News in brief - Oct. 18, 2004

Researchers win prize for work on sense of smell - Schwarzenegger signs medical investigations bill - Judge clears Aetna settlement - W.Va. Supreme Court says no to physician's lawsuit - Second Match under consideration - New guide offers direction on cultural sensitivity

Researchers win prize for work on sense of smell

American researchers Richard Axel, MD, and Linda B. Buck, PhD, won the 2004 Nobel Prize in physiology and medicine on Oct. 4 for their work on the sense of smell.

The researchers discovered a large gene family of about 1,000 different genes that give rise to an equivalent number of olfactory receptor types. Their effort clarifies how the olfactory system works.

Dr. Axel is a professor of biochemistry and molecular biophysics at Columbia University and an investigator at the Howard Hughes Medical Institute at the College of Physicians and Surgeons, Columbia University in New York. Dr. Buck is a member of the Basic Sciences Division at the Fred Hutchinson Cancer Research Center in Seattle.

Schwarzenegger signs medical investigations bill

California Gov. Arnold Schwarzenegger signed a bill on Sept. 29 that calls for state medical and law enforcement agencies to develop protocols that ensure a proper medical review has been conducted before physicians are arrested for improper prescribing. The bill had been approved without opposition by the Legislature on Aug. 20.

The bill mandates that these protocols be created by Jan. 1, 2006, and some hard negotiations are expected.

"The senator's bottom line is that doctors need to make medical decisions in consultation with their patients -- not their local district attorney," said Brett Michelin, chief of staff for the bill's sponsor, state Sen. Sam Aanestad, DDS. "We're trying to get cops and district attorneys out of the doctor's office."

The new law also calls for prompt return of any medical records seized in an investigation, and California Medical Assn. Associate Director of Government Relations Bryce Docherty predicted that protocols for this provision of the law would be settled quickly but other items may take longer.

Docherty said that the Medical Board of California's pain treatment guidelines will serve as a foundation for the new protocols.

Judge clears Aetna settlement

The 11th U.S. Circuit Court of Appeals cleared the way for Aetna to go forward with the settlement agreement reached last year in the massive class-action lawsuit alleging the plan unfairly reimbursed doctors.

The federal appeals court based in Atlanta in late September affirmed the settlement that the company agreed to with the nation's physicians and organized medicine. A handful of physicians challenged the settlement that U.S. District Judge Federico Moreno in Miami approved.

The settlement includes $100 million to be divided among physicians who are part of the class. Many physicians donated their portion to a foundation established under the agreement that will promote physician-directed improvements to the health care system. The agreement, among other things, outlines the steps Aetna will take to improve business relations with doctors, including disclosing how the company determines what it pays for physicians' services. Aetna estimates the business practice improvements will be worth about $300 million to physicians.

W.Va. Supreme Court says no to physician's lawsuit

The West Virginia Supreme Court in September said it wouldn't hear Clarksburg ob-gyn Julie K. McCammon, MD's, appeal to have her case against the state's trial lawyers group and its president reinstated.

A lower court threw out the lawsuit Dr. McCammon filed against the West Virginia Trial Lawyers Assn. and William L. Frame. The complaint alleged that trial lawyers filed frivolous, nonmeritorious and malicious lawsuits against doctors that led to "unwarranted and stifling" increases in liability insurance premiums. It asked for damages for economic losses, professional limitations, emotional distress and mental anguish.

Dr. McCammon plans to appeal her case to the U.S. Supreme Court.

Second Match under consideration

The National Resident Matching Program is investigating whether it should include a second phase to the residency match, and among other input the NRMP has solicited, all registrants for the 2005 Match will be asked to fill out a survey on the idea.

Currently, once the Match is done, students who haven't matched have to contact programs individually to find open positions in what is called the "Scramble." An electronic list of unfilled programs provides applicants with real-time access to only those positions that remain available.

The second match would not be a new match, but a second phase with all the same agreements and contracts in place.

More information about the second match model is on NRMP's Web site (www.nrmp.org).

New guide offers direction on cultural sensitivity

Doctors in Touch in Oak Park, Ill. is offering a new booklet to help physicians understand how culture affects a patient's behavior in the health care relationship.

"Cultural Sensitivity: A Guidebook for Physicians and Healthcare Professionals" is a quick reference of potential patient behaviors and beliefs that impact a physician's success in providing care. Doctors in Touch said not understanding a patient's cultural reference can lead to poor communication and frustrating interactions.

The booklet costs $29.50. Discounts are available for residents and medical students. For more information call 708-697-6448 or go online (www.doctorsintouch.com).