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1. Physicians Must Be Protected from Retaliatory Lawsuits
CMA recently filed an amicus brief in support of a physician being sued for slander for speaking out about the bleak finances of Integrated Healthcare Holdings, Inc. (IHHI), the company that had purchased Western Medical Center in Santa Ana, where he served as chief of staff.
Michael Fitzgibbons, M.D., asked the trial court judge to dismiss the complaint against him, based on the California anti-SLAPP (“Strategic Lawsuits Against Public Participation”) law. The trial judge denied the motion, and Dr. Fitzgibbons has filed an appeal.
In 2004, IHHI purchased Western Medical Center and three other hospitals from Tenet Healthcare Corp. When in May 2005 IHHI defaulted on the two loans that it had taken out to fund the acquisitions, Dr. Fitzgibbons sent an e-mail to other physicians on staff at the hospital expressing doubt about the financial viability of IHH. Most of the information in his e-mail came from an article in the Orange County Register that reported on IHHI’s financial troubles.
One month later, IHHI sued Dr. Fitzgibbons for (1) defamation, (2) intentional interference with a contractual relationship, (3) negligent interference with a contractual relationship, (4) breach of contract, (5) breach of the duty of good faith and fair dealing, and (6) violation of the California unfair business practices statutes. All of these counts were based on Dr. Fitzgibbons’s e-mail. Dr. Fitzgibbons asked the court to dismiss the action, saying it failed to allege a legally recognizable claim. He also asked the suit be dismissed under the California anti-SLAPP statute. The trial court ruled against him.
In its brief, CMA argues that physicians must be allowed to express their opinions on matters affecting the health care of their patients without fear that such expression will subject them to an unfounded lawsuit. “The law protects physicians from retaliation where they advocate for medically appropriate health care for their patients. These protections, however, would be severely undermined without the specific procedural remedy made available by the anti-SLAPP statute,” the brief said. “Without judicial recourse against the tactics of others who intimidate physicians to silence their criticisms, physicians will never be able to truly and completely fulfill the panoply of their professional obligations to their patients.”
Click here for more information.
Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.
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2. CMA Stops Onerous Bills that Would Hurt Patients
and Negatively Impact Practice of Medicine
CMA’s government relations team in the last two weeks derailed a number of bills that would have harmed physicians, violated the doctor-patient relationship, and negatively impacted the practice of medicine.
OFF-LABEL PRESCRIPTIONS: CMA successfully negotiated the withdrawal of a bill (AB 2856) that would have required physicians who prescribe a drug for a use not indicated on the Food and Drug Administration label to inform patients of the drug’s “off-label” status and obtain patients’ “informed consent” before writing an off-label prescription.
CMA was able to convince the bill’s author (Assemblymember Loni Hancock) that creating this unnecessary legal burden could discourage physicians from prescribing, and patients from using, medically necessary medications. The author withdrew the bill last week. Physicians spoke against this bill during meetings with legislators as part of the Legislative Leadership Conference in April.
ACUPUNCTURE TRAINING FOR PHYSICIANS: CMA also stopped a bill that would have required physicians who practice acupuncture to take 3,000 hours of additional training and be licensed by the California Acupuncture Board. The bill (AB 2152 by Assemblymember Wilma Chan) was a brazen attempt to curtail the plenary license of physicians. The bill died in the Assembly Business and Professions Committee.
FETAL PAIN: CMA defeated a bill that would have required physicians performing abortions to provide patients with information and counseling on fetal pain. The bill would also have required the California Department of Health Services (DHS) to develop a brochure and waiver form for pregnant women. The bill’s premise is unsupported by medical evidence and its passage would be a troubling intrusion into the physician-patient relationship. The bill (AB 2512 by Assemblymember Sharon Runner) was defeated on a 3-11 vote in the Assembly Health Committee.
HIV EDUCATION: CMA stopped a bill that would have required physicians to distribute information on HIV and AIDS to any woman seeking a gynecological exam or family planning services. CMA opposed the bill as an unnecessary mandate for physicians, and argued that it should be left to a physician to determine a woman’s specific needs and health risks for discussion. The bill also lacked clear direction about who would develop the materials or how they would be distributed to physicians. The bill (AB 2203 by Assemblymember Bonnie Garcia) was defeated in the Assembly Health Committee.
Click here for more information on these and other bills of interest to physicians.
Contact: Susan Bassett, 916/444-5532 or sbassett@cmanet.org.
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3. CMA Foundation Seeking Nominations for
Annual Leadership Achievement Award
The CMA Foundation is soliciting nominations for its tenth annual Robert D. Sparks Leadership Achievement Award. The award honors an individual or a group that has shown outstanding concern and leadership in the area of community health. Anyone is eligible to receive the award, not just physicians.
Last year Jack Gilliland, M.D., a pediatrician from Stockton, was honored for his dedication to providing access to care to the uninsured in San Joaquin County.
The winner will be honored at the CMA Foundation’s Annual Leadership Dinner, held October 29 in Anaheim, during the CMA House of Delegates. The recipient will receive a plaque and a $1,000 honorarium.
The deadline to submit a nomination is July 14.
Click here for more information.
Contact: Carol A. Lee, 916/551-2562 or clee@cmanet.org.
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4. Medical Students: Apply for CMA Foundation’s Mini-Grant Program
The CMA Foundation awards small grants to California medical student organizations to support projects that promote community health and well-being. The foundation reviews applications during the first week of each month and then awards grants ranging from $250 to $1,000 to worthy applicants.
All allopathic and osteopathic medical student organizations are eligible. Priority is given to projects for which funding traditionally is not provided by medical schools or community sponsors.
Applicants must supply a 250-word-maximum statement, on one page, describing the project or program and how it contributes to the community. It must be signed by the medical school dean to affirm the “good status” of the
student organization.
Applications should be received in the CMA Foundation offices by the last business day of each month to be considered the first week of the next month.
Click here for more information.
Contact: Carol A. Lee, 916/551-2562 or clee@cmanet.org.
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5. CMA Seminars Teach Physicians How to Maximize
Reimbursement Under the RICO Settlements
CMA and AMA are presenting two one-day seminars to educate physicians about the RICO settlements and what the settlements mean to their practices. The seminars will be Thursday, May 18, at the Los Angeles County Medical Association offices in downtown Los Angeles, and Friday, May 19, at the Alameda Contra Costa Medical Association offices in Oakland.
To date, six major health plans (Blue Cross/Anthem/Wellpoint, Aetna, Cigna, Health Net, Prudential, and Humana) have settled CMA’s RICO lawsuit, which alleges that the health plan defendants engaged in fraud and extortion by wrongfully denying payment to physicians, in violation of federal racketeering law.
Although the settlements have provided nominal cash payments to physicians, their true value lies in the prospective relief that is estimated to be worth more than $1 billion in increased revenue to physicians over the next few years.
Seminar participants will learn how to maximize their relief under the settlements by identifying inappropriate health plan business practices—including improper health plan claim denials—and holding the health plans accountable for failures to comply with the settlement terms. Under the settlements, the compliance process is overseen by a court-appointed mediator.
Registration is $49 for members, $149 for nonmembers.
Click here for more information.
Contact: Jewel Thompson, 916/444-5532 or jthompson@cmanet.org.
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6.
 150th Anniversary Trivia: Did You Know?
Did you know that on April 18, 1906, the San Francisco earthquake interrupted CMA’s annual meeting, which was being held at the YMCA building at Mason and Ellis. The building was destroyed by the earthquake and resulting fire. Then-CMA President R. F. Rooney, M.D., and other officers the next day gathered on the remaining steps of the building to declare the meeting officially adjourned.
CMA is celebrating its 150th birthday! Visit http://www.cmanet.org/150 for other interesting information about CMA history.
Contact: Karen Nikos, 916/444-5532 or knikos@cmanet.org.
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7. CMA Member Benefit of the Week:
Guaranteed-Issue
Disability Insurance, with Business Overhead Expense Coverage
CMA members can sign up for disability income protection from Hartford Life and Accident Insurance Company. No health statements or medical exams are required. All you need to do is fill out a simple enrollment form and pay your
premium. This year’s open enrollment period ends June 30.
Physician members age 59 or younger actively practicing full time (30+ hours a week) are eligible and will not be turned down for any reason. Members under age 50 receive a long-term disability benefit of $1,500/month for up to two years and a business overhead benefit of $1,500/month for up to one year. Members age 50 to 59 get a disability benefit of $1,000/month for up to two years and a business overhead benefit of $1,000/month for up to one year.
Both offers are subject to preexisting conditions limitations. Call Marsh Affinity Group Services at 800/842-3761 for details.
Click here for more information about the benefits and discounts available to CMA members.
Contact: CMA's membership help line, 888/233-2937 or lgodward@cmanet.org.
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No. 2050 
