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Curbside Consult with Dr. Jayne 10/3/22

October 3, 2022 Dr. Jayne 2 Comments

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For those organizations participating in the Medicare Promoting Interoperability Program, Monday, October 3 marks the last day to begin your 90-day reporting period. Eligible hospitals and Critical Access Hospitals that don’t successfully attest will be hit with a “downward Medicare payment adjustment,” also known as a penalty. Participants must also use Certified EHR Technology, report on the safe use of opioid medications, complete a Security Risk Analysis, and document a self-assessment using the SAFER Guides. Hospitals spend a tremendous amount of resources trying to make sure they hit all the requirements, so for those of you immersed in this work – may the odds be ever in your favor.

A friend of mine sent over this job posting from Amazon. They asked my opinion about the posting itself and if I could read between the lines to figure out what the job is really about. It reads to me more like a business development or sales role, specifically targeting telehealth, imaging, and analytics. In the job posting, Amazon has an entire paragraph about its inclusive culture and specific focus on race, ethnicity, and gender diversity. However, they missed the mark on actual physician inclusivity, since the preferred qualification is MD – I suppose DO and internationally-trained physicians need not apply.

News of the Weird: We see writeups of healthcare fraud all the time, but it’s been a while since I’ve seen one that is tied to a sex worker scheme. The Department of Justice announced that nine defendants in California have been hit with criminal charges related to sex services that were billed to their labor union’s health insurance plan. There are more than $2.1 million in claims at stake. Seven of the defendants are dockworkers at the Port of Long Beach.

The 46-year-old ringleader was charged with one count each of conspiracy to commit healthcare fraud and aggravated identity theft. She owned three clinics that provided chiropractic treatments, acupuncture, and sexual services. Taking advantage of insurance plan policies that allowed chiropractic services without a deductible or out-of-pocket payments from patients, she hired women, including those from strip clubs, to perform sexual services. Claims were filed for chiropractic and physical therapy sessions that never occurred. Some claims were filed under the names of spouses and children, with kickbacks being paid to plan members in exchange for the false claims.

It’s not just COVID that has the attention of physicians: Norovirus causes a wicked gastroenteritis, and is feared by schools, day care providers, and cruise lines alike. Although cases declined in April 2020 due to changes in behavior due to the COVID pandemic, cases started increasing rapidly in January 2022. The number of outbreaks in the 2021-2022 surveillance year was triple the previous year. It’s simple advice – wash those hands, folks, and stay home if you have diarrhea.

I’ve written before about my sometimes love-hate relationship with wearables. Although I like my Garmin wristwatch (which also does passive activity tracking such as steps or sleep alongside active GPS activity-logging), it’s been temperamental of late. Sometimes I’ll attempt to synchronize it with my PC, and it randomly fails to import several days of step or sleep data, where other times it functions just fine. I did a lot of troubleshooting with Garmin this week and didn’t reach a satisfactory outcome, although they did offer a 20% discount on a new watch in the same line since my model is no longer made. Unfortunately, the units in the same line have more bells and whistles than I need, where other lines that are a better fit are excluded from the discount.

The experience has me looking for alternatives from other vendors, but I’m not sold on anything just yet. I was interested to see this opinion piece this week though, which talks about the potential liability issues for “prediagnostic” wearables including some smart watches. It notes that many of these technologies are not regulated as medical devices and that although patients may use them to assess their health, there are legal gray areas where liability is concerned. From the physician standpoint, it’s unclear what happens when particular product is recommended, and it turns out not to be accurate. The article goes into gory detail about the various types of liability and differing jurisdictions for claims, if readers are interested. One proposed solution would be for states to pass laws that specify that physicians receiving this “prediagnostic” data should manage it like any other patient self-reported information. This will definitely be an interesting area to watch in the coming years.

Over the last couple of years, we’ve all encountered changes to the ways we’re used to working. For me, going from having quite a bit of travel to having none at all was a major transition. I’m definitely back to traveling and have experienced two vendor conferences, a couple of company meetings, and some personal travel in the last six months. Other than HIMSS in the spring, I haven’t attended any general industry conferences, but that’s about to change since CHIME and HLTH are both on my docket for the coming months. I haven’t been to either of them previously so am looking for advice or recommendations on how to best navigate them. It looks like CHIME has added a clinical informatics pre-session, so I’ll have to figure out if I can squeeze that onto my dance card.

I didn’t make it to my specialty organization’s annual meeting due to conflicts, but several friends attended. One of them mentioned the keynote by author Malcolm Gladwell, who said of family physicians, “If there’s a problem with (trust in) healthcare, there’s no solution without you.” He went on to say, “You can’t solve it with better technology. You can’t solve it with better drugs. You can’t solve it with a fancy EMR. We solve it with communication, listening, and empathy.”

Unfortunately, that doesn’t necessarily align with what many patients want, which is cheap, transactional service-oriented encounters. It will be interesting to see how the family medicine community responds to the challenge and whether people flock to the specialty or continue to retire early. Either way, I’ve got my calendar marked for next year’s conference in Chicago so I can see where things are trending.

What are your conference plans for the coming months? Leave a comment or email me.

Email Dr. Jayne.



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Currently there are "2 comments" on this Article:

  1. For a smart watch, I would wait for the Google Pixel watch, which is supposed to be released this month.

  2. 1. US born MD
    2. Foreign born MD that went to foreign MD school and passed US medical boards
    3. DO
    4. US born who goes overseas (Caribbean) for MD b/c they couldn’t get into MD or DO school in the US

    I’ll let #1, or #2 reluctantly, electively operate on me or my family. #3/#4 ain’t coming anywhere close to me with a scalpel. If I come in through the ED I’ll take anyone!

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