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President's Message May 2017

MAY 2017

Political Advocacy…Your Practice and Future Depend on It

Do you wish to continue to practice medicine and preserve quality patient care? If so, then I urge you to keep reading….

One of the most vital functions that we, as a local medical society, carry out for our SBCMS membership of 3,000 is that of political advocacy. This continual, behind the scenes communication to and with our elected officials and government representatives goes to the very “heart” of our pledge and responsibility to society to save lives and ensure that the delivery system is viable.

Our ability to influence policy-makers to support our role as practitioners correlates directly to our facility in gaining their respect and attention, which leads to positive action on our behalf. One of the most impactful ways we can connect is by developing these relationships and giving them the opportunity to know who and what we represent as well as appreciate why our core issues are so important to our population.

YOUR SUPPORT OF LOPAC (our local political action committee) allows us to attend local political events, meetings and presentations that foster direct interaction and education with our representatives. The more our officials and their staff members are informed about our challenges, concerns and pathways for care-giving success, the more likely they will be to support us at the legislative and policy levels. After all, we share the same constituency, and we mutually wish nothing more than health and well-being for all.

This past year, for the 2016-17 period, we received a dismally low number of “LOPAC” contributions from our members. This is ironic, since we are in the throes of dealing with some of the most serious issues of our time, issues which can make or break a physician’s or medical group’s ability to remain in practice: preserving Proposition 56 Tobacco Tax funds as they were intended for Medi-Cal reimbursements and GME slots as well as the aftermath of our hard-fought victory to defeat Proposition 46 to ensure the cap on MICRA damages.

Low contribution amounts severely limit SBCMS’ ability to participate in events with crucial one-on-one interaction and credible discussions with our representatives that will enlighten them.

It is essential that we increase our donations going forward.

I would like to ask you to consider making a donation to LOPAC today at any level ($25, $100, $500…). Please make your check payable to “LOPAC” or “Physicians Political Action Committee of SBCMS” and mail to: SBCMS, 1859 W. Redlands Blvd., Redlands, CA. 92373. You may also contribute online immediately: click here.

Your contribution will be the catalyst that sparks action from our local legislators and Supervisors which will, in turn, empower us as a physician community to bring meaningful policy change for a quality health care system.

Thank you for your serious consideration and your activism.

Sincerely,
Michael A. Sequeira, M.D., FACEP

California's kindergarten vaccination rates hit new high

Vaccination rates among California kindergartners are at their highest point since 2001, according to new data from the California Department of Public Health (CDPH).  Compared to 2015-16, the percentage of students attending kindergarten in 2016-17 who had received all required vaccines rose from 93 percent to 96 percent.

California's new vaccine law (SB 277), which was sponsored by the California Medical Association and took effect last year, eliminated the personal belief exemption and requires all children to be up-to-date on their vaccinations prior to enrolling in a public or private elementary school or child care center, unless the child has a medical exemption.

“This success is a first step toward reducing the number of unimmunized people putting our families at-risk for preventable diseases, thereby restoring community immunity throughout our state in the coming years, ” said pediatrician and Senator Richard Pan, M.D., who co-authored the bill with Senator Ben Allen.

The CDPH data shows that while vaccination rates rose for this kindergarten class, there are still large numbers of unvaccinated children who were exempted from vaccination when they entered school in previous years.  A study in JAMA Pediatrics determined it will take California six years for the benefits of its new school vaccination law to be fully realized.

Physician leaders converge on the Capitol for CMA's 42nd annual lobby day

Over 400 California Medical Association (CMA) member physicians, medical students and physician supporters gathered in Sacramento on April 13 to bring the voice of medicine to legislators. During CMA's 42nd annual Legislative Advocacy Day, physicians discussed the many threats – and opportunities – facing the practice of medicine in California.

The group also headed over to the Capitol in white coats to speak to their legislators about critical legislative issues affecting the practice of medicine in California. Among the issues discussed with legislators were: expanded training opportunities for primary care physicians in California, responsible beverage-service training to reduce drunk driving and out-of-network billing.

CMA President Steve Larson, M.D., greeted attendees, saying, “You are the heart of medicine and here to talk from your hearts to legislators. Legislators will remember your face and remember the stories you tell about how bills will affect you and your patients.”

Assembly Republican Leader Chad Mayes addressed the attendees after lunch, telling them that he understood the scope of practice issue from personal experience. “When I was 10 my mother chose to not go to a doctor, but instead sought help for the birth of my brother from an alternative practitioner. We received a call after the birth to find out she was in the hospital with a uterine infection that almost killed her,” Mayes said. “I understand there is a reason you receive such extensive training. I understand you are the ones that should be giving care to patients This is why it is so important that legislators hear your voice. If you do not lobby for your issues, someone else will lobby for something that could endanger the California (patient) population.”

With top Sacramento political consultant Jason Kinney moderating a panel of consultants for the Save Lives California Coalition, the group talked about the signature-gathering phase of the campaign. The initiative seeks to increase the state’s tobacco tax from its current $0.87 per pack – a rate that hasn’t been changed since 1998 – to $2.87 per pack. That tax will also apply to other tobacco products containing nicotine. The ballot measure will save lives and reduce teen smoking, as well as generate revenue for many of the state’s underfunded health care programs.

CMA, as a member of Save Lives California coalition, is currently collecting signatures to qualify the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 for the November ballot.

Jim DeBoo, Save Lives California campaign manager, encouraged attendees to get involved in the signature gathering process.

“Our goal is to get 150,000 signatures from volunteers like you,” said campaign manager Jim DeBoo. “In this way we get to meet voters where they are at and have them listen to the CMA membership explain what the initiative would do.” DeBoo also led the successful No on Proposition 46 campaign in 2014 that sent the trial lawyers' anti-MICRA initiative to a resounding defeat.  

In March, the state Legislature approved a package of groundbreaking tobacco control bills that would increase the legal smoking age from 18 to 21 and regulate the manufacture and sale of electronic cigarettes for the first time. Governor Jerry Brown is expected to sign the bills into law.

“These issues – smoking cessation and the lack of regulation of e-cigarettes – now have support with 60 percent of Californians,” DeBoo said. “We have a good chance to pass this initiative because of this support, the publicity surrounding the Legislature's actions and the potential for a large voter turnout for the presidential election.”


How will SGR reform affect Medicare reimbursement?

On April 14, Congress passed the Medicare Access and CHIP Reauthorization Act of 2015. The law eliminates the 21 percent physician fee cut that was scheduled to take effect on April 1 as part of the Medicare sustainable growth rate (SGR). The Centers for Medicare and Medicaid Services (CMS) announced that it will immediately begin work to implement the new provisions of the law.

In preparation for the possibility that Congress might not act before the April 15 deadline, CMS had instituted a 10-business day processing hold for all impacted claims with dates of service beginning on April 1. While the Medicare administrative contractors (MACs) have been instructed to implement the rates in the new legislation, a small volume of claims will be processed at the reduced rate based on the negative update amount. CMS has asked the MACs to automatically reprocess claims paid at the reduced rate with the new payment rate.

The California Medical Association spoke with the California MAC, Noridian, and the numbers of physicians that will see a reduced rate were minimal (170 claims submitted on April 1 in 13 states). Claims submitted on April 2 were processed correctly at the levels in place since January 1. Noridian is working on automatically reprocessing claims received on April 1 that were processed at the lower rate with no action needed from physicians.

Physicians can expect to see a 0.5 percent increase in reimbursement update on July 1, and another 0.5 percent update on January 1, 2016.

Contact: Michele Kelly, (213) 226-0338 or mkelly@cmanet.org

Save Lives California announces package of tobacco-related legislation

Save Lives California, a coalition supported by the California Medical Association (CMA), joined local lawmakers at the state Capitol to announce a broad, multi-legislative effort with a single unifying goal: Saving lives from the public health threat posed by Big Tobacco.

The effort revolves around five bills in the state legislature that would raise the tobacco tax by $2-per-pack (SB 591, Pan), help keep tobacco out of the hands of youth by raising the minimum age to 21 (SB 151, Hernandez), regulate e-cigarettes (SB 140, Leno), ban tobacco products in the state’s ballparks (AB 768, Thurmond) and expand access to health care for low income Californians (AB 1396, Bonta).

Two of the proposed laws — SB 140 and SB 151 — were discussed by the Senate Health Committee the day of the announcement. Both were approved and will now head to the Senate Appropriations Committee for further consideration.

“These are five critically important pieces of legislation with momentum that is picking up as we realize what a huge dent they could make in the tobacco-related challenges we face on multiple fronts here in California,” said three-time cancer survivor Laura Tyrrell. Tyrrell’s mother and father both died of lung cancer.

SB 140 cracks down on e-cigarettes, subjecting them to many of the state rules that apply to other tobacco products, such as the prohibition of smoking in certain public areas. Senator Mark Leno (D-San Francisco) said he authored the bill to address a “very serious health crisis and potential unfolding of a new health crisis.”

“It doesn’t ban them [e-cigarettes]. It doesn’t impede innovation. It doesn’t do anything other than regulate them as tobacco products,” Leno said. “This is a very fast-growing industry, and it is totally unregulated.”

The health committee approved Leno’s bill as amended on a 6-1 vote.

SB 151, on the other hand, would raise the minimum age to buy tobacco products from 18 to 21 — a move that would result in far fewer young people becoming addicted to nicotine, according to the bill’s author, Senator Ed Hernandez (D-West Covina).

A recent Institute of Medicine report shows that when the minimum purchasing age for tobacco is increased, there is a decreased use of tobacco by young people.

“We can no longer afford to sit on the sidelines while Big Tobacco markets to our children and gets another generation of young individuals hooked on a product that will ultimately kill them,” said Hernandez, a few hours before the bill passed through the health committee on a 9-0 vote.

“Today I’m very proud to stand with my colleagues and allies to support a number of bills that will curb the devastating impacts of tobacco in California and set a new precedent for other states to follow,” said Assemblyman Rob Bonta (D-Oakland), author of AB 1396.

The Saves Lives Coalition, a group of doctors, nurses, health care workers, hospitals and others including CMA, supports all five of the bills. For more information on Save Lives California, visit www.savelivesca.com.

We Care for California coalition introduces legislation to increase Medi-Cal rates to Medicare levels

Senate Health Committee Chair Ed Hernandez and Assembly Health Committee Chair Rob Bonta joined health care providers, medical students, patients and advocates on the steps of the Capitol on Wednesday to introduce AB 366 and SB 243, legislation that would not only restore a 10 percent cut to Medi-Cal reimbursement rates, but would also place reimbursement on par with Medicare, increasing payments rates for inpatient hospital services and most outpatient services. The proposals would also require the Department of Health Care Services to pay Medi-Cal managed care plans at the upper end of the rate range so as to ensure a more robust Medi-Cal provider network.

“A Medi-Cal card needs to be more than an empty promise,” said Senator Hernandez. “Expanding access to health care coverage, as we have done under the Affordable Care Act (ACA), is a significant accomplishment. Unfortunately, millions of Californians in the Medi-Cal program lack that access because we pay providers an embarrassingly low rate.”

In 2011, Medi-Cal payment rates to doctors, hospitals, dentists and other providers were cut by 10 percent as a way to balance the state’s budget. California now has one of the lowest payment rates in the country. At the same time, the Medi-Cal program now covers more than 12 million patients, one in three Californians, as a result of expanded eligibility under the ACA.

“I believed then, and I believe now, that health care should be a right and not a privilege,” said Assemblymember Bonta. “Bills AB 366 and SB 243 are critical steps toward ensuring that the health care coverage millions have signed up for is meaningful and actually provides real access to quality health care.”

“As physicians, we want to provide care to patients, and especially to the poorest and most vulnerable among us,” said Luther Cobb, M.D., California Medical Association president. “With primary care reimbursement rates as low as they are, many physicians are forced to stop taking new Medi-Cal patients as they simply can’t keep their doors open. In areas like rural, northern California where I practice, that can mean patients have longer wait times or have to drive farther to get care.”

A 2011 survey funded by the California HealthCare Foundation of over 1,500 Medi-Cal beneficiaries identified difficulties in finding coverage, with 34 percent of Medi-Cal beneficiaries saying it was difficult to find health care providers who accept their insurance, compared to 13 percent of people with other coverage. The survey found a higher percentage of adults with Medi-Cal say they have more difficulty getting appointments with specialists and primary care providers than adults with other health coverage (42 percent vs. 24 percent for specialists, and 26 percent vs. 15 percent for primary care providers).

Join CMA March 26 for Legislative Advocacy Day Lobbying 101 webinar

Participants in the California Medical Association's (CMA) 2015 Annual Legislative Advocacy Day, scheduled for Tuesday, April 14, are invited to attend a special Lobbying 101 webinar to review CMA’s list of sponsored bills to be lobbied and to learn effective advocacy tips. CMA’s Center for Government Relations will host the webinar on March 26 from 6-7 p.m.

Legislative Advocacy Day will be held at the Sheraton Grand, located at 1230 J St., Sacramento. If you have not registered, contact Lucy Garcia at 909-273-6000 or lgarcia@sbcms.org. Click here to view the agenda for the day.

All Legislative Advocacy Day registrants will be automatically enrolled in the webinar; please let us know if you don't receive an email with webinar instructions prior to March 26. If you cannot attend Legislative Advocacy Day, but would still like to attend the webinar, please register here. For assistance with webinar details, please contact Brooke Byrd at bbyrd@cmanet.org.

CMA attends California Democratic, Republican Party Conventions to showcase health care efforts

The California Medical Association (CMA) sent a large contingent of physicians, medical students and staff to the California Democratic Party Convention in Los Angeles, March 7-9. As the trial lawyers are major Democratic party financial contributors, our presence was critical to the ongoing battle over the Medical Injury Compensation Reform Act (MICRA).
 
Joining the group of 3,000 California Democratic delegates and guests, CMA’s physicians and medical students, donning their crisp white lab coats, had a major presence. Roaming the halls, lining the backs of caucus rooms and speaking to delegates, CMA’s representatives were the talk of the convention.
 
Physicians and students spoke out regarding CMA’s commitment to access to health care in California, particularly the effects any changes to MICRA would have on our state's health care system. Our volunteers at the CMA booth engaged hundreds of people in conversation about the importance of MICRA – leaving a truly lasting impression. And, during the huge general session, students greeted hundreds of delegates with information regarding the trial lawyers’ ballot measure “sweetener” ploy.
 
CMA is extremely grateful to the over 100 physician members and medical students for their time, enthusiasm and dedication. Their energy was impossible to ignore, and the “white coats” created wonderful opportunities to start conversations about health care in California.
 
CMA also sent a contingent of physicians and staff to the California Republican Party Convention this past weekend in Burlingame. California Republicans have been consistent supporters of MICRA and other tort reform efforts, and this year is no different as we face the trial lawyers' latest challenge. CMA's representatives to the Republican convention not only spoke to the delegates about the critical importance of continuing to support MICRA, but also touched on many other health care issues facing physicians in Sacramento this legislative session.

CMA announces sponsored bill package for 2014

The California Medical Association (CMA) recently announced its sponsored bill package for 2014, which includes legislation that would increase access to care in California, restore the 10 percent Medi-Cal provider rate cut and strengthen physicians' rights when contracting with managed care plans. Below are summaries of CMA's eight sponsored bills:
 
All Products Clauses (AB 2400)
 
This bill would prohibit health service plans from executing agreements with physicians that contain provisions requiring them to participate in all networks or products that are currently offered or that may be offered by the health plan. The bill would allow physicians to opt-in in each network or product.
 
Sugar-Sweetened Beverages Safety Warning Act (SB 1000)
 
This bill would prohibit the sale of most non-alcoholic beverages with added sugar and over 75 calories per 12 fluid ounces without the following warning label, “STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.”
 
MediCal reimbursement (AB 1805)
 
This bill would restore the 10 percent cut to Medi-Cal provider reimbursement rates that was enacted as part of the 2011 State Budget Act. It seeks to bolster provider participation in the Medi-Cal program as the State implements the rollout of health care reform.
 
Funding for Primary Care Residency Programs (AB 2458)
 
This bill would appropriate funding to graduate medical education programs in primary care specialties (internal medicine, pediatrics, obstetrics and gynecology and family medicine) to ensure an adequate and properly distributed supply of physicians, immediately and over the long term.
 
UC Merced (SB 841)
 
This bill would appropriate $2.8 million in an effort to recruit and retain physicians in the Central Valley. Specifically, SB 841 would appropriate $1.8 million for the University of California San Joaquin Valley Program in Medical Education (PRIME) beginning in fiscal year 2015-16, and would appropriate $1 million to begin the planning effort for the establishment of a medical school at UC Merced.
 
Allied Health Professional Supervision Numerical Limits (AB 2346)
 
This bill seeks to increase the capacity of California’s health care system to provide quality, physician-led access to care. It would change current law to allow a physician to supervise up to 6 (current limit is 4) physician assistants, nurse practitioners or certified nurse midwives at any moment in time.
 
Telehealth Reimbursement: Telephone and Electronic Patient Management Services (AB 1771)
 
This bill would require health insurance companies licensed in the State of California to pay physicians for telehealth services, including telephone or other electronic patient management.
 
Administrative Efficiency for Health Facilities (AB 1755)
 
The bill would adopt the Health Information Technology for Economic and Clinical Health (HITECH) Act as the standard for health care data breaches and move state law closer to federal law.
 
CMA will also take a position on hundreds of additional bills over the course of the next few months. CMA's Council on Legislation (COL) will be meeting on March 20 in Sacramento to discuss the association’s legislative priorities for 2014. COL is composed of more than 60 physicians from around the state who are nominated by their delegation, county medical society or specialty society, and meet annually to discuss and recommend CMA's positions on numerous pieces of legislation pertaining to the house of medicine.
 
All of the recommended positions taken by COL will be presented to the CMA Board of Trustees for finalization at its April 15 meeting. These then become CMA’s official positions throughout the current legislative cycle.
 
Contact: Tony Campa, (916) 551-2062 or tcampa@cmanet.org.