AMA Provider DISCRIMINATION Resolution - Texas Journal of Chiropractic

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AMA Provider DISCRIMINATION Resolution

Published 06/15/2010 - 10:00 a.m. CDT

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Chiropractic Economics REPORTS HERE, as did we IN THIS ARTICLE, that "AMA specialists promote repeal of nondiscrimination toward chiropractors, other integrative practitioners."

"Anesthesiologists and ophthalmologists have asked the AMA to initiate a lobbying campaign at the executive, Congressional and grassroots levels so the Section 2706 of the 2010 law, scheduled to come into effect in 2014, never does," Chiropractic Economics reports.

"The request is framed as part of the AMA's ongoing Scope of Practice Partnership against other professions. Section 2706 is healthcare reform's most significant inclusiveness measure for DCs, NDs, LAcs, massage therapists and licensed midwives."

"Section 2706, if not repealed, could open consumer choice to these practitioners to tens of millions of U.S. residents. In the name of patient protection, the two AMA specialty societies are acting against their direct competitors, nurse anesthetists and optometrists, but taking out integrative practitioners with them."

Says the AMA Resolution (underscores added):

AMERICAN MEDICAL ASSOCIATION HOUSE OF DELEGATES

Resolution: ASA 1
(A-10)

Introduced by: American Society of Anesthesiologists
American Academy of Ophthalmology

Subject: Averting a Collision Course Between New Federal Law and Existing State Scope of Practice Laws

Whereas, Scope of practice and regulation of medicine and paraprofessionals remains and should remain the purview of the individual states in keeping with our existing AMA policy; and

Whereas, The recent enactment of Federal health reform through the "Patient Protection and Affordable Care Act (PPACA)" contains troubling language that upsets this dynamic balance; and

Whereas, PPACA specifically contains language that amended the Public Health Service Act by addition of new Section 2706 that will prevent health plans in 2014 and thereafter from differentiating among licensed and certified health professionals with regard to health plan participation or coverage; and

Whereas, ASA, a large number of state medical and national medical specialty societies and our AMA opposed this language in various ways and its inclusion in PPACA, and despite our efforts and protests it was enacted; and

Whereas, Our AMA was the leading stakeholder in keeping this ill-advised language out of the "Patients' Bill of Rights" over a decade ago; and

Whereas, This new Federal law could trump existing state laws and create massive confusion, patient safety issues and waste scarce health care dollars by patients seeking and being subjected to inappropriate or unproven treatments; and

Whereas, The Department of Health and Human Services may or may not promulgate regulations on this matter based on the enactment of the new PPACA law; therefore be it

RESOLVED, That our American Medical Association immediately condemn and work to repeal new Public Health Service Act Section 2706, so-called provider "Non-Discrimination in Health Care," as enacted in PPACA, through active direct and grassroots lobbying of and formal AMA written communications and/or comment letters to the Secretary of Health and Human Services and Congressional leaders and the chairs and ranking members of the House Ways and Means and Energy and Commerce and Senate Finance Committees (Directive to Take Action); and be it further

RESOLVED, That our AMA place repeal of new Public Health Services Act Section 2706 as an active agenda discussion and strategy item of each meeting or telephone conference of the Scope of Practice Partnership and provide regular updates to our AMA members on progress toward this end. (Directive to Take Action)

Received: 5/13/10

RELEVANT AMA POLICY

H-35.973 Scopes of Practice of Physician Extenders - Our AMA supports the formulation of clearer definitions of the scope of practice of physician extenders to include direct appropriate physician supervision and recommended guidelines for physician supervision to ensure quality patient care. (Res. 213, A-02)

H-160.936 Comprehensive Physical Examinations by Appropriate Practitioners - AMA policy supports the position that performance of comprehensive physical examinations to diagnose medical conditions be limited to licensed MDs/DOs or those practitioners who are directly supervised by licensed MDs/DOs; and the AMA will actively work with state medical societies and medical specialty associations, both in the courts and in the legislative and regulatory spheres, to oppose any proposed or adopted law or policy that would inappropriately expand the scope of practice of practitioners other than MDs/DOs. (Sub. Res. 210, I-96; Reaffirmed: BOT Rep. 34, A-06; Reaffirmed in lieu of Res. 235, A-09)

H-275.973 State Control of Qualifications for Medical Licensure - (1) The AMA firmly opposes the imposition of federally mandated restrictions on the ability of individual states to determine the qualifications of physician candidates for licensure by endorsement. (2) The AMA actively opposes the enactment of any legislation introduced in Congress that promotes these objectives. (Res. 84, I-87; Reaffirmed: Sunset Report, I-97; Reaffirmed: CME Rep. 2, A-07)

H-275.975 Qualifications of Health Professionals - (1) Private certifying organizations should be encouraged to continue certification programs for all health professionals and to communicate to the public the qualifications and standards they require for certification. Decisions concerning recertification should be made by the certifying organizations. (2) Working with state licensing and certifying boards, health care professions should use the results of quality assurance activities to ensure that substandard practitioner behavior is dealt with in a professional and timely manner. Licensure and disciplinary boards, in cooperation with their respective professional and occupational associations, should be encouraged to work to identify "deficient" health care professionals. (BOT Rep. NN, A-87; Reaffirmed: Sunset Report, I-97; Reaffirmed: CME Rep. 2, A-07)

H-405.969 Definition of a Physician - 1. The AMA affirms that a physician is an individual who has received a "Doctor of Medicine" or a "Doctor of Osteopathic Medicine" degree or an equivalent degree following successful completion of a prescribed course of study from a school of medicine or osteopathic medicine. 2. AMA policy requires anyone in a hospital environment who has direct contact with a patient who presents himself or herself to the patient as a "doctor", and who is not a "physician" according to the AMA definition above, must specifically and simultaneously declare themselves a "non-physician" and define the nature of their doctorate degree. 3. Our AMA actively supports the Scope of Practice Partnership in the Truth in Advertising campaign. (CME Rep. 4-A-94; Reaffirmed by Sub. Res. 712, I-94; Reaffirmed and Modified: CME Rep. 2, A-04; Res. 846, I-08; Reaffirmed in lieu or Res. 235, A-09; Reaffirmed: Res. 821, I-09; Appended: BOT Rep. 9, I-09)

D-275.979 Non-Physician "Fellowship" Programs - Our AMA will (1) in collaboration with state and specialty societies, develop and disseminate informational materials directed at the public, state licensing boards, policymakers at the state and national levels, and payers about the educational preparation of physicians, including the meaning of fellowship training, as compared with the preparation of other health professionals; and (2) continue to work collaboratively with the Federation to ensure that decisions made at the state and national levels on scope of practice issues are informed by accurate information and reflect the best interests of patients. (CME Rep. 4, I-04)

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