Promenade 

Edgewater, NJ 07020 

EHR Sales Executive 

Community Computer Svcs MEDENT George Cuthbert 315-255-1751 georgec@medent.com 

PO Box 980 

Auburn, NY 13021 

Vice President 315-729-0935 

eClinical Works eClinical Works Karyn Kuszewski 508-836-2700 karyn@eclinicalworks.com 

112 Turnpike Rd. 

Westborough, MA 01581 

Sales Coordinator X 278 

Greenway Medical Tech. 

121 Greenway Blvd. 

Carrollton, Georgia 30117 

PrimeSuite Mitch Brie 

Reg Sales Dir 

Brian Weaver 

917-620-8950 

518-813-5571 

mitchellbrie@greeenwaymedical.com 

brianweaver@greenwaymedical.com 

Reg. Sales Mgr. - NY 518-326-3603 

Nightingale myNightingale Stuart Sipos 516-223-6000 ssipos@nightingale.md 

8 Columbia Rd., STE 101 Physician Reg. Sales Mgr. 516-728-1211 

Pembroke, MA 02359 Workstation 

Sage Software Intergy Susan Giannetti 518-452-1087 susan.giannetti@sage.com 

204 Concord Hill Dr. 

Altamont, NY 12209 

EHR Sales Executive 518-573-7113 

Free Tool for Accessing “Sound-Alike” Drugs 

As a service to practitioners, United States 

Pharmacopeia (USP) has developed a free tool 

for accessing drug names that have been identified 

with a medication error. USP’s Drug 

Error Finder allows a user to search more than 

1,400 drugs involved in look–alike and/or 

sound–alike errors. It not only lists the other 

drugs involved in a mix–up, but also designates 

the severity of the error where at least 

one report was received through USP’s 

Reporting Programs. 

USP’s Drug Error Finder is derived from 

USP’s eighth report on medication errors involving 

drug nomenclature (naming) as reported to 

the MEDMARX® and USP–ISMP Medication 


Errors Reporting Programs during the time period 

from January 1, 2003 to December 31, 2006. 

In this report, a review of more than 26,000 

records identified 1,470 unique drugs implicated 

in medication errors due to brand and/or generic 

names that looked and/or sounded alike. 

Together, these drug names contributed to more 

than 3,170 confusing drug name pairs. 

The information provided is based solely on 

medication errors reported to USP from January 

1, 2003 through December 31, 2006. It is not 

necessarily a complete list of all look–alike 

and/or sound–alike errors that may occur, nor is 

it intended to substitute for the judgment of the 

healthcare professional or patient. 

More NYSIIS Training 

Opportunities for 

Remainder of 2008 

The New York State Department of Health 

is pleased to report that approximately 2,100 

participants were trained in the New York 

State Immunization Information System 

(NYSIIS) during the first half of 2008, and 

positive feedback was overwhelmingly 

received with regard to the program itself. 

A Second Round of Training Scheduled 

Classroom trainings will be available 

again regionally September through 

November 2008. In addition, webinar trainings 

are ongoing and have been scheduled 

from July through December 2008. The following 

is the NYSIIS Statewide Training 

Schedule for the remainder of the year: 

October 28 – 30 (Buffalo) 

November 4 – 6 (Westchester/Rye Brook) 

November 18 – 20 (Long Island/Plainview) 

Register for classroom sessions at: 

http://www.zoomerang.com/Survey/?p=WE 

B227Z878GDW8. 

Resident and Fellow Section 

Announces JournalReview.org 

MSSNY is proud to announce a new 

members-only benefit, the MSSNY 

Journal Club at www.JournalReview.org. 

This website will allow residency program 

journal clubs to discuss, question and rate 

the medical literature with other residency 

journal review clubs. If a program does not 

have a journal club, it is a good way to start 

one, and it is a way for clubs to gain added 

exposure. JournalReview.org is organized 

around the PubMed Index of leading med- 

ical journals, and allows physicians from 

around the world to discuss the medical literature 

with authors and other experts. It is 

listed on the ACGME website among the 

“Relevant Websites for Residents,” and 

has been presented at several international 

medical meetings, receiving numerous 

awards. 

MSSNY members can check out the 

Journal Club at www.mssny.org, under 

Practice Resources or Latest Updates.

DOH Approves Changes to Preferred/ 

Non-Preferred Drug Program 

On April 30, 2008, the Medicaid Pharmacy 

and Therapeutics (P&T) Committee reviewed 

20 drug classes currently subject to 

the Preferred-Drug Program (PDP). The 

Commissioner of Health has accepted the recommendations 

of the committee and has 

approved changes to the preferred or non-preferred 

status of certain drugs subject to the PDP. 

Effective August 20, 2008, prior authorization 

requirements changed for some drugs in the following 

11 drug classes: 

• Angiotensin Receptor Blockers (ARBs) 

• Beta Blockers 

• Calcium Channel Blockers 

(Dihydropyridine) 

• Central Nervous System (CNS) Stimulants 

• Corticosteroids - Intranasal 

• HMG-CoA Reductase Inhibitors (Statins) 

• Narcotics - Long Acting 

• Proton Pump Inhibitors (PPIs) 

• Second Generation Antihistamines 

• Sedative Hypnotics / Sleep Agents 

• Triglyceride Lowering Agents 

Additional information, such as a 

“Quicklist” of only preferred drugs, updated 

The Medical Society of the State of New 

York Magazine Program saves you up to 67% 

on hundreds of the most popular magazines. 

Subscriptions are available for your office as 

well as personal use at deeply discounted prices 

through this MSSNY membership program. 

Our LOW rates apply to renewals no matter 

how your subscriptions were originally ordered 

and you can give subscriptions as gifts to family, 

friends and colleagues. A free gift card, with 

your personalized message, is included with 

each gift subscription. 

If you ever find a lower authorized price for 

prior authorization forms, and clinical criteria 

for the PDP and the Clinical Drug Review 

Program (CDRP) is available at one of the 

following websites: 

• www.nyhealth.gov 

• http://newyork.fhsc.com 

• www.eMedNY.org 

Remember: If physicans prescribe the preferred 

drug, no further action on your part is 

required. 

To obtain prior authorization for non-preferred 

drugs, please call the prior authorization 

clinical call center at 1-877-309-9493. Be sure 

to listen for the appropriate prompts. The clinical 

call center is available 24 hours per day, 7 

days per week with pharmacy technicians and 

pharmacists, or your agent, to quickly obtain a 

prior authorization number. 

Requests for prior authorization of non-preferred 

drugs can be faxed to the clinical call center 

at 1-800-268-2990. Note that a faxed request 

can take up to 24 hours to be completed. 

To obtain additional information regarding 

the PDP, please call the clinical call center at 

877-309-9493. 

MEMBER BENEFIT 

The MSSNY Magazine Program 

any magazine offered through this program, 

send it to us with your order and pay the lower 

amount. 

Take advantage of our low, low rates. Receive 

a full year of New York at just $14.97, Newsweek 

only $19.97, Food & Wine $19.95 or The 

Economist! Enjoy the in-depth articles of The 

New Yorker for $39.95 or The Smithsonian for 

just $16.00. We have hundreds of additional titles. 

For more information on any title or 

to place an order, visit our website 

(http://www.buymags.com/mssny) or contact 

us at: 1-800-289-6247. 

CDC: Most US Measles Cases Reported Since 1996 

Many Unvaccinated Because of Philosophical Beliefs 

More measles cases have been reported 

in the United States since Jan. 1, 2008 than 

during the same period in any year since 

1996, according to a report released 

August 21 by the Centers for Disease 

Control and Prevention’s Morbidity and 

Mortality Weekly Report. 

Between January 1 and July 31, 2008, 

131 cases were reported to CDC’s 

National Center for Immunization and 

Respiratory Diseases (NCIRD). At least 

fifteen patients, including four children 

younger than 15 months of age, were 

hospitalized. No deaths have been 

reported. 

In the decade before the measles vaccination 

program began, an estimated 3–4 

million persons in the United States were 

infected each year. Of these, 400–500 

died, 48,000 were hospitalized, and another 

1,000 developed chronic disability from 

measles encephalitis. 

Of the 131 patients, 112 were unvaccinated 

or had unknown vaccination status. 

Among the 112 unvaccinated US residents 

with measles, 16 were younger than 12 

months of age and too young for vaccination, 

and one had presumed evidence of 

measles immunity because the person was 

born before 1957. 

Unvaccinated Pose Outbreak Risk 

Of the 95 patients eligible for vaccination, 

63 were unvaccinated because of 

their or their parents’ philosophical or religious 

beliefs. 

Although immunization coverage rates 

for measles vaccine remain high, unvaccinated 

persons are at risk for measles, and 

sizeable measles outbreaks can occur in 

communities with a high number of 

unvaccinated persons. 

Measles is consistently one of the first 

diseases to reappear when immunization 

coverage rates fall. Increases in the proportion 

of the population declining vaccination 

for themselves or their children 

might lead to large-scale outbreaks in the 

US. Currently, Israel and a number of 

countries in Europe – including 

Switzerland, Austria, Italy, United 

Kingdom – are reporting sizeable measles 

outbreaks among populations refusing 

vaccination. 

27 Cases in NY 

Reports include cases from Illinois (32 

cases), New York (27), Washington (19), 

Arizona (14), California (14), Wisconsin 

(7), Michigan (4), Hawaii (5), Arkansas 

(2), and Washington, D.C., and Georgia, 

Louisiana, Missouri, New Mexico, 

Pennsylvania, and Virginia (1 each). 

Nine of the importations were in US residents 

who had traveled abroad, and 8 

were in foreign visitors. An additional 99 

of the 131 cases had evidence of importation 

or were epidemiologically linked to 

importations. These import-related cases 

have largely occurred among school-aged 

children who are eligible for vaccination 

but whose parents have chosen not to vaccinate 

them. The source of 15 cases could 

not be determined. 

Of the 131 cases, 17 were importations 

from the following countries: Switzerland 

(3), Italy (3), Israel (2), Belgium (2), India 

(2), Germany (1), the People’s Republic of 

China (1), Pakistan (1), the Russian 

Federation (1) and the Philippines (1). 

There were 55 cases of measles reported 

during 2006; 66 cases during 2005; 37 

cases during 2004; 56 cases during 2003; 

and 44 cases during 2002. 

October 2008 — MSSNY’s News Of New York — Page 13

AMSSNY will be holding its annual Fall 

Conference at the Glen Sanders Mansion in 

Scotia, NY on October 19-20. Sunday 

evening dinner and speaker presentation will 

be at 6 pm. The Board of Directors meeting 

will follow at 8 pm. On Monday, registration 

and a continental breakfast will take 

place from 8 -9 am, followed by an Alliance 

update from Co-presidents Joan Cincotta 

and Jean Fazio. Next, from the NYS 

Department of Health, Rachel Iverson, associate 

director of the Tobacco Control program, 

will speak to the attendees concerning 

the AMA/AMAA program Screen Out! This 

program is attempting to force movie studios 

to discontinue smoking and the placement of 

tobacco products in movies rated G, PG and 

PG-13. Then, MSSNY’s Executive Vice 

President, Rick Abrams, will provide an 

update on MSSNY priorities. That will be 

followed by an address from an AMA 

Alliance representative. 

ALLIANCE 

Fall Conference to be Held October 19-20 

Attorneys for the Health Care Professional 

providing representation in: 

• Professional Misconduct Proceedings 

• Shareholder/Partnership/Operating Agreements 

• Shareholder/Partner Disputes 

• Purchase/Sale of Medical Practice 

AND ALL OTHER PROFESSIONAL MATTERS 

We are one of the largest 

healthcare firms in New York State 

providing legal services to physicians 

Contact: Scott I. Einiger 

630 Third Avenue – 5th Floor 

New York, New York 10017 

(212) 279-9200 

Robert S. Asher, Esq. 

Attorney at Law 

Robert S. Asher, J.D., M.P.A. Health 

Former Director Professional Regulation 

N.Y.S. Board of Regents 

(27 years health law experience) 

Representation in: 

• Professional Misconduct & Criminal Proceedings 

• License Restoration 

• Impaired Professional Proceedings 

• Medicare and Insurance Investigations 

• Professional Business Practice 

• Medicaid and Drug Proceedings 

• Transfer of Professional Practice 

• Third Party Reimbursement 

• Litigation and Defense of Professional 

Malpractice Actions 

• All Other Professional Matters 

295 Madison Avenue, Suite 700 


(212) 697-2950 

Also available in Westchester County 


Upon completion of the morning sessions, 

a lunch will be served and a raffle will be 

held with proceeds to benefit Physicians’ 

Home and the AMA Foundation. The afternoon, 

1- 4 pm, will be devoted to a regional 

meeting for the counties surrounding the 

Albany/Schenectady area including: Warren- 

Washington, Saratoga, Montgomery, Fulton, 

Schoharie, Otsego, Delaware, Greene, 

Columbia, Rensselaer, Dutchess, Ulster, 

Sullivan, Orange, Rockland and Putnam. All 

members, MALs and potential members are 

invited and encouraged to attend. For further 

information, contact Kathy Rohrer at the 

Alliance office in Lake Success by calling 

(800) 523-4405, ext. 396 or emailing 

krohrer@mssny.org. 

Save the Date 

Wednesday, October 8 is SAVE Day — 

what can you do to stop domestic violence? 

New Regs for Medicare Plans 

“These regulations give insurers bright-line guidance 

on what types of marketing activities are acceptable 

and what types are not acceptable.” 

-Acting CMS Administrator Kerry Weems, on new rules issued by the agency for the marketing 

of Medicare prescription drug and Medicare Advantage plans 

Contact: Joel M. Greenberg, Esq. 

Patrick Formato, Esq. 

1111 Marcus Avenue – Suite 107 

Lake Success, New York 11042 

(516) 328-2300 

BUSINESS SHOWCASE 

99 Park Avenue 

New York, NY 10016-1601 

Tel: 212-286-8585 • Fax: 212-490-8966 

• Medical Malpractice - Exclusively Defense 

• Charges of Professional Misconduct 

Brought by Department of Health 

(OPMC and BPMC) 

• Licensure Issues 

(Department of Education) 

• Impaired Healthcare Professionals 


• Insurance Company Audits 

A A 25 25 Year Year Legacy 

Legacy 

Representing 

Representing 

Physicians Physicians & & Healthcare 

Healthcare 

Professionals 

Professionals 

• Managed Care Participation and 

Provider Hearings 

• Allegations of Improper Insurance Coding 

• Medical Staff Privileges 

• Risk Management 

• Medicare/Medicaid Audits 

• Establishment of Medical Groups 

(Professional Corporations, Limited 

Liability Partnerships, etc.) 

Contact: Daniel S. Ratner, Esq., Managing Partner 

Steven F. Seidman, M.D., J.D. 

212-286-8585 

HEIDELL, PITTONI, MURPHY & BACH, LLP 

30 Oak Street 

Stamford, CT 06903 

Tel: 203-327-1800 

Fax: 203-353-1892 

81 Main Street 

White Plains, NY 10601 

Tel: 914-559-3100 

Fax: 914-949-1160 

www.hpmb.com 

Specialties Disagree on Need for ECG 

Evaluations before Prescribing ADHD Drugs 

The American Academy of Pediatrics disagrees 

with an earlier American Heart 

Association recommendation that children 

routinely be given electrocardiograms 

before receiving drugs for attention 

deficit/hyperactivity disorder. 

The AHA made the recommendation in 

April because of concerns that stimulants 

such as Ritalin may increase the risk for 

sudden cardiac death in children with congenital 

heart disease. 

Then in May, the AHA and the AAP 

released a joint statement, saying that it was 

310 Old Country Road 

Garden City, NY 11530 

Tel: 516-294-7134 

Fax: 516-294-7193 

12 

DO OUR DOCTORS KNOW YOU? 

51s 

in Manhattan. Three (3) 

it available. No registration fee. To register, betwe 

call La Salud Hispana, Inc. at 201-947-0101. and Westchester. 

MLMIC Board of Trustees Meeting, 9 

Progress Towards the Effective 

or call Collee 

am in Room 242 at MSSNY head- 

Management of Hepatitis C Virus - 

quarters in Lake Success MSSNY Board of 

HOFFMAN EINIGER & POLLAND PLLC 

Attorneys at Law 

Representing Physicians and 

other Health Care Professionals In: 

• HIPAA Compliance 

Programs 

• Physician Compliance 

Plans and Audits 

• Health Care Mergers, 

Acquisitions and Joint 

Ventures 

• Federal and State 

Anti-Kickback Laws, 

Self-Referral (Stark) 

Laws and Safe Harbor 

Regulations 

• C.O.N. Applications 

for Article 28, 31, 

A.S.C., etc. 

• Establishment of 

Medical Groups 

20 

Robert S. Asher, Esq. 

Attorney at Law 

Robert S. Asher, J.D., M.P.A. Health 

Former Director Professional Regulation 

N.Y.S. Board of Regents 

(27 years health law experience) 

Representation in: 

• Professional Misconduct & Criminal Proceedings 


• Impaired Professional Proceedings 

• Medicare and Insurance Investigations 

• Professional Business Practice 

• Medicaid and Drug Proceedings 

• Transfer of Professional Practice 

• Third Party Reimbursement 

• Litigation and Defense of Professional 

Malpractice Actions 

• All Other Professional Matters 

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(212) 697-2950 

Also available in Westchester County 

November 2003 — MSSNY’s News Of New York— Page 14 

Do you provide a service especially tailored 

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• Representation before 

Professional Licensing 

Authorities (O.P.M.C.) 

• Managed Care Contracts with 

IPAs, PPOs, MSOs, 

IDSs, HMOs and PPMCs 

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Medical Staffs 

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Relationships 

• Medicare, Medicaid and 

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• Pension Administration 

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(212) 338-0700 

www.HEPlawfirm.com 

BUSINESS SHOWCASE 

ABRAMS, FENSTERMAN, FENSTERMAN, 

FLOWERS & EISMAN, LLP 

Attorneys at Law 

Attorneys for the Health Care Professional 

providing representation in: 

• Professional Misconduct Proceedings 

• Shareholder/Partnership/Operating Agreements 

• Shareholder/Partner disputes 

• Purchase/Sale of Medical Practice 

AND ALL OTHER PROFESSIONAL MATTERS 

WE ARE THE CO-EDITORS-IN-CHIEF OF THE N.Y.S. 

BAR ASSOCIATION’S NEW PUBLICATION 

“LEGAL MANUAL FOR NEW YORK PHYSICIANS” 

"reasonable" for a physician to obtain an 

ECG before starting therapy, but it was at 

the physician's discretion. The AAP's latest 

response, published online in Pediatrics, 

contends there's no compelling evidence 

that children treated for ADHD have an elevated 

risk for sudden death or that ECG 

screening will lower it. Instead, the pediatrics 

academy encourages physicians to 

assess all children for cardiac abnormalities 

by using history and physical assessment 

and to treat children with ADHD without 

obtaining ECGs. 

New Study Shows Covering Uninsured 

Would Cost $123 Billion 

According to a new study on healthcare 

costs, it would take $123 billion dollars, or 

an additional five percent in national health 

spending, to cover the uninsured. 

The study, released August 25 by the 

Kaiser Family Foundation's Commission on 

Medicaid and the Uninsured, found that the 

uninsured will spend $30 billion in out-ofpocket 

expenses for healthcare in 2008 

while receiving $56 billion in uncompensated 

care. Three-quarters of the uncompensated 

care will come from government sources, 

the study said. 

The findings were published in a Webexclusive 

article in Health Affairs. The study 

is an update of a previous Kaiser study and 

does not assess how much a universal cov- 

erage plan would cost the government. 

According to the study, the uninsured 

receive less than half as much care as the 

insured in a given year and pay 35 percent, 

or $583 out-of-pocket, towards their care. 

The average uninsured person receives 

$1,686 worth of care per year. 

A different study released in July by the 

Agency for Healthcare Research and 

Quality (AHRQ) and the National Center 

for Health Statistics (NCHS) shows US 

healthcare costs should approach $2.4 trillion 

this year, Healthcare Finance News 

reported. 

With the presidential election one month 

away, talk of healthcare reform continues 

to garner much attention. 

CONTACT: PATRICK FORMATO, ESQ. 

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(516) 328-2300 

ACUPUNCTURE TRAINING PROGRAM 

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Program includes lectures, self-study and clinical hours 

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December 1 — December 7, 2003 

March 1 — March 7, 2004 

Additional 100 hours for NY and NJ 

March 27 — 28, 2004 

April 17 — 18, 2004 

LOCATION: New York Medical College 

Valhalla, New York 

Contact: Patty Williamson 

Community and Preventive Medicine (914) 594-4252/4253 

e-mail: patty_williamson@nymc.edu 

web address: www.nymc.edu/cpm 

(see educational programs) 

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Health Law Leaders Since 1925 

Professional Discipline .License Restoration 

Civil and Criminal Proceedings 

contact: Pamela A. Nichols, Esq. 

O’Connell and Aronowitz 

Attorneys at Law . 54 State Street . Albany, NY 12207 . 518-462-5601 

with offices in Plattsburgh, NY 518-562-0600 

The perfect prescription to serve the medical needs 

of Wall St. and Battery Park. 

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Interested parties are invited to call: George Donohue, President 

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DO OUR DOCTORS KNOW YOU? 

Do you provide a service 

especially tailored 

for the medical practitioner? 

Tell Them! 

Sell Them! 

Right Here! 

Every Month! 

Call News of New York Business Showcase Today 

Tel 516-621-6210 • Fax 516-621-6209 

Tell Them! 

Sell Them! 

Right Here! 

Every Month! 

Call News of New York 

Business Showcase Today 

Tel 516-883-0313 • Fax 516-883-1307

OCTOBER 

7 

MSSNY Committee on Legislation & Physician 

Advocacy – 1 to 4 pm videoconference between 

Albany and Lake Success 

14 

MSSNY Task Force on Health 

CareDisparities – 9:30 am to 12:30 pm 

videoconference between Albany and Lake Success 

MSSNY Task Force on Tobacco – 9 to 11 am 

15 videoconference between Albany Lake 

Success and statewide locations 

16 

23 

MSSNY Rural & Preventive Medicine 

Committee – 9:30 am to 12 noon meeting 

MSSNY Family Health Issues Committee – 

9:30 am to 12 noon videoconference between 

Albany Lake Success and statewide locations 

NOVEMBER 

7 

MSSNY Medical Ethics Committee – 9:30 am to 

12 noon videoconference between Albany Lake 

Success and statewide locations 

AMA Interim Meeting of the House of 

8–11Delegates – Marriott Orlando World 

Center, Orlando, Florida. For meeting information and 

agenda, go online to the AMA website at 

www. http://www.ama-assn.org/ 

19 

MSSNY Board of Trustees – 12 noon meeting 

at the New York LaGuardia Airport Marriott 

(102-05 Ditmars Boulevard, East Elmhurst, New 

York) 

20 

MSSNY Council – 9 am meeting at the New 

York LaGuardia Airport Marriott (102-05 

Ditmars Boulevard, East Elmhurst, New York) 

You Are Now Required 

To Report Any Adverse Event! 


Adverse events include: 

• Patient Death within 30 Days means 

when a patient’s death occurs within 30 

days of undergoing OBS, that it is directly 

or indirectly related to the performance of 

the OBS. 

• Unplanned Transfer to a hospital means 

when a patient is transferred unexpectedly 

to a hospital as a result of undergoing OBS. 

• Unscheduled Hospital Admission means 

when a patient is admitted unexpectedly to 

a hospital for longer than 24 hours within 

72 hours of undergoing OBS. 

• Any Serious or Life-Threatening Event 

means when a patient experiences any 

temporary or permanent physical loss or 

mental impairment of body part or bodily 

function; and/or any temporary or permanent 

physical or mental impairment that 

substantially limits one or more of the 

major life activities of the individual. 

• Any Suspected Transmission of a 

Bloodborne Pathogen means the transmission 

of a blood-borne pathogen from a 

2008-2009 Continuing Medical Education 

Seminars: Book Now! 

The Medical Society of the State of New York, 

continuing its successful CME educational seminar 

series, will again be offering programs in the 

areas of HIT, HIV, Immunization, Pain 

Management and Pandemic Influenza. For information 

and/or to schedule a seminar, please call 

Janice Morano in the MSSNY Marketing 

Department at 516-488-6100, ext. 302. 

health care professional to a patient or 

between patients. Bloodborne pathogens are 

microorganisms that when present in human 

blood can cause disease. These pathogens 

include, but are not limited to, hepatitis B 

virus (HBV), hepatitis C virus (HCV) and 

human immunodeficiency virus (HIV). 

Who Must Report Adverse Events 

All required reporters may fulfill their reporting 

requirement by signing this report and, thereby, 

attesting to its accuracy. Required reporters 

include any licensed physician, PA or SA directly 

or indirectly involved with the OBS procedure. 

In such a case, the expectation is that the 

form will be completed in its entirety, since the 

reporter will be part of the OBS practice. 

Required reporters include any licensed 

physician, PA or SA who believes that a patient 

complaint, complication, condition, emergency 

room visit, hospital admission or death is related 

to an OBS procedure. In such a case, the 

reporter may not be able to complete the form in 

its entirety, but should submit as much information 

as possible. 

2009 Joint Commission 

Standards Available Online 

Standards Revised and Enhanced for Ease of Use 

The Joint Commission’s revised standards, 

rationales and elements of performance for 

2009 are now available online at 

http://www.jointcommission.org/. The standards 

will take effect January 1, 2009 and 

have been placed online to give all health 

care organizations time to become familiar 

with the new language, ordering and numbering. 

The changes are part of the Standards 

Improvement Initiative (SII), launched in 

2006 as part of The Joint Commission’s 

ongoing quality improvement efforts. SII 

focuses on clarifying standards language, 

ensuring that standards are program-specific, 

deleting redundant and nonessential standards, 

and consolidating similar standards. 

While no new requirements were added, 

chapter overviews, standards, introductions, 

rationales, and elements of performance were 

designed for ease of use. In the standards 

reorganization, requirements were split or 

consolidated. Standards have been renumbered 

and reordered to allow electronic sorting 

and to allow the addition of new requirements 

in the future. 

A history tracking report is available 

online to help organizations see what 

changes occurred from previous to revised 

standards. The history tracking allows users 

to see what happened to each standard, its 

new number, and how it changed. 

The Joint Commission sought extensive 

input from accredited and non-accredited 

health care organizations, advisory groups, 

payers, purchasers, consumers, governmental 

agencies, Joint Commission surveyors and 

other experts. Online surveys, interviews, 

meetings, and focus groups were all utilized 

to gather comments and suggestions. The 

Joint Commission will engage in extensive 

education efforts and discussions in the coming 

months to assist organizations in understanding 

the changes. 

Study Finds Retail Clinics 

Do Not Reduce 

Overall Health Care Costs 


occurred in 2003, before MinuteClinic became 

part of the HealthPartners network, with those that 

occurred from 2004 to 2006. 

Challenged Conventional Wisdom 

The study found that the overall cost per 

episode of care for the five conditions increased 

by 14.1% during the four-year period. The average 

cost per episode of care for the five conditions 

increased by 20.3% in emergency departments, 

12.7% in physician offices, 11.9% at urgent care 

centers and 12.2% at MinuteClinic facilities during 

the four-year period, the study found. 

Thygeson said, “The data does not support the 

idea that MinuteClinic or other retail clinics has 

had any negative impact on rising health care 

costs.” According to the Minneapolis Star 

Tribune (9/9), the study “went against the conventional 

wisdom that more providers leads to 

more competition and lower prices.” 

Join the “Heal the Claims Process” Campaign 


Insurance Portability and Accountability 

Act (HIPAA) electronic transactions standards. 

The AMA also call on payers to provide 

full transparency with respect to fee 

schedules, medical payment policies and 

other information necessary to maximize 

efficiency. 

These steps would improve claims processing 

efficiency and help reduce physician 

practices’ cost of submitting claims, to 

the ultimate goal of 1% of revenue. 

The Physician’s Prescription 

This November, physicians can join 

www.mssny.org 

CLASSIFIED ADVERTISING 

PHYSICIANS’ SEARCH SERVICES • ALLIED MEDICAL PLACEMENTS • LOCUM TENENS 

PRACTICE VALUATION PRACTICE BROKERAGE • PRACTICE CONSULTING • REAL ESTATE 

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Park Ave & 94 St. coop, large consult, 

2 exam rooms, fully equipped. Call 

212-996-2900 

M S S N Y ’ S C L A S S I F I E D H A S G O N E G L O B A L 

Now Can Be Accessed on MSSNY’s Website at www.mssny.org. Click classifieds. 

FOR HELP, INFORMATION, OR TO PLACE YOUR AD, CALL 516-488-6100 X355 • FAX 516-488-2188 

NOVEMBER 2008 ISSUE CLOSES OCTOBER 15TH 

LEX & PARK 

Office Space shared. 70s Lex and Park 

brownstone, 2 exam rooms, consult 

room on garden. Reception room plus 

secty. space. Call 212-737-4664. 

WESTCHESTER, NY 

SPACE TO SHARE in spacious, modernmedical 

office. Prime location, high visibility,ground 

floor. Hartsdale, NY. Call 

914-262-7584 

EQUIPMENT 

FOR SALE 

EQUIPMENT FOR SALE 

Plastic Surgery/Dermatology Office 

Closing-Instruments, powered exam 

table, Whisper LaserPeel, all equipment 

being sold, less than 3 years old, 

CALL FOR LIST. 607-216-0062. 

MEDICAL MEETING 

Update Your Medicine 2008-2009: 

Practical monthly Wednesday program 

in its 35th year. 7:00 pm. – 9:00 pm. 

Sponsored by the Weill Cornell Medical 

College and Assn. of Practicing 

Physicians of New York-Presbyterian 

Hospital. $160.00 covers eight twohour 

sessions (16 credits), $35.00 covers 

one two-hour sessions which 

includes refreshments and 16 AMA PRA 

Category 1 Credit(s) . Send checks to: 

Update Your Medicine, 445 East 69 St., 

Room 428, NY, NY 10021. Session 

begins Sept. 17, 2008 through May 20, 

2009. For more information call Juliet 

Kadriu (212) 746-4752. www.med.cornell.edu/update.your.medicine. 

OPENING 

PHYSICIANS 

PEDIATRICIAN 

Board certified/board eligible, Queens, 

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OPPORTUNITIES 

VARIOUS PHYSICIAN 

OPPORTUNITIES INCLUDING 

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Located close to Buffalo and 90 minutes 

from Toronto. 

• Independent practice style 

• Competitive compensation 

• Cooperative call arrangements 

Practices associated with two affiliated, 

community hospitals -- Lockport 

Memorial Hospital and Inter-Community 

Memorial Hospital. 

• Up-to-date technology 

• Responsive services 

• High physician input 

Physicians seeking enjoyable community 

life, financially rewarding professional 

opportunity and substantial professional 

independence. 

Immediate opportunities available 

Contact 

Hospital Administration 

716 / 514-5502 

other physicians around the country in 

fighting for what rightfully belongs to 

them. Physicians can help heal the claims 

process by: 

• Reviewing their internal claims process to 

ensure claims are submitted accurately and 

in a timely manner to the appropriate 

payer. 

• Not assuming the payments they receive 

from payers are accurate. 

• Reviewing claims payments for accuracy. 

• Appealing inappropriately underpaid or 

denied claims. 

For more information, visit www.amaassn.org/ama/pub/category/18659.html. 

BUILDING 

FOR SALE 

WESTBURY NASSAU, L.I. 

“The Courtyard Plaza” Spectacular 

building All on 1 level in prime area 

w/outdoor atrium, ample parking, convenient 

to all. Don’t miss the opportunity 

to lease from 1500 to 23,000 sq.ft. 

w/great exposure – will build to suit! 

NORTH SITE REALTY 516-921-8400 

OPENINGS 

PHYSICIANS 

EMERGENCY MEDICINE 

TeamHealth East is seeking physicians 

for a comprehensive healthcare institution 

in Syracuse. The 50,000-volume 

ED provides 48 hours a day of physician 

coverage and 36 hours a day of 

MLP coverage. Preferred qualifications: 

BC/BP in EM. Considered qualifications: 

BC in a primary care specialty 

with prior ED experience. Contact 

Donna Swider at 800-848-3721 x4356 

or email: dswider@teamhealth.com. 

Although MSSNY believes the classified advertisements in these pages to be from reputable sources, MSSNY does not investigate the offers 

made and assumes no liability concerning them. MSSNY reserves the right to decline, withdraw or edit advertisements at its discretion. Every 

care is taken to avoid mistakes but responsibility cannot be accepted by MSSNY for clerical or printer’s errors. 

October 2008 — MSSNY’s News Of New York — Page 15

Sell Them! Right Here! - Medical Society of the State of New York

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