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CMA Alert: June 16, 2005

CMA Alert

 

CMA Alert
The Voice of 35,000 California Physicians
June 16, 2005     No. 2009

   
      In this week's Alert:
1.

CMA Foundation Studying How Fear of
‘Genetic Discrimination’ Affects Access
to Genetic Testing

2.

CMA Participates in Flu Pandemic
Planning Workgroup

3. CMA Testifies on DMHC Proposal to Scale
Back HMO Oversight
4. Supreme Court Rules RICO Suit May
Proceed to Trial
5. Members, Show Your Pride
6. Save the Date: 8th Annual Disaster
Preparedness Conference

7.

CMA/UCSD Pain Management CME
Program Available on DVD
 

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1. CMA Foundation Studying How Fear of
   ‘Genetic Discrimination’ Affects Access to Genetic Testing
The CMA Foundation has partnered with the City of Hope Comprehensive Cancer Center to study how physician knowledge about laws protecting patients from “genetic discrimination” influence patient decisions about genetic testing.

Although California law protects patients from genetic discrimination, there is evidence that patients’ fear of such discrimination discourages testing for genetic susceptibility to cancer and other diseases.

“Patients and physicians are understandably concerned that results of genetic testing information could be used to deny patients health insurance or lead to other forms of discrimination,” says Carol Lee, president and CEO of the CMA Foundation. “Although legislation has been passed, many primary care and cancer specialists are unaware of these protections and are reluctant to refer patients for genetic testing.”

As part of the study, approximately 2,000 CMA members have been selected to complete a survey assessing their knowledge of and opinions about genetic testing and discrimination. If you received an invitation to complete the survey, please do so by July 1. Responses are confidential.

The survey results, which will be available in the fall, will be used to create educational materials for physicians and other health care providers to improve patient access to genetic disease testing.

Click here for more information.

Contact: Lorena Gaytan, assistant project coordinator, 626/256-4673 ext. 62062.

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2. CMA Participates in Flu Pandemic
    Planning Workgroup
Amid concerns that the avian influenza virus could mutate into a strain that is lethal to humans, public health officials around the world have begun to prepare for the possibility of a global flu pandemic. According to estimates from the Centers for Disease Control and Prevention (CDC), a flu pandemic could result in 1.6 million hospital admissions and 260,000 fatalities in California alone.

In preparation for what some see as an inevitable pandemic, CDC has mandated—and funded—state pandemic preparedness planning efforts, including California’s Influenza Pandemic Planning Workgroup. CMA is an active participant in this workgroup, which meets regularly to discuss related public health issues, including vaccine prioritization and antiviral usage.

Last year’s flu vaccine shortage provided a real-life experiment in vaccine prioritization, demonstrating the need for a better system for vaccine distribution (including shipping, distributing, storage). The shortage also emphasized the need for better communication in the event of a public health crisis, such as a pandemic influenza outbreak. The group has discussed the need for a coordinated system for disseminating critical public health information to providers, consumers, and the media.

CMA will provide periodic status reports from the pandemic planning workgroup in future issues of CMA Alert.

Click here for more information.

Contact: Robin Flagg, 415/882-5110 or rflagg@cmanet.org.

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3. CMA Testifies on DMHC Proposal to Scale Back HMO Oversight
CMA recently testified at a hearing on a Department of Managed Health Care (DMHC) proposal to scale back state oversight of health plans. The proposal would allow health plans that are voluntarily accredited by the National Commission for Quality Assurance (NCQA) to be “deemed” to have met California standards, exempting them from DMHC surveys. The idea was first proposed in last year’s California Performance Review study, which was done for the Schwarzenegger administration.

Although CMA agrees with the general notion that regulated entities should not be subjected to duplicative surveys, the association expressed serious concern that the DMHC surveys are not truly duplicative and by allowing “deemed” status, DMHC would be unable to provide the oversight needed to perform one of its most fundamental regulatory roles—ensuring access to care.

“The Knox-Keene Act contains the most stringent and robust patient/provider protections in the nation,” wrote CMA lobbyist Astrid Meghrigian in the comments and testimony presented at a DMHC hearing. “Given the strength of California law and the mission of the department, CMA is extremely concerned about the possibility of allowing any private entity with less stringent standards to serve as a substitute for regulatory oversight.”

In her testimony, Meghrigian stated that “health plans in California would be subject to less stringent regulation and oversight of quality of care” under NCQA surveys.

Click here for more information.

Contact: Astrid Meghrigian, 916/444-5532 or ameghrigian@cmanet.org.

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4. Supreme Court Rules RICO Suit May Proceed to Trial
In a victory for the nation’s physicians and patients, the U.S. Supreme Court has cleared the way for CMA’s lawsuit to proceed to trial against some of the nation’s largest for-profit HMOs. The lawsuit, originally filed by CMA on behalf of the nation’s doctors in May 2000, alleges that the for-profit HMO defendants violated federal racketeering laws by using coercive, unfair and fraudulent means to control physician-patient relationships.

The health plan defendants submitted a petition to the high court, asking that a ruling by the 11th District Court of Appeals in Atlanta be overturned. The appellate court in September 2004 upheld the trial court decision, ruling that physicians could sue HMOs for damages under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act.

Although settlements have already been reached with four of the defendants—Aetna, CIGNA, Health Net, and Prudential—the high court’s action allows the case against the remaining six HMO’s to proceed to trial. The trial date has been set for September.

Click here for more information.

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.

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5. Members, Show Your Pride
Be Proud FlyerCMA members should have in recent months received the association’s 2004-2005 annual report, “Impact: Physicians Making a Difference in the Health of Californians.” We hope you enjoyed reading about the positive impact that CMA’s legal and legislative advocacy is having in California and across the nation.

For the first time, the report contains a flyer for physicians to distribute to patients. It lets patients know that their physician—through membership in CMA—is protecting their health care rights and improving the health of Californians.

CMA has also posted the flyer in PDF format at the members-only website. Members are encouraged to download the flyer and make copies to give to their patients.

If you did not receive your copy of the annual report, it is possible that your contact information in our database is out-of-date. Please call CMA’s membership hotline (888/233-2937) to update your address and someone will be sure to mail you a copy of the annual report. The full report can also be viewed online at the members-only website.

Contact: CMA’s membership hotline 888/233-2937 or lgodward@cmanet.org.

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6. Save the Date: 8th Annual Disaster Preparedness Conference
CMA is again this year cosponsoring the annual California Statewide Disaster Preparedness Conference. The conference, “The Three ‘R’s: Resources, Response, and Recovery,” will be presented as a series of one-day events September 28 in Los Angeles, September 29 in Temecula, and October 18 in San Ramon. Participants can earn 5.5 hours of CME.

The conference is attended by physicians, nurses, emergency medical technicians, and other medical workers from throughout the state. Pricing and additional information will be available soon.

Contact: Karen Nikos, 916/551-2069 or knikos@cmanet.org.

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7. CMA/UCSD Pain Management CME Program Available on DVD
CMA and University of California-San Diego have collaborated on a unique case-based CME program on DVD that physicians can use to receive their state-mandated 12 hours of Category I CME for pain medicine and end-of-life care. The program, “Pain Management: A Case-Based CME Program for Physicians,”provides specific information on the most common pain syndromes. It features several expert presenters who have also been participating in “Pain Management and End-of-Life Care in California’s Regulatory Environment,” CMA’s ongoing series of pain and end-of-life care symposia.

This program, including CME testing and credits, is $150 for members, $200 for nonmembers.

For more information, visit http://www.ab487.com.

Contact: UCSD, 888/229-6263 or ocme@ucsd.edu.

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For previous editions of CMA Alert, visit our news archives.

Prepared by the CMA Communication Center
Katherine Gallia, Editor,
916/551-2074,
Noel Tatlonghari, Publishing Assistant,
916/551-2072,

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