
CMA House of Delegates Annual
Meeting October 4-6, 2008, Sacramento, CA
Western Section AUA Annual
Meeting Oct. 26-30, 2008, Portola
Hotel Monterey, California MORE INFO
Socioeconomic
Forum October 26, 2008, Portola Hotel Monterey,
CA MORE INFO
CUA Annual
Meeting, October
28, 2008, Portola Hotel Monterey, California |

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California Urological
Association 1950 Old Tustin Ave. Santa Ana, CA
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Report on Medicare Fee Updates & Health
Policy Report By Jeffrey E. Kaufman, M.D., Past-President AACU &
CUA, WSAUA Health Policy Committee
1.
Medicare Fee Updates: The current Sustained Growth Rate formula, if
unaltered, will cause fees to decrease 10.6% on July 1, 2008 and another
5.4% on January 1, 2009 (ultimately falling a full 40% by 2013). Everyone in Washington
recognizes that the formula is flawed and such dramatic cuts cannot go
forward but they lack the political will to restructure the current
program. The cost attached to
simply freezing all fees and "scrubbing" pay back for the past several
years of freezes or small increases is estimated at $300 billion. Such
costs must be accounted for elsewhere in a budget that is already broken
from Iraq and other economic
challenges. The best of
several current pieces of legislation to address the short term challenge
will freeze the current rate (0.5% over 2007) for the remainder of this
year and provide another 1.1% raise in 2009. This 18 month extension will allow
Congress to reconsider the fundamental formula underlying updates after
the upcoming election. Unfortunately, although we were promised at the
April Joint Advocacy Conference that a fix would be voted on before the
drop dead date at the end of June, the latest word from Rep. Pete Stark,
chair of the House Ways and Means Health subcommittee is that the Senate
is dragging its feet and may not have legislation back to the House before
July 1. We are hoping that the chairman of the Senate Finance committee is
successful taking this vote directly to the floor and having a bill signed
by Bush in time but there is a great chance that we will have to rely on a
bill passed after the cut off date allowing retroactive relief. This very
important issue is still very much up in the air. At the same time, there is a great
deal of pressure in Washington to pay
more to primary care providers at the expense of specialists. If they are
successful, any increase in the overall Medicare payment structure may be
more than offset by budget neutrality adjustments causing a significant
net loss to urology.
2. The Recovery Audit Contractors
hired by CMS as bounty hunters to audit past Medicare payments up to 3
years previous caused California urologists a great deal of stress last
summer when they focused on prior LHRH payments. We were successful in
defeating those demands and working with CMS to improve the program.
However, the program is now expanding to cover all 50 states with
authorization to target any past payments up to 3 years old in an effort
to demand reimbursement to CMS for any charges not upheld under
audit. This program is
extremely onerous and threatening to physicians who have been responsible
for the smallest percentage of money returned (over 85% of recovered money
coming from rehabilitation and acute hospitals). Legislation (HR 4105)
from Rep Lois Capps, D-Santa Barbara, is pending that would put a one year
moratorium on the program to allow CMS and Congress time to reconsider
whether it is functioning as designed. Such a
moratorium would provide us a window of opportunity to lobby to have
physicians excluded from its authority or at least to reduce some of the
more aggressive aspects.
3. Although pressure from federal
agencies for urologists to demonstrate certification of training and
expertise before performing various imaging studies has lessened, it
continues from private payers. The AUA has been successful in convincing
payers that residency programs and post-graduate training seminars are
sufficient to allow our members to continue to perform those studies
necessary to the practice of urology. Pat Fulgham, MD, working with AUA
leaders and the AUA Health Policy Committee has created programs on
ultrasound which are now acceptable to Blue Cross/Blue Shield carriers. We
expect more discussions with other private carriers and an expanded series
of post-graduate courses to certify member urologists to continue to
perform these studies and qualify for reimbursement by private and
government payers. However, pressure continues from organized radiology
interests at the national and state levels to prevent anyone but a board
certified radiologist from providing any type of study. Other specialists
are similarly busy fighting to protect what they consider to be their
"turf". Pathologists and radiation oncologists have been outspoken with
respect to urology groups organizing to retain more control over their
patients in these areas. The
AUA health policy committee has been extremely active addressing these
challenges.
4. The concept that government money
spent on health care must be based on Value Purchasing is behind continued
efforts to expand Pay for Performance programs. Although the Congress is
not very interested, the Senate has taken it on faith that such programs
are necessary to controlling future medical costs and insuring that
quality care is rewarded (or that poor quality care is not
reimbursed). CMS has issued
an expanded list of medical events for which no increased payment will be
made (such as post-operative DVT, catheter caused urinary tract
infections, post-operative wound infections, etc). At the same time, PQRI
programs have expanded from last year to this and on to 2009. These
programs demand reporting of performance that will allow government
auditors to alter future payment schedules in order to reward what they
consider quality outcomes (and presumably financially penalize those they
do not value). David Penson,
MD from our section (the AUA's first Gallagher Health Policy scholar), has
led AUA efforts to go out front in developing appropriate criteria that
will keep urologists in charge of quality assessment in those areas within
our specialty.
5. CMS has reorganized Medicare
administration in an effort to streamline their lines of authority and
increase efficiency. This has
led to the creation of MAC regions (Medicare Administration Carriers)
which are now being organized to meld several states into larger,
coordinated jurisdictions.
California, Nevada, Hawaii,
Guam and the Marianas islands are now incorporated in the new J-1 MAC
administered by Palmetto out of South
Carolina. Transition efforts are underway in
preparation for the September 1 start up date. Our new J-1 medical director is
Arthur Lurvey, MD who has worked closely with California urologists for many years in his previous
capacity as medical director for NHIC, California's Medicare administrator.
Payment policies that differ from one state to another are currently being
reviewed and reconciled to provide more uniform coverage throughout the
MAC. Urology advisors to Medicare are involved and offering advice on
appropriate policy decisions. We have been assured that we will continue
to have an advisory role in new policy decisions.
6. Please find attached our latest
preliminary agenda for the upcoming Socioeconomic Forum in Monterey. We have
attempted to cover a wide range of issues of great interest to our members
in this time of turmoil, increasing overhead demands and falling
reimbursement. I will present
more information on the nature of the presentations at the Orlando board
meeting. Representatives from
our section have been very much involved in state, regional and national
discussions. We continue to work very closely with
the AACU and various AUA committees on these issues. As always, I am
available and eager to discuss any aspect of urology health policy you may
question.
Respectfully
submitted,
Jeffrey Kaufman M.D.,
F.A.C.S. Chair, Health Policy Committee
Senate Medicare
Victory By Elizabeth McNeil, Vice
President, Federal Government Relations, California Medical
Association
In a stunning turnaround, the U.S. Senate voted 69-30
to pass HR 6331, legislation that would stop the 15% physician payment
cuts in 2008-09 and provide a 1.1% update. This is an important
victory for physicians and their Medicare/Tricare patients. Like the
House, the Senate now enjoys a veto-proof margin to override a
Presidential veto. Despite the White House veto threats, it is
unclear whether the President will still veto HR 6331 given the
number of Republicans who supported the bill. As many of you
are aware, the President has threatened to veto any Medicare physician
payment fix that is funded by reforming the Medicare Advantage health
plan program.
Please Thank the California
Senators CMA thanks all physicians who worked so hard to bring
about the successful passage of HR 6331 in the U.S. House of
Representatives and the U.S. Senate. Both Senators Feinstein and
Boxer voted for the bill. CMA asks physicians to please call
their offices and thank them for their YES votes.
Senator Feinstein 202 224
3841 Senator Boxer 202 224
3553
AMA The AMA and the other state and specialty
organizations must be given major credit for launching the enormously
successful media and grassroots lobbying campaings over the last week to
swing the 9 additional Republican Senators.
Next
Steps The CMA will keep you informed as we know more about the
intentions of the White House. We believe the President will either sign
or veto the bill as soon as possible so as not to prolong the
physician payment cuts. If the President vetoes the bill, both the
House and the Senate have the votes to override his veto. Both
Houses will act as soon as possible.
Senate Roll-Call
Vote One final note on the Senate vote, Senator Kennedy came back
from his cancer chemotherapy treatments today just to cast a vote on this
important health care bill. He was not expected back until the
fall. Senator Obama was also present and voting yes.
Unfortunately, Senator McCain did not make it back to Washington
today to vote on the bill. He was the only Senator not voting.
I will send the roll-call vote as soon as it is
posted.
CMA will keep you informed as events
develop. Thanks to all of you again. This is a
significant victory for physicians and their patients. Great
work!
Elizabeth McNeil Vice President Federal
Government Relations California Medical Association
Council on
Legislation Report: Regarding California Legislation By
William Bonney, MD, CUA Representative to COL
To Members of the California
Urological Association,
On March 26th the California Medical Association
convened its Council on Legislation, discussion and vote by delegates to
finalize CMA's position on current issues in the California
legislature.
It was my privilege to represent you at the Council. While our organization lacked
voting privilege, it was nonetheless a worthwhile and informative
experience.
The purpose of this message is to provide an update on
selected legislative issues of possible interest to our CUA
members.
- - - - - - - - - - - - - - - - - - -
Sources of
additional information: Official California Legislative Information www.leginfo.ca.gov/ -- Home
Page -- Updates on specific Assembly or Senate bills -- To contact
legislative members from your own district
- - - - - - - -
- - - - - - - - - - -
Specific
bills:
DENIAL OF
CARE BY HEALTH CARE SERVICE
PLANS This bill, sponsored by the California Medical
Association (CMA), seeks to shift the burden of proof to a health care
plan in any legal action challenging a health care plan's denial of
medical coverage. This bill
would create a presumption that any medical treatment ordered by the
provider is "medically necessary," and thereby shift the burden of proof
to the plan to show that the treatment was not necessary. CMA recommends
support.
MEASURE : A.B. No.
2847 AUTHOR(S) :
Krekorian. COMMITTEE :
APPROPRIATIONS - - - - - - - - - - - - - - - - - - -
MANDATORY ELECTRONIC TRANSMISSION OF
ALL PHARMACEUTICAL PRESCRIPTIONS This
bill would, commencing January 1, 2010, require a prescriber to ensure
that any prescription issued or made by him or her be type-written and
electronically transmitted to the patient's pharmacy of choice, except as
specified. CMA recommends
oppose.
MEASURE : A.B. No.
2516 AUTHOR(S) : Mendoza. COMMITTEE: BUSINESS AND
PROFESSIONS
- - - - - - - - - - - - - - - - - - -
SIX MONTH
LIMIT FOR CANCELLATION OF INDIVIDUAL HEALTH CARE
COVERAGE This bill would prohibit a health care service plan
or health insurer from rescinding an individual health care service plan
contract or individual health insurance policy for any reason after 6
months following the issuance of the contract or policy. The bill would
authorize a subscriber, enrollee, policyholder, or insured who believes
his or her individual contract or policy was wrongfully rescinded to
request review of that rescission. CMA recommends
support.
MEASURE : A.B. No.
2549 AUTHOR(S) :
Hayashi. COMMITTEE:
APPROPRIATIONS
- - - - - - - - - - - - - - - - - - -
REGULATORY APPROVAL BEFORE A HEALTH
PLAN/INSURER CAN CANCEL A CONTRACT OR POLICY This bill would additionally require a health care
service plan or health insurer to seek and obtain final approval from its
regulator prior to rescinding a plan contract or insurance policy, as
applicable. The bill would require the director and commissioner to
contract with one or more appropriately qualified independent review
organizations in this regard. The bill would also authorize each regulator
to suspend or revoke the license or certificate of a plan or insurer in
violation of this prohibition or to assess administrative
penalties. CMA recommends
support.
MEASURE : A.B. No.
1945 AUTHOR(S) : De La
Torre. COMMITTEE:
APPROPRIATIONS
- - - - - - - - - - - - - - - - - - -
REIMBURSEMENT DIRECTLY TO
PROVIDER This bill would require health care service plans to
authorize assignment of a patient's reimbursement (for covered services)
directly to the provider furnishing those services. Under current practice, some
health plans provide service reimbursement to the patient--and require the
physician to bill the patient--even when the patient specifies that the
provider be paid directly. CMA recommends
support.
MEASURE : A.B. No.
2805 AUTHOR(S) : Ma. COMMITTEE:
APPROPRIATIONS
- - - - - - - - - - - - - - - - - -
-
REGULATORY AGENCY MUST APPROVE
CANCELLATION OF HEALTHCARE PLAN OR
INSURANCE This bill would require a health care service plan or
health insurer to obtain final approval from its regulator prior to
rescinding a plan contract or insurance policy. The state Director and
Commissioner would then contract with one or more appropriately qualified
independent review organizations to investigate the
matter. CMA recommends
support.
MEASURE : A.B. No.
1945 AUTHOR(S) : De La
Torre. COMMITTEE:
APPROPRIATIONS
- - - - - - - - - - - - - - - - - - -
PHARMACY INSTRUCTIONS MAILED TO
PATIENTS This bill would allow a
pharmacy to mail specified written communications to a patient, without
the patient's authorization. The written communication instructs the
patient to contact the prescribing or dispensing healthcare professional
if:
(A) The patient has questions about the
medication.
(B) The patient is having difficulty adhering to
the medication due to adverse effects, dosing requirements, or other
causes.
CMA policy regards this as interference with doctor-patient
relationship. CMA recommends oppose.
MEASURE : S.B. No.
1096 AUTHOR(S) :
Calderon. COMMITTEE:
SEN JUDICIARY
- - - - - - - - - - - - - - - - - - -
RETENTION OF INDIVIDUAL PATIENT
MEDICAL RECORDS This bill would require
health care providers, at the time an initial patient record is created,
to provide a statement (to be signed by the patient) which sets forth the
patient's rights, as specified, and the intended retention period for the
records.
This bill would also require health care providers,
who plan to destroy patient records earlier than the period specified in
the signed statement, to notify the patient no fewer than 60 days before
the records are to be destroyed.
CMA recommends further
study/referral to Committee on Medical
Services.
MEASURE : S.B. No.
1415 AUTHOR(S) :
Kuehl. COMMITTEE:
SEN JUDICIARY
- - - - - - - - - - - - - - - - - -
-
HEALTH
INSURERS AND SERVICE PLANS:
OF ALL PREMIUM PAYMENTS RECEIVED, 85% MUST GO TO
BENEFITS This Senate bill would require
health care service plans and health insurers to expend on health care
benefits no less than 85% of the aggregate payments they receive with
respect to plan contracts or policies issued, amended, or renewed on or
after January 1, 2009. The bill would require those plans and insurers to
provide written affirmation of compliance.
A roughly comparable
Assembly bill would require the Insurance Commissioner to establish the
minimum % of income expended as benefits (reasonable "pure loss ratio")
for all workers' compensation insurers.
CMA recommends support for
both bills.
MEASURE : S.B. No.
1440 AUTHOR(S) :
Kuehl. COMMITTEE:
SEN APPROPRIATIONS
MEASURE : A.B. No.
2692 AUTHOR(S) :
Hernandez. COMMITTEE:
INSURANCE
CUA Supports Daniel
A. Nachtsheim, M.D. Nomination for AUA Treasurer By Douglas Chinn, M.D., Past President,
CUA
It
is a distinct honor and privilege for us to write this letter asking your
support for Dr. Daniel Nachtsheim as a candidate for Treasurer of the
American Urological Association. The Officers, of the California Urological
Association and the Officers, Board of Directors, Past Presidents of the
Western Section of the American Urological Association and AUA Nominating
Committee Representative are in complete support of Dr. Nachtsheim, and
any one of us would be happy to provide individual
recommendations.
Officers of the American
Urological Association have served in that capacity as either honorific or
service/expertise-oriented individuals. Dan is exemplary of both. He has attended every
California Urological Association, Inc., Western Section and AUA Meeting
throughout his career and has been an extremely active committee
participant in all
organizations. He has led the CUA as the President and has been in
leadership over 10 years as treasurer, CUA and JAC liaison. Dan's
contributions have made the CUA the strongest State Society in theU.S.A. He
has also led the Western
Section of the AUA as the President, and served on the Board of Directors
and as chairman of various committees for many, many years. He has served
on the AUA Board of Directors for three years and has been actively
involved in the finances on the AUA Audit Committee. In addition, he has
extensive experience in financial management with his practice of 400
doctors in clinical administrative, leadership and service roles. He was
Chairman of the Retirement and 401K plan at Scripps for the last seven
years, meeting with Schwab and other financial advisors assessing risk for
over $200,000,000.00 in assets. He has been President and Treasurer of the
California Urological Association. All of this was accomplished while
maintaining an extremely busy and productive clinical practice, including
education and clinical research duties.
We might also point out that
over the last 40 years; the Western Section has served the AUA admirably.
Including, two Western Section Members, Dr. Roy Correa and Dr. Earl Nation
having served as AUA Treasurers. We know that there is no formal rotation
for this
office, but it seems appropriate at this juncture to include and strongly
consider a Treasurer from the Western Section.
You
will find Dan as an engaging, hard-working, loyal individual who has the
best interests of organized urology and the medical profession at heart.
We cannot think of a better person to serve in this important
position.
Sincerely,
Douglas Chinn, M.D.
Past President,
CUA

Welcome 2007-2008 New Members!
Gary J. Alter, M.D. - Beverly Hills, CA Aytac H. Apaydin, M.D. - Salinas, CA Arie S. Belldegrun, M.D. - Los Angeles, CA Patrick M. Bennett, M.D. - Greenbrae, CA Mohamed Bidair, M.D. - San Diego, CA Tomi Lin Bortolazzo, M.D. - Mammoth Lakes, CA Philip P. Brodak, M.D. - Murrieta, CA James D. Brooks, M.D. - Stanford, CA Jill G. Byers, M.D. - Newport Beach, CA Julie A. Chacko, M.D. - Santa Barbara, CA Stuart A. Chalfin, M.D. - Los Alamitos, CA T. Debuene Chang, M.D. - Danville, CA Junghwan Choi, M.D. - Irvine, CA Richard J. Conner, M.D. - Murrieta, CA John A. Connolly, M.D. - Burlingame, CA Jeffrey P. Cooper, M.D. - Palos Verdes Estates, CA Ralph W. de
Vere White, M.D. - Sacramento, CA Ganesh L. Devendra, M.D. - Simi Valley, CA James J. Elist, M.D. - Beverly Hills, CA Christopher P. Evans, M.D. - Sacramento, CA Patricia D. Fone, M.D. - Roseville, CA Michael S. Gazzaniga, M.D. - Fullerton, CA Martin K. Gelbard, M.D. - Burbank, CA Lawrence S. Greenberg, M.D. - San Pedro, CA H. Albin Gritsch, M.D. - Los Angeles, CA Gary D. Grossfeld, M.D. - Greenbrae, CA Michael P. Guerena, M.D. - Oceanside, CA Reynaldo D. Hernandez, M.D. - Baldwin Park, CA Lawrence Y. Hwong, M.D. - San Jose, CA Thomas L. Johnson, M.D. - Inglewood, CA J. Christopher Julian, M.D. - Fresno, CA Christopher Kane, M.D. - San Diego, CA Luke S. Kao, M.D. - Bellflower, CA Mark J. Kelly, M.D. - Santa Monica, CA William A. Kennedy, II, M.D. - Stanford, CA David I. Kleinerman, M.D. - Lafayette, CA Samuel K. Lee, M.D. - Los Angeles, CA Roger K. Low, M.D. - Sacramento, CA Paul D. Lui, M.D. - Loma Linda, CA Kiarash Michel, M.D. - Los Angeles, CA Andrew K. Nguyen, M.D. - Sherman Oaks, CA Robert B. Pompa, M.D. - Beverly Hills, CA Girdhari S. Purohit, M.D. - Hemet, CA Eugene C. Rajarantnam, M.D. - Lancaster, CA Soroush A. Ramin, M.D. - Los Angeles, CA William F. Reynolds, M.D. - Glendale, CA Winston H. Richards, M.D. - Riverside, CA Peter G. Schulam, M.D. - Los Angeles, CA Tadd L. Selby, M.D. - Chico, CA Marshall L. Stoller, M.D. - San Francisco, CA Carl Thomas, M.D. - San Francisco, CA Philip E. Werthman, M.D. - Los Angeles, CA Brad Alan Wolfson, M.D. - Palm Springs, CA Stephen A. Worsham, M.D. - Salinas, CA Felix C. Yip, M.D. - Monterey Park, CA Scott I. Zeitlin, M.D. - Santa Monica, CA
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