Governor's Newsletter, Summer 2002

Update from PCIM

Editor's Note: This mailing is a periodic communication with the members of PCIM. Your comments and suggestions are welcome and should be sent to pcim.hq@verizon.net.

PCIM Protects Internists in CAT Fund/Med Mal Fight

After months of internal battles in the Capitol, Governor Mark Schweiker recently signed Act 13 of 2002, in an attempt to "solve" the problems of patient safety, medical malpractice premium hikes and the CAT Fund liability.

Signing of the bill represented a victory for PCIM's lobbying effort on behalf of its members. In a previous version of the legislation, the bill passed the Senate with a provision collapsing the rate system for CAT Fund payments to a maximum of eight, to be determined by the Insurance Dept.

PCIM led a lobbying effort with the Pennsylvania Academy of Family Physicians to correct this potentially devastating amendment. As a result of intensive lobbying in both Republican and Democratic caucuses and of grass roots lobbying by PCIM members, the House restored the current rate class system.

Several members of the House of Representatives spoke out for general internal medicine in caucus and on the house floor. Among these, and deserving our special thanks, were Representatives Pat Vance of Cumberland County, Matt Baker of Tioga County, Ellen Bard of Montgomery County and John Maher of Allegheny County.

The final bill, HB 1802, retains all 16 rate classes for CAT Fund payments, and we avoided any language dealing with "loss of pleasures of life". In addition, the bill puts in place a statute of repose for actions on medical liability. All three actions were major victories for Internal Medicine.

The Statute of Repose section of the Act was another significant change, and now asserts that no cause of action asserting medical liability claims may be commenced after seven years from the alleged tort or breach of contract. The only exceptions are injuries caused by foreign objects left in the individual's body, and a break off age of 20 years if a cause of action relates to an injury to a minor. Those actions must be brought within two years after the death.

A final major roadblock to the bill was whether the legislature would consider the issue of venue. A disproportionate number of medical malpractice actions are filed every year in Philadelphia, where jury awards average twice that of the rest of the state. PCIM had lobbied for legislation to require a lawsuit be filed in the county where the alleged malpractice occurred. The Act establishes an Interbranch Commission on venue, with representatives of the Court, the General Assembly and the Attorney General, which is charged with reviewing the problem and making recommendations to the General Assembly for changes by September 1, 2002.

Annual Meeting
October 11-13, 2002

Join your colleagues at the Pennsylvania Coalition for Internal Medicine Annual Meeting in Philadelphia at the University of Pennsylvania's Houston Hall. Topics include: Critical Care Ethics, Cancer Screening, Obesity, Adult Immunizations, Prevention of MI, Patient Safety and Medical Errors. Check the meeting brochure (coming soon) for details.

Governor's Letter

Ralph Schmeltz, MD, FACP

Colleagues:

It's been an eventful few months since our last communication with you. Medical issues remain in the headlines, from the Medical Malpractice Act passed the Legislature, to the current controversy between Highmark and UPMC in our Western Pennsylvania Region. We continue to monitor these and other legislative and regulatory issues, lobbying to create positive outcomes for Internal Medicine. To improve our ability to influence legislation we are initiating a Key Contact Program. Establishing relationships with the representatives and senators in our own districts is one of the best ways to have our voices heard in the state and national legislatures. We are looking for an individual member in each state house and senatorial district, and each congressional district to represent the College. If you don't know who your legislators are, send an email to our statewide office with your address and zip code and we will find out for you. A primer in legislative action as well as background material will be provided. Email/fax will be the prime means of communication for this group as rapid response is frequently beneficial. If you are interested or already have an established relationship, please notify me through the statewide office or via phone (412) 647 4545 or email at schm@med.pitt.edu)

There are a number of other issues of importance:

Pennsylvania sponsored resolutions asking for reimbursement for telephone management of anticoagulant therapy. These were adopted by the Board of Regents and are now policy of the organization. They will now become part of our ongoing discussions with Medicare.

Recertification remains an area of concern for many. Those who have time limited certification in Internal Medicine and its subspecialties are faced with an onerous path to retain their standing. The American Board of Internal Medicine is an independent body not controlled by ACP-ASIM, though our members represent the bulk of the individuals involved. Your leadership remains in ongoing negotiations to create a reasonable and rational process to attest to the ongoing scholarship and competence so many of us have made part of our professional lives. Specifics of our positions are available on the Internet or by calling your state office at 800-846-7746. If you have a specific issue, please call me.

The Annual Meeting of the Pennsylvania College of Internal Medicine is scheduled for October 11-13, 2002 in Philadelphia. An exciting educational program has been planned. Join your colleagues, meet your leadership, and earn CME all in a close to home venue with little time away from your practice.

The ongoing revitalization of our statewide organization continues: With the hiring of our full time executive director, John Derrickson, an office has been created to serve you. Our committees have been reinvigorated. Currently, Health and Public Policy, Medical Services, Associates, Membership, Finance, Nominating and Awards groups meet on a regular basis. Slots are available in these as well as other groups that will be having organizational conference call meetings in the near future (Women in Medicine, Diversity, International Medical Graduates, Medical Students). These groups are only as successful as the members who serve on them. We need you! If you have an interest in participating in one or more of the above groups, call 800-846-7746 or email (pcim.hq@verizon.net)

There are more ways than ever to Advance to Fellowship. If you have been a Member of the College for more than 2 years, you are eligible to be considered for advancement through one of four pathways. Publications are not the only way. Call the office for an application packet.

As the summer season arrives, we are now planning for next year's activities. Take some time off, smell the flowers and watch the butterflies. As well, think about joining us to help our regional and statewide organization better serve your needs.

Congratulations to ACP-ASIM Fellows elected in 2001:

Christine A. Byrnes - Lower Gwynedd
Marilyn S. Daroski - Pittsburgh
John M. Draganescu - Darby
Donald E. Fetterolf - McDonald
John K. Finkle - Wynnewood
Carmen Guerra - Philadelphia
Mohamed H. Hassan - York
George W. Heffner, Jr. - Orwigsburg
Susan K. Irby - Pittsburgh
Bachar Kassem - Monroeville
Maqsood A. Malik - Pottsville
Scott Manaker - Philadelphia
Walter J. O'Donnell - Pittsburgh
Marc I. Sandberg - Doylestown
David C. Schaefer - Hanover
Radhika Srinivasan - Philadelphia
Glenn L. Stoltzfus - Lancaster
Douglas F. Turtzo - Nazareth
James J. Walsh - Sayre

…and Congratulations to ACP-ASIM Fellows elected in 2002:

Alan M. Berg - Pittsburgh
Geoffrey L. Braden - Bala Cynwyd
Theresa A. Burick - Mechanicsburg
Joanne T. Connaughton - Darby
Steven M. Ettinger - Harrisburg
Farid T. Fata - Danville
Jyothi K. Gella - Johnstown
Eric J. Gertner - Macungie
Sun Tak Han - Chinchilla
Margaret L. Hoffman-Terry - Allentown
William F. Iobst - Allentown
F. Wilson Jackson - Camp Hill
Alfred J. Joseph - Hermitage
Gina M. Karess - Allentown
Louis P. Leite - Camp Hill
Mark A. Lopatin - Jamison
Antonia A. Mendoza - Pittsburgh
Usha K. Mohandas - Corry
Mary F. Morrison - Wynnewood
Rajani K. Pathak - Dubois
James M. Ross - Macungie
Matthew H. Rusk - Philadelphia
Hayman S. Salib - Easton
Kathy J. Selvaggi - Kittanning
Ajay Shetty - Scranton
Mary E. Singer - York
Kelly A. Spratt - Philadelphia
Margaret M. Still - Mifflinburg
Julie A. Stone - Jamison
Edward M. Tsai - Indiana
Stephen A. Volk - Allentown
Lewis V. Whitman - Allison Park

Frivolous Lawsuits - It's about time someone noticed!!

PCIM had worked with legislative leadership for passage of Senate Bill 406, which would have helped to curtail frivolous lawsuits. Early this year, an agreement between the Supreme Court and the General Assembly led to the Court's decision to take on the issue itself. In late April, the Supreme Court approved Rule 1023, which is designed to reduce the time spent in courts on cases where the claims - or defenses - cannot be proven reasonably in court.

Under Rule 1023, parties in a lawsuit now have a 28-day time frame where differences can be resolved before asking for a hearing. A judge is empowered to strike frivolous claims and materials from the pleadings and can even mandate fines. In the past, people who were hit by frivolous suits would have to win and then sue for damages. The new rule also holds the lawyers' law firm responsible for violations, and establishes procedures, sanctions and guidelines for dealing with frivolous claims.

Don't Forget to Do More Than Vote

The 2002 election cycle is a critical time politically. We will be electing a Governor, 19 Members of Congress, 25 State Senators and 203 State Representatives. PCIM is working with the staff of the major gubernatorial candidates to insure that they understand the needs of practicing internists and residency programs. Likewise, we are keeping up the pressure on House and Senate candidates to educate them to the real needs of the state's health care system.

Last year, PCIM endorsed Judge Michael Eakin for the State Supreme Court. His election has made a significant change in the way our court system views tort law and medical malpractice lawsuits.

Vote …

This year's election also provides you with an opportunity to make your views and needs known. Take time to get involved this year. Vote. Get to know the candidates and how they stand on issues important to you. Let them know you are interested in their positions. And if you get a chance, participate in local fundraisers. Building strong relationships starts at your local level.

Western Penn Team Earns Strong Second in National Competition

by Lazaros Nikolaidis

The annual National "Doctors' Dilemma Challenge" (also known as "Medical Jeopardy" competition) took place at the ACP-ASIM's recent Annual Session in Philadelphia. Twelve teams of internal medicine residents, representing regional winners across the United States, qualified for the final round.

Among them, and the "pride of PCIM," were the 2001 Pennsylvania State champions from the Western Pennsylvania Hospital. The three members, Fadi Alfayoumi, Harchetan Singh, Hiren Shah, coached by Chief Resident Andreas Achilleos, qualified at the Western Regional by defeating last year's National Champions from Allegheny. They then went on to capture the state championship by beating Eastern (Lankenau) and Central (Guthrie) PA winners.

In Philadelphia, West Penn defended the National trophy captured by another Western PA team, Allegheny General, last year in Atlanta. The team from West Penn performed strongly in a very close "National Final" against teams from Texas, West Virginia and Florida. All of the "final four" teams answered the "Grand Final Jeopardy" question, a case of hairy cell leukemia. After a roller-coaster game, West Penn lost to The University of Texas at Galveston by a single point: 681-680.

Yes, after a score like that there was the anticipated disappointment of missing the "gold". But bringing home the "silver" is no small achievement! Congratulations to our Western PA team for earning second place honors in such a prestigious national contest! West Penn: you did a yeoman's job and made us all proud once again! Look forward to carrying this great Western PA tradition into the next academic season.

Lazaros Nikolaidis, MD is Instructor of Medicine, MCP-Hahnemann University; Division of Cardiology, Department of Medicine, Allegheny General Hospital, Pittsburgh, PA. He has directed the PCIM state-wide "Doctors' Dilemma Challenge" for the past two years. For more information, he can be reached at lazaros@pol.net.

What's New

Contact Information

Eastern Region
Richard J. Simons, MD, FACP, Governor

Southeastern Region
Charles Cutler, MD, FACP, Governor

Western Region
Alejandro R. Gonzalez, MD, FACP

John Derrickson
Executive Director
Phone: 610-543-6880 or Toll-free: 800-846-7746
Fax: 610-543-6806
E-mail: pcim.hq@verizon.net