Litigation center provides another form of advocacy

AMA Leader Commentary. By J. James Rohack, MD, Jan. 3/10, 2005.

AMA LEADER COMMENTARY

A few words about current events in medical practice

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A message to all physicians from the chair of the AMA Board of Trustees, J. James Rohack, MD.

When I talk about how our AMA advocates for physicians, patients and the medical profession, most members assume I mean our lobbying efforts in Congress, the White House and federal regulatory agencies -- and often they're right. However, there is another forum that is just as important to physician advocacy: The Litigation Center of the American Medical Association and the State Medical Societies.

This coalition, with members from every state medical society as well as our AMA, was founded in 1995 to represent the medical profession in the courts. Today, the Litigation Center has assisted physicians and medical societies across the nation on a range of health care issues.

The center has supported legal efforts to reform an abusive tort system, change unfair payment practices, ensure medical staff independence, limit tobacco use and protect patient access to care -- among other hot-button issues.

Depending on the case at hand, the center offers legal advice, participates or takes the lead in litigation, provides financial support and/or files "friend of the court" briefs.

Whatever course it chooses, the center provides crucial legal and moral support to embattled physicians, patients and medical societies, reminding everyone that we are all stronger when we stand together.

This has certainly been the case in Oklahoma, where the Litigation Center has supported a lawsuit against the Oklahoma Health Care Authority (OHCA), which oversees the state's Medicaid program. The lawsuit contends that Oklahoma's Medicaid program violates the "equal access" provision of the federal Medicaid law.

How so? Medicaid payments in Oklahoma are so low that most of the state's physicians cannot afford to participate in the program. Reimbursements simply don't cover the cost of providing care. In addition, bureaucratic barriers, such as complicated forms, deter patients from participating in the program -- even when they are clearly eligible.