News in brief - Jan. 5, 2004

HIPAA has its day in court - AMA to push for Medicaid tax credits - Doctors to fight for better Medicare infusion therapy pay - AMA members call for right to bargain collectively - AMA votes to push for weapons ban extension - Doctors vote for crackdown on unsafe online drug sales - AMA seeks protection of peer review materials - Doctors support FDA drug-tracking efforts

HIPAA has its day in court

The U.S. District Court in Philadelphia last month heard arguments in a lawsuit seeking an injunction against the federal privacy rule that went into effect on April 14, 2003. The suit names U.S. Dept. of Health and Human Services Secretary Tommy Thompson. It alleges that the privacy rule was changed to assuage health care industry lobbyists by removing patients' ability to control their health information.

HHS counters that the rule was modified in response to thousands of complaints arguing that the need for written patient consent would interfere with the delivery of medical services. Both sides have requested summary judgment.

As of press time, it was unclear when Judge Mary McLaughlin would announce her ruling.

AMA to push for Medicaid tax credits

The American Medical Association will advocate that the medical portion of Medicaid be financed with federal tax credits to patients. The credits should be refundable, advanceable, inversely related to income and administratively simple, according to policies approved at the AMA Interim Meeting.

People who are eligible for Medicaid should not be subject to cost-sharing, AMA delegates said. Those who do not qualify for the program but still cannot afford health insurance also should receive some form of tax credit to help them buy coverage. But they should share in some of the cost, delegates added.

The AMA vote reflects the increasing recognition among physicians that Medicaid is in deep trouble. States are reducing benefits, increasing patients' cost-sharing and decreasing physician payments.

"Medicaid needs reform," said Daniel H. Johnson Jr., MD, a former AMA president. "This puts patients in the driver's seat and the doctor riding shotgun."

Doctors to fight for better Medicare infusion therapy pay

Many oncologists are concerned that under new Medicare reimbursement rates they likely will suffer significant financial losses when they provide cancer patients with infusions in their offices.

The American Medical Association House of Delegates at its Interim Meeting in December 2003 voted to support efforts to boost Medicare payments to a level that fully covers doctors' cost for acquiring, storing and providing the medication and for related services.

Physicians worry that if Medicare doesn't pay adequately, patients' access to outpatient infusion therapy will worsen, especially in rural areas.

AMA members call for right to bargain collectively

Doctors continue to ask for relief in the way the government applies federal antitrust law. At the AMA's Interim Meeting last month, the House of Delegates called for the American Medical Association to find a Senate sponsor for a bill that would allow physicians to negotiate collectively and to provide support to states trying to pass legislation that would allow doctors to bargain collectively.

Delegates also asked the Association to continue to develop and publish evidence of health plan dominance in many markets and to place a "high priority" on the level of support provided to its public and private sector advocacy units, which help address the problems physicians face. The AMA also must develop educational resources so that physician groups can better understand and use legal models to negotiate contracts.

AMA votes to push for weapons ban extension

The American Medical Association will advocate for the reauthorization and strengthening of the 1994 Assault Weapons Ban, which is scheduled to sunset in September 2004.

The AMA House of Delegates at its Interim Meeting voted to advocate for a clarification of the definition of assault weapons to help prevent gun makers and sellers from getting around the law, a ban on kits used to convert lower-powered weapons into assault weapons, regulation of "grandfathered" assault weapons, better tracing of assault weapons, a ban on all high-capacity ammunition magazines and prohibition of juvenile possession of assault weapons.

Doctors vote for crackdown on unsafe online drug sales

To cut down on the unsafe sale of prescription drugs over the Internet, organized medicine will lobby state and federal government agencies to enforce laws and regulations already in place that make certain online pharmaceutical prescribing practices illegal. The American Medical Association and state and specialty societies also will ask the government to prosecute companies to make sure that illegal operations are shut down.

The directive came from the AMA House of Delegates at its Interim Meeting last month. The AMA also reaffirmed a policy and an ethical opinion that establish guidelines for using the Internet in health care settings.

AMA seeks protection of peer review materials

The American Medical Association will continue to work with the Bush administration and Congress to enact legislation that would prevent the use of peer review information in legal proceedings. The group is seeking a bill that would prohibit the discovery of records, information and documents obtained during professional review proceedings.

The AMA already had policy to pursue this type of legislation, but some physicians at the Association's Interim Meeting said the issue needs to be a higher priority. A report on progress is scheduled to be given at the AMA's 2004 Annual Meeting.

Doctors support FDA drug-tracking efforts

To help stop counterfeit drugs from being sold in the United States, the American Medical Association will support Food and Drug Administration efforts to evaluate and facilitate tracking systems for pharmaceuticals.

Physicians at the Association's Interim Meeting said an increase in the number of counterfeit drug investigations over the past decade has demonstrated the need for a system that can help identify counterfeit pharmaceuticals.