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December 2008 | Back to Table of Contents

MMA News

Minnesota Physicians Shape AMA Policy

Minnesota physicians saw six of their state’s resolutions accepted when the AMA House of Delegates convened in Orlando for its interim meeting in November.

Resolution 206, Educating Physicians and Patients about the Mental Health Parity Act of 2007, was adopted with changes. This directs the AMA to provide information about the new law on its website.

Resolution 207, Support for the 20/220 Pathway, was reaffirmed by the House of Delegates, which means that support for easing the tuition debt loads of medical students will remain AMA policy for another 10 years.

Resolution 817, Tools for Informed Patient Choice and Shared Decision Making, was adopted after being amended with minor changes. It asks the AMA to educate physicians about the importance of shared decision-making tools and to encourage them to move toward patient-centered care.

Resolution 818, Joint Commission Credentialing of Low-Volume Physicians, was adopted. It calls on the AMA to study the challenges of developing fair criteria for credentialing providers with low patient volumes.

Resolution 819, Physician-Directed Personal Care Team as Medical Home, was rolled into another resolution and adopted as amended. It asks the AMA to adopt the Joint Principles of the Patient-Centered Medical Home, which have already been endorsed by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Physicians, and the American Osteopathic Association.

Although Resolution 826, Physician Reimbursement for Death Certificates and Cremation Authorizations, was not adopted by the House of Delegates, the resolution was widely discussed, and the importance of improving death certificate standards was acknowledged.

The AMA also acted on three resolutions relating to Medicare geographic inequity cosponsored by the Minnesota delegation and others. The House of Delegates acted to combine the three resolutions into a substitute resolution affirming the policy of equal pay for equal work regardless of geographic location.

Election Results in Small DFL Gains

The November election increased DFL majorities in the Minnesota House and Senate by slight margins but not by enough to significantly change the balance of power in St. Paul.

The DFL party picked up two more House seats to achieve an 87 to 47 majority—three seats shy of the number needed to override a veto by Gov. Tim Pawlenty.

The DFL maintained its ability to override vetoes in the Senate by picking up one seat and achieving a 46 to 21 majority.

“The bottom line is that the DFL gained some seats but not enough to really change the dynamics at the Capitol,” says Dave Renner, MMA director of state and federal legislation.

MEDPAC, the political arm of the MMA, saw 33 of the 37 candidates it supported for state office win their seats.

At the federal level, the Minnesota delegation to the U.S. House of Representatives remained unchanged except for the election of Republican Erik Paulsen to Rep. Jim Ramstad’s Third District seat. Ramstad, also a Republican, will retire at the end of the session. The result of the Senate race between Democrat Al Franken and Republican incumbent Norm Coleman hinges on a statewide recount that was underway at press time.

AMPAC, the AMA’s political arm, supported Coleman for his efforts to stop proposed cuts to Medicare reimbursement rates for physicians.

“In terms of Minnesota’s Congressional delegation, the loss of Jim Ramstad is probably the most significant change at this time, since he was such a strong advocate for health care,” Renner says.

Physicians Needed

With a large state deficit predicted and a budget battle looming, the MMA will need a strong showing of physicians at the Capitol this year to encourage lawmakers to protect public health spending, safety-net programs, and the Health Care Access Fund.

Please plan to attend the 2009 MMA Day at the Capitol. The event offers you a great opportunity to meet other physicians, get the inside scoop on key issues, and lobby your lawmakers about the issues you care about.
To register, visit www.mmaonline.net or contact Vicki Westling at 800/342-5662, ext 3764.

What: Day at the Capitol
When: Thursday, February 5, 2009, 1:30 to 4:30 p.m.
Where: The Minnesota State Capitol in St. Paul
Cost: Free
Tentative Schedule:
12:30 – 12:45 p.m. Registration
12:45 – 2:15 p.m. Welcome/Overview of Key Issues
2:15 – 3 p.m. Addresses by Legislative Leaders
3 – 4 p.m. Individual Meetings with Legislators
4 – 4:30 p.m. Wrap-up

MMA to File Brief in Immunity Case

The MMA plans to file an amicus brief with the Minnesota Court of Appeals in a case addressing whether or not physicians have immunity after discharging a patient who later harms someone.

Minnesota law says that physicians are immune from legal liability when they hospitalize a patient who shows signs of being harmful to himself or somebody else.

At issue in the case of Losen, et al. versus Allina is whether a physician acting in good faith and with actual knowledge of a patient is immune from liability if he or she decides not to hold a patient.

The plaintiff’s claim is that the defendants, Allina Health System, Minnesota Epilepsy Group PA, and three physicians, were negligent in releasing a patient who was admitted to United Hospital for behavioral changes following alterations to his anticonvulsant prescription medication regimen.

The patient was admitted to the hospital July 28, 2003. The next day, he tried to leave against medical advice and was restrained. Two hospital physicians assigned to the patient (one of whom is a psychiatrist) believed there were insufficient grounds to place a 72-hour hold on the patient because he did not have a history of violence and agreed to a follow-up visit and to take his medications.

The patient was discharged. Two weeks later, he shot and killed his mother and assaulted his father and stepmother. The plaintiff alleged that the defendants were negligent for not holding the patient. The defendants argued that the hospital and physicians were immune under Minnesota law.

When the case was brought before Ramsey County District Court, the judge awarded a summary judgment in favor of the defendants. The plaintiffs are appealing that decision.

The Minnesota Court of Appeals has agreed to allow the MMA and Fairview Health Services to file a joint amicus brief on behalf of the defendants. The brief will be filed in early December. Watch for more information on this case and the amicus brief.

MMA Endorses Revenue Services Provider

Physicians frustrated with trying to keep their practices ahead financially can get help from a provider of office business services newly endorsed by the MMA. 

TFane Healthcare Financial Services offers a broad array of services designed to help your practice better manage its revenue cycle. Choose a full suite of services for everything from patient appointment scheduling to revenue collection or select one that targets a specific problem such as reducing your backlog of charts to be coded, collecting your accounts receivables, or simplifying electronic prescribing.

To learn more about TFane’s services, contact Erika Nelson at the MMA at 612/362-3732, or enelson@mnmed.org. 

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