Saturday, April 30, 2022

Tackling healthcare inequities

As physicians, we strive to earn the trust and respect of our patients and colleagues. We want them to recognize our compassion and skill in diagnosing, treating, and healing. But in 2022, the color of our skin still factors into our ability to be regarded and evaluated equally. This same inequality applies to patients as they access care for chronic conditions or preventative reasons.

The global pandemic has highlighted - and exacerbated - the chasm of racial and ethnic disparities doctors and patients of color have long experienced. What are the challenges we face? And how can we foster necessary changes?

Underrepresentation - and discrimination - persist in our profession


Looking at all active physicians by race and ethnicity, there continues to be a significant lack of diversity. Only nine percent of current physicians identify as black or African American, Native American or Alaska Native, and Hispanic or Latino, according to the Association of American Medical Colleges. This is startling, since half of the U.S. population will consist of social, ethnic, or racial minorities by 2045.

Disproportionately small numbers of minority physicians are just part of the story. In a study published in Family Medicine, nearly one-fourth of physicians of color surveyed reported that a patient had directly refused their care due to their race. Overall, most of the physicians had experienced racism from patients, colleagues, and their institutions. As a physician of color, I have anecdotally learned of instances of such behavior throughout my career. It is shocking and profoundly saddening.

Refusal of care keeps physicians of color not only from doing their jobs and affects their health; it also can have implications on their careers. After years of study and training, how would you feel about your chosen profession when a patient wonders if you are there to clean the room instead of examining them? Dr. Kimberly Manning, an African American female doctor, told The New York Times, “People might not realize you’re offended, but it’s like death by a thousand paper cuts. It can cause you to shrink.”

What perpetuates microaggressions and other forms of racial discrimination? Insufficient diversity, equity and inclusion (DEI) training and cultural competency. If our biases and fundamental lack of understanding of all groups are not addressed in medical school, internships and residencies, it only makes sense that they will inform our professional practices.



COVID-19 has focused a light on patient healthcare inequities


People of color have long found it difficult to obtain quality medical care and health insurance. Two reports from the Surgeon General in the early 2000s - calling out inconsistencies in tobacco use and access to mental health care by race and ethnicity - helped raise awareness of the gaps in our healthcare system. We have recognized healthcare disparities for decades, yet they persist and continue to take a toll on high-risk populations.African American women are three times more likely to die from complications of pregnancy than White women,
African Americans are likely to wait longer for transplants and surgeries than White patients, and
From 1990 to 2020, rural hospital closures were more likely to occur in counties with more non-White residents.

The statistics describe a reality that shows little signs of improvement, and one that has been magnified by the pandemic. People of color find it harder to access vaccines (due to lack of child care or transportation, job commitments and language barriers) and life-saving care. Additionally, underlying medical conditions that increase risk for severe COVID-19 illness are more common among people from racial and ethnic minority groups. One study published in Radiology found that these groups usually are suffering from more severe COVID-19 disease when they are admitted to a hospital than non-Hispanic White people.

It is time to change the narrative by breaking down barriers


Inequality does not have to be the norm. We need more training, preventative measures, and support for practicing physicians and marginalized minorities. How do we make a difference for physicians of color? Looking at best practices, I would recommend:Recruiting more ethnic and racial minority students to medical practice,
Mentoring and encouraging minority colleagues, if you are a physician of color,
Listening to and learning from non-White doctors, If you are not a minority physician,
Calling out racial discrimination and educating those who perpetuate it,
Watching for burnout among minority physicians and urging clinicians to seek counseling, and
Mandating DEI programs in medical school curricula and your practice.

If we work to reduce discrimination against doctors of color, that trend should help minority patients. What else can we do to promote greater healthcare equality? I would also suggest that we:Participate in local efforts to improve factors that directly affect healthcare such as housing, employment, education, transportation, and nutrition,
Engage with and inform racial and ethnic minorities via trusted sources like community and religious organizations,
Diversify our vendor portfolios to include minority-owned businesses, and
See all our patients through the same lens - and provide uniform care.

The color of one’s skin should never be a death sentence or greatly impact health outcomes. I am passionate about making sure we acknowledge this and practice our profession wisely to save and improve the lives of all people.


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Friday, April 29, 2022

The government’s focus on telemedicine

While the government appreciates that telemedicine and telehealth were vital through the pandemic and can be an effective tool in certain situations as people increasingly return to in-person visits, it is also acutely aware that this area is ripe for fraud. “Generally, telehealth is the remote or virtual delivery of health care services. Patients can receive a wide range of telehealth services, including check-ins with their primary care providers, mental health care, and specialty services. Similarly, telehealth can be provided through a wide range of technologies, including video chats, remote patient monitoring devices, and phone calls.”

As the U.S. Department of Health and Human Services Office of the Inspector General (“HHS-OIG”) noted, “[i]t is important that new policies and technologies with potential to improve care and enhance convenience achieve these goals and are not compromised by fraud, abuse, or misuse.” As part of its Work Plan, HHS-OIG issued Report No. OEI-02-22-00150, which has a reported issue date in 2023. As part of their compliance program, providers and business associates should incorporate telehealth into their policies and procedures and annual HIPAA risk analysis. As HHS stated, “[i]f telehealth cannot be provided in a private setting, covered health care providers should continue to implement reasonable HIPAA safeguards to limit incidental uses or disclosures of protected health information (PHI).” Reasonable safeguards include technical, administrative, and physical safeguards, which every person should be evaluating on the respective annual risk analysis.



HHS-OIG is not the only government agency looking at telehealth. On April 21, 2022, the United States Department of Justice (“DOJ”) announced that “[a]n indictment was unsealed today in federal court in Brooklyn charging Elemer Raffai, an orthopedic surgeon, with health care fraud in connection with a $10 million scheme involving the submission of false and fraudulent claims in Medicare and Medicare Part D plans.”This matter focuses on the payment of kickbacks by telemedicine companies to a physician, who in turn allegedly submitted millions of dollars in false and fraudulent claims to Medicare on behalf of beneficiaries without even examining them or based on conversations on the phone that lasted less than three minutes.” For $25 to $30 per patient, the physician and other allegedly caused the submission of false and fraudulent claims.

This begs the question – was it worth it? This physician and other could, if they are found guilty or enter a guilty plea, be sentenced under the Federal Sentencing Guidelines. Additionally, their participation in government programs could be revoked or excluded. Having a robust compliance program in place that strives to cultivate a culture of compliance is critical to mitigating fraud.


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Thursday, April 28, 2022

5 Key components for effective physician practice mergers

There are numerous reasons you may want to merge your medical practice with another. Perhaps you want to expand your practice to new geographic markets or maybe it is a financial necessity, or you simply believe that the practically instantaneous growth produced by a merger or acquisition will help your medical practice achieve new heights and fulfill your goals. Whatever your motivation, you cannot simply pick any random practice out of a hat and try to make it work—you have to find the right match. Mergers or acquisitions are no easy task, and the larger your medical practice the more complex it will be.

Mergers and acquisitions life cycle


The mergers and acquisitions (M&A) life cycle is broken down into three phases: Strategy, Execution, and Integration.For the purposes of this article, I am only going to address the strategy phase.

Strategy


Strategic planning helps protect you from M&A failures. Just because you want to buy a medical practice doesn’t mean you should buy that practice. There are several questions you should ask yourself when researching target physician practices.
  • Why do you want to acquire, or merge with, another practice?
  • What is your business objective?
  • Do the target practice’s clinical services fit with your objectives?
  • What value will the deal bring you?
  • What is the value of the target practice?
  • Does the culture of the other medical practice fit with yours?

These types of questions can help you narrow your choices as you screen the medical practice you are interested in, determine target practice valuations, structure deals, and analyze how your business decisions will give you an advantage in the current market.

Importance of synergy


Synergy is a combined action or operation. Many medical practices decide to merge with or acquire another practice based on potential synergies that can come from combining similar clinical services and technologies. The following are some benefits that synergy can bring when physician practices merge:
  • Combine workforces—Identify and eliminate redundancies and restructure workflows to increase efficiency and to accommodate increased business volume.
  • Combine technologies—Combining similar technologies can help a practice to achieve strategic advantages in your market.
  • Reduce costs—Consolidation can improve your purchasing power and decrease costs as you negotiate better terms with vendors based on the need for more materials because of increased output.
  • Market expansion—There is potential that combining medical practices will create an advantage in a particular market, or enter into a market that was not previously available to you.

Here are five key components required for a strong and effective merger.

1) Communication


As in most aspects of business, communication is a vital key to ensuring your merger or acquisition goes smoothly and is the right move for both medical practices. You need to have completely open and direct lines of communication with the key players from the practice with which you want to merge. This is one situation where you absolutely cannot afford to have lines get crossed or have a misunderstanding about each other’s expectations. Be clear and forthright about what you want and expect, and build your new relationship on a foundation of complete honesty.

2) Win-Win


The merger or acquisition needs to be a win-win for both medical practices. For your merger to be effective, both sides of the transaction need to be improving their situation in some way. One-sided M&As will leave at least one of the critical parties unhappy with the outcome, which does not bode well for your future together. Think of your merger as a relationship—both sides need to bring something to the table that makes the other party better.

3) Shared vision/new identity


Early in the process you need to establish with your counterparts in the “target” medical practice what your soon-to-be combined practice’s new identity will be. You might not be able to practically maintain the identities of both practices. Likewise, it may be practically difficult to completely integrate one group’s identity into the other. What will your vision be for your new medical practice? If you and your counterparts do not agree on a vision for the practice’s future, then the merger/acquisition may not be successful post-closing. Your vision and new identity should be very clearly defined and planned before moving forward.

4) Well-planned


Speaking of planning, this is another vital component of any merger or acquisition. You cannot just leap into the merger and expect things to work themselves out. Quite frankly, you need to clearly plan out many of the critical details of the transition. Whether you are the buyer, seller, or another major player in the transaction, an experienced transaction consultant can help you plan and execute every step of your transaction.

5) Integration


You may need to establish an integration team entirely dedicated to executing and implementing the merger. There will be many major changes for the employees from both practices, and you need a strong and well-executed integration plan to ensure the transition goes smoothly. There is a great deal to think about with regard to how you will integrate your new identity and culture and you need managers who can focus on this while others focus on continuing the normal focus of your business.Do not execute any closing documents until you have first prepared an integration plan.

When properly planned and executed, a strong merger and acquisition can take the involved companies to heights they never dreamed of. But the M&A process doesn’t happen overnight or even in a couple of weeks. It is a long, complex, and detailed process that requires patience, diplomacy, compassion, and compromise. The ideas and best practices outlined above can help you to remain focused, pay attention to detail, and get the deal done right.


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