Hot Topics – Medical Liability Medicare Lead List

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    The Council of State Neurosurgical Societies (CSNS) semiannual plenary session was held May 1 in conjunction with the annual meeting of the American Association of Neurological Surgeons (AANS) in Orlando. The agenda included discussion and disposition of seven resolutions (see “Final Resolutions”), as well as updates from several committees.

    Discussion of resolutions chiefly centered on Resolution I and Resolution VI.

    The first resolution proposed a change to CSNS rules and regulations that would allow appointees of the AANS or the Congress of Neurological Surgeons to serve as CSNS officers. The resolution was opposed by some who felt that electing as officers those who already were serving as appointees of the national “parent” organizations would dilute the CSNS’ focus on state concerns. An amended resolution was presented, and the motion to pass it carried. Amended language for the rules and regulations is being sent to the membership, as per CSNS bylaws, and it will be voted upon at the fall plenary session.

    The sixth resolution asked the CSNS to sanction as ethical individual neurosurgeons’ decisions to opt out of Medicare. While the deleterious effect of declining Medicare reimbursement on individual practices was acknowledged, debate centered on whether the resolution should specify Medicare, or if Medicare should be included under the banner of all third party payers. The overriding question was whether organized neurosurgery needed to take a position on what some thought should remain an individual’s decision. During discussion, the decision by the AANS to leave the issue in the hands of individuals was cited (see the Winter 2002 issue of the Bulletin). An amended resolution narrowly failed and ultimately the resolution was rejected by voice vote.

    It is worthy of note that the third resolution, which proposed that the AANS and CNS undertake a survey demonstrating the effects of the medical liability crisis on neurosurgical practice, failed when it was recognized that NERVES, the Neurosurgery Executive Resource, Values, and Education Society, is distributing the first-ever neurosurgery practice survey this summer (see the Practice Management column in this issue). In addition, the AANS/CNS Washington Committee had recently conducted a medical liability survey; preliminary results were released later in the plenary session.

    Of the committee reports, attention focused keenly on the Washington Committee’s update of the Protect Patients Now campaign for federal medical liability reform. One of the campaign’s 10-minute newsmagazines was screened, and the campaign’s strategy and accomplishments to that point were related.

    In other news, Lyal Leibrock, MD, was recognized for his many contributions to the CSNS. The addition of the former CSNS chair’s name to the Leadership Development Conference was announced. Dr. Leibrock, who was present, invited all to attend the Leibrock Leadership Development Conference, held July 18-20 in Washington, D.C.

    The 2004 AANS Annual Meeting closed with a socioeconomic plenary session on Thursday which David Jimenez, MD, and I moderated. Resident work hours, the neurosurgical workforce, EMTALA, and medical liability were among the topics explored. Economist Uwe Reinhardt’s stellar analysis of healthcare policy in the U.S. capped the session.

    Frederick Boop, MD, is chair of the Council of State Neurosurgical Societies.

    Additional CSNS information is available in the Legislative Activities area of www.AANS.org

    FINAL RESOLUTIONS
    Resolution I: Proposed Change to CSNS Rules & Regulations: Allowing Appointees to be Officers
    Adopted Amended Resolution: Be it resolved, that the current Rules and Regulations be amended to allow CNS and/or AANS appointees who are members in good standing of their state society be elected to officer positions within the CSNS; and

    Be it further resolved, that the changes required in the CSNS Rules and Regulations needed for the implementation of those elections be referred to the Executive Committee of the CSNS for development.

    Resolution II: Hospital Coverage of Medical Professional Liability Insurance in Exchange for Emergency Room Services Referred to Medical Legal Committee: Be it resolved, that the AANS, CNS, and CSNS present a position statement to hospitals encouraging them to provide medical professional liability insurance coverage in exchange for neurosurgical ER coverage services.

    Resolution III: Survey to Assess the Effects of the Current Medical Liability Crisis on Providing Neurosurgical Care
    Not Adopted: Be it resolved, that a national survey be conducted and facilitated through our parent organizations to gauge the impact that the current malpractice crisis has on providing neurosurgical care.

    Resolution IV: Supporting Increased Organ Donation
    Not Adopted: Be it resolved, that the CSNS endorses the goals and methodology of LifeSharers; and

    Be it further resolved, that the CSNS requests that the AANS and CNS include a summary of the LifeSharers in their newsletters in order to facilitate dissemination of this program amongst their memberships.

    Resolution V: Motorcycle Helmets
    Adopted Substitute Resolution Be it resolved, that the CSNS recommends that the AANS, CNS, and state societies reaffirm the importance of injury prevention programs including the support of mandatory helmet laws for motorcycle riders throughout the United States.

    Resolution VI: Statement on the Ethics of Non-Participation in Medicare
    Not adopted: Be it resolved, that the CSNS issue a statement that it is ethical for individual neurosurgeons to refuse participation in Medicare.

    Resolution VII: State Society Listings in the E-Bulletin Calendar [AANS E-News]
    Adopted Amended Resolution: Be it resolved, that the CSNS recommends that the AANS e-blast shall include a link to the calendar of events on the AANS Web site and that the calendar of events will include submissions by state and regional neurosurgical societies, regardless of whether or not the events are AANS cosponsored.

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