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NYS SOciety of ORTHOPAEDIC Surgeons

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  • Wed, January 11, 2023 7:15 PM | Babette Atkins (Administrator)

    By NYSSOS President Samuel Flemister, MD

     The Governor’s address and accompanying book contained a number of measures that are of great interest to the orthopaedic community. Her initiative to focus on helping seniors live healthy and independent lives is an imperative. As NYSSOS members can attest, mobility is the greatest factor in maintaining independence, and helping seniors remain mobile and active is a singular focus of New York’s orthopaedic physicians as New York is home to the fourth largest population of older adults that continues to grow. We are eager to help the Governor succeed.

    Other initiatives contained in the Governor’s message that are timely and necessary include proposals to address staff shortages, reform the certificate of need process, as well as proposals to expand insurance coverage.

    Perhaps most notable is the Governor’s call to establish a Commission on the Future of Health Care. New York must adapt for the 21st century leveraging team-based care led by physicians, the power of technology and telehealth and lessons learned from the COVID-19 pandemic. We look forward to being part of these important discussions with other stakeholders, which must also address insurance and prior authorization reform and achieving comprehensive medical malpractice reform. These discussions are important as we seek to assure continued access to care for patients, reduce healthcare disparities and strengthen the healthcare workforce, systems and ecosystem.

    NYSSOS recognizes the State of the State is the first step followed by the release of the Executive budget proposal and looks forward to discussing these important issues with the Governor and Legislature.

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    About NYSSOS: Representing more than 800 orthopaedists across New York State, NYSSOS advocates for orthopaedic surgeons, patients and musculoskeletal health in New York State. NYSSOS is the orthopaedic community’s primary source of information and expertise concerning: legislative/regulatory advocacy (local, state and federal levels); practice trends and change; leadership training for national, state, and local issues and opportunities; assistance with establishing and maintaining a practice; and familiarity with state practice guidelines impacting the profession and patient care. Learn more at www.nyssos.org

  • Wed, January 11, 2023 2:20 PM | Babette Atkins (Administrator)
    As reported in a recent Times Union news story, Governor Hochul continues to contemplate signing a measure (S74a/A6770) that would significantly alter New York’s wrongful death laws. As written, S74A, known as the “Grieving Families Act,” vaguely identifies who’s eligible to recover damages in wrongful death claims and the types of losses and damages for which plaintiffs may receive compensation. The legislation would impact all areas of liability, including medical liability, and lacks important payout caps adopted by many of the nearly 40 other states with these types of laws.

    It’s no secret that New York’s medical liability system is broken, failing both practitioners and patients. It’s wasteful, costly, inefficient and inconsistent. Based on those concerns, the New York State Society of Orthopaedic Surgeons (NYSSOS) for years has joined a vast chorus of organizations in calling for the development of a comprehensive package of medical liability reforms that improve patient access to care, enhance patient-physician communication, facilitate improvement of patient safety and quality of care, reduce defensive medicine, decrease liability costs, and fairly compensate negligently injured patients.

    S74A will do little to facilitate these goals.  In fact, one recent actuarial study has estimated that this legislation could increase New York ’s already high medical liability premiums by as much as 40%. Moreover, Deiderich Healthcare ’s 2020 report identified New York as the national leader in malpractice payouts, which in 2019 exceeded $661 million dollars. The study further found New York second in the nation on a per capita basis in payouts. Advancing the legislation as written will only fuel more unpredictable and inequitable compensation amounts from case to case that are not necessarily related to medical negligence or adverse events.

    But the most troubling issue with the legislation is not the dollars, it’s the impact that these already high costs have on patient care. More than 30 hospitals already receive extraordinary financial assistance from the state to sustain patient care services, and if this bill is signed in its current form, we risk hospital, emergency room, primary care and urgent care closures. These consequences will most severely impact safety net care providers in underserved communities, placing those with below average access to quality care at risk and compromising the social equity the bill’s proponents seek to achieve.

    The Governor should use a veto as an important pause to reconsider a more balanced approach and bring New York into alignment with other states that have applied necessary and reasonable restrictions to similar legislation. Otherwise, the bill will reverse the state’s current investments in its health care workforce, threaten retention and growth in this sector of our economy and harm New Yorkers across the state by jeopardizing access to vital health care services. This would include orthopaedic high risk patients such as the elderly or persons with physical trauma.

    For these reasons, NYSSOS has joined with numerous other organizations and industries to urge Governor Hochul to veto this bill. We also encourage policy makers to address liability reform with a more thoughtful and balanced approach to achieve comprehensive reform as other states have recently done, proving that consensus can be forged to protect patients as well as the health care system and physicians.

    To provide a more meaningful context, consider that in her inaugural address Governor Hochul pledged to address what she termed “the affordability crisis in New York State.” This is a critical concern as a new census report found New York had the greatest population loss of any state between July 2021 and July 2022, with 180,000 New Yorkers leaving. Enacting S74a will only further incentivize an exodus the state can ill afford by driving insurance cost increases in nearly every sector, including health insurance, automobile insurance, and virtually every type of liability insurance.

    A veto of S74A provides the Governor with a clear opportunity to address this crisis. We encourage her to do so, swiftly.

    Samuel Flemister, MD, President of the New York State Society of Orthopaedic Surgeons, and Board Certified Orthopaedic Surgeon

     

    Appeared in

  • Fri, January 06, 2023 9:33 AM | Babette Atkins (Administrator)

    The AAOS approved an update to the 2015 Clinical Practice Guideline (CPG) for the Surgical Management of Osteoarthritis of the Knee.

    This CPG updated 18 of the 38 evidence-based recommendations included in the 2015 CPG.

    This update resulted in 10 strong and six moderate recommendations for the surgical management of skeletally mature patients diagnosed with osteoarthritis of the knee.

    View the new CPG

  • Tue, January 03, 2023 2:20 PM | Anonymous

    Amid a torrent of recent bill signings, Governor Hochul signed into law a measure (S4640/A273) mandating physicians treating painful neuromusculoskeletal conditions to consider, discuss, and, if appropriate, refer or prescribe non-opioid treatments before prescribing an opioid.

    NYSSOS aggressively opposed this measure along with many other stakeholders due to its inherent interference with the physician-patient relationship and negation of the physician's expertise regarding treatment for neuromuscular problems. The enactment of this law was one of five bills signed by Governor Hochul to enhance access to care and treatment for substance use disorders. NYSSOS will continue to work with policymakers to mitigate the impact of the measure

    In the meantime, NYSSOS is seeking clarity from state regulators concerning compliance and general implementation information. We will share any guidance provided by the state as soon as it becomes available.

    In another action, Governor’s Hochul vetoed a bill (A879/S8113) that would have established important qualifications for clinical peer reviewers, who insurers and health plans use to make medical necessity determinations. The legislation would have required the reviewer to be a physician licensed in New York State and of the same or similar specialty as the physician who would typically manage the medical condition or disease or provide the treatment under review. Under current law, the reviewer does not have to be a physician licensed in New York State or have board certification and/or eligibility in the same or similar specialty.

    NYSSOS joined with other organizations, including the Medical Society of the State of New York (MSSNY), to advocate in support of this measure. The governor’s veto message included a number of reasons for rejecting the measure, chief among them the concern that it would “pull specialists out of health care and into claims review, removing them from hospitals and specialty care offices” and thus exacerbating the current health care workforce crisis. The governor indicated that she planned to revisit the issue in the upcoming legislative session. NYSSOS will continue to partner with MSSNY and other organizations to address the inadequacies and inequities of current claims review processes and broader insurance and prior authorization reform.

  • Fri, December 16, 2022 11:01 AM | Babette Atkins (Administrator)

    The Department of Health and Human Services, Office of Civil Rights (“OCR”) has published a Bulletin which officially states that incorporating certain tracking technologies into websites and mobile applications may cause HIPAA violations that could result in breach notification obligations as well as penalties. This includes platforms and services provided by companies like Meta (formerly Facebook) and Google.

    Covered Entities need to take immediate steps to identify their uses of tracking technologies and whether there are appropriate safeguards in place to prevent inappropriate use or disclosure of PHI. 

    Learn More

  • Wed, November 23, 2022 7:42 AM | Babette Atkins (Administrator)

     NYSSOS STATEMENT ON GOVERNOR HOCHUL’S SIGNING OF LEGISLATION PROTECTING NON-PUBLIC SCHOOL STUDENTS FROM CONCUSSIONS

    By Babette Atkins, NYSSOS Executive Director

    “Today, Governor Hochul signed into law legislation (S973/A8425) requiring non-public schools to abide by the Concussion Management Awareness Act of 2011. NYSSOS has been a strong advocate of this legislation.

    “Under the new law, non-public schools must now meet the same concussion training and protocol standards as public schools, including: requiring biennial training for coaches, physical education teachers, nurses and athletic trainers on the signs and symptoms of concussions and the guidelines for returning to school; requiring the immediate removal of a student from athletic activities if it is believed they have sustained a mild traumatic brain injury; authorizing schools to establish concussion management teams; and other provisions.

    “NYSSOS is grateful to Governor Hochul, Assemblymember Burke, Senator Gaughran and the Legislature for providing these necessary protections for non-public school students.

    “While this legislation represents real progress in our efforts to assure students across all educational settings have the protections they deserve, more needs to be done. We look forward to continuing our work with policy makers to afford every reasonable protection possible.”


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    About NYSSOS: Representing more than 800 orthopaedists across New York State, NYSSOS advocates for orthopaedic surgeons, patients and musculoskeletal health in New York State. NYSSOS is the orthopaedic community’s primary source of information and expertise concerning: legislative/regulatory advocacy (local, state and federal levels); practice trends and change; leadership training for national, state, and local issues and opportunities; assistance with establishing and maintaining a practice; and familiarity with state practice guidelines impacting the profession and patient care. Learn more at www.nyssos.org

  • Tue, November 22, 2022 1:18 PM | Babette Atkins (Administrator)

    Today, Governor Hochul signed into law legislation requiring non-public schools to abide by the Concussion Management Awareness Act of 2011. NYSSOS has been a strong advocate of this legislation (S973/A8425).

    Under the new law, non-public schools must now meet the same concussion training and protocol standards as public schools, including: requiring biennial training for coaches, physical education teachers, nurses and athletic trainers on the signs and symptoms of concussions and the guidelines for returning to school; requiring the immediate removal of a student from athletic activities if it is believed they have sustained a mild traumatic brain injury; authorizing schools to establish concussion management teams; and other provisions.

    NYSSOS and our partners worked with Legislative leaders to ensure passage of the legislation, and after its passage in the Senate and Assembly sent a formal letter to Governor Hochul requesting that she sign the bill into law.

    We are grateful to the Governor and the Legislature for providing these necessary protections for non-public school students.

  • Fri, November 18, 2022 3:15 PM | Babette Atkins (Administrator)

    NYSSOS Immediate Past President John DiPreta, MD made two important visits to state legislative allies this week to recognize their strong leadership on critical musculoskeletal policy initiatives, and to accept a special message from the lawmakers marking NYSSOS’ 50th Anniversary.

    Assemblymember John T. McDonald III, RPh, (pictured in the blue suit) stands with Dr. DiPreta and holds the 2022 NYSSOS “Advocate of the Year” award, presented to him for his work in helping to ensure all patients have access to musculoskeletal care.


    Senator Neil Breslin (grey suit and red tie), who co-sponsored with Assemblymember McDonald prior authorization reform legislation known as the “gold card” bill, presents to Dr. DiPreta a New York State Senate Proclamation honoring NYSSOS for its 50 years of service to the musculoskeletal community. Assemblymember McDonald also presented a New York State Assembly Citation to mark the NYSSOS milestone.

       
    NYSSOS is grateful to Senator Breslin and Assemblymember McDonald for their leadership and support, and we look forward to a productive year of sound and effective health care policy in 2023.


  • Tue, November 08, 2022 2:00 PM | Babette Atkins (Administrator)


    Midterm election could shift balance of power in state legislature
    . On the eve of the midterm elections, much of the political focus in New York is on the race for governor and some key Congressional races…(nystateofpolitics)

    For Election Day, here's what to know and what to watch. A primer on everything from absentee ballot-counting to the races that matter..(timesunion)

    Board of Elections: NY poll workers prepped with de-escalation training. Threats to democracy have remained a top issue for voters this year as a Russian businessman Monday admitted to interfering in U.S. elections and says he'll continue to do so…(spectrumlocalnews)

    Ballot questions New York voters will be asked on Election Day. New Yorkers filling out their ballots on Election Day will find more than just candidates…(pix11)

    Voting law changes allow formerly incarcerated New Yorkers to vote. This midterm election could be the first year that formerly incarcerated New Yorkers have their voice heard since their convictions due to a 2021 law that reformed voting laws in the state…(nystateofpolitics)


    Capital Health Consulting LLC
    136 State Street, Suite 501 | Albany | NY | 12207

    www.capitalhealthconsulting.com

  • Fri, October 28, 2022 11:58 AM | Babette Atkins (Administrator)


    Biden visit highlights dueling Hochul, Zeldin plans for New York's economy. The race for governor of New York this years been dominated by a debate over public safety, crime and how to fairly treat people accused of breaking the law…(nystateofpolitics)

    Oregon could be 1st state to make health care a human right. Oregon voters are being asked to decide whether the state should be the first in the nation to amend its constitution to explicitly declare that affordable health care is a fundamental human right…(apnews)

    Hospitals test the goodwill of Congress on Medicare cuts. Hospitals are pleading with Congress to postpone looming Medicare pay cuts, citing what they say has been an extraordinarily difficult year…(axios)

    YouTube Health expands validation process for health information. As it attempts to combat health disinformation, YouTube is allowing certain healthcare professionals to apply for verification…(modernhealthcare)

    WHO: Tuberculosis cases rise for the first time in years. The number of people infected with tuberculosis, including the kind resistant to drugs, rose globally for the first time in years, according to a report Thursday by the World Health Organization…(apnews)

    Capital Health Consulting LLC
    136 State Street, Suite 501 | Albany | NY | 12207

    www.capitalhealthconsulting.com

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Advocating for the orthopaedic surgeon, patients and musculoskeletal health in New York.

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1-518-439-0000
Address: PO Box 38004, Albany, NY 12203


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