240.000 PRACTICE MANAGEMENT

(See Vaccines, 312.000)

240.976           Removal of Print Publication Requirements in the Formation of Corporate Entities

MSSNY will support legislation to eliminate the requirements for printed public legal notice for the formation of limited liability companies in New York State which are financial barriers and administrative burdens to physicians opening medical practices. (HOD 2023-108)

240.977           Medical Interpretive Services

MSSNY will advocate that CMS and privately sponsored health insurance plans provide full and adequate compensation for patient interpreter services, with the goal of improving patient engagement and healthcare outcomes in general in the non-English proficient population.  MSSNY will also advocate to the New York Department of Health to allow for usage of family members, friends or employees of physicians’ practices when a certified interpreter is unavailable.  (HOD 2020-255) 

240.978           Physician Tax Fairness

The Medical Society of the State of New York will lobby that physicians be excluded from being considered a specified service business as defined by the Internal Revenue Service.  MSSNY will forward this resolution to the AMA.  (HOD 2020-70)

240.979           FAXes

In an attempt to help keep physician fax lines clear, MSSNY will advocate for the State of New York to set up a registry of physicians’ office fax lines and will prohibit advertisers from sending unsolicited faxes to these numbers.  (HOD 2019-100)

240.980           Modify Clinical Laboratory Improvement Amendment (CLIA) of 1988

It is the position of The Medical Society of the State of New York that it is proper to remove the CLIA certification mandate requirement for physicians who only use CLIA-waived tests and physician-performed microscopy.  MSSNY will forward this resolution to the AMA.  (HOD 2018-251)

240.981           Formation of A MSSNY Clearinghouse

MSSNY will engage regional physician groups, IPAs and ACOs which have already adopted New York State payment reform principles, have entered into value based payment contracts, and are accepting new physicians, so that MSSNY can disburse information to its members needing to develop a relationship with other physician practices in order to gain leverage in value based payment negotiations with health insurers, managed care plans and governmental payers. (HOD 2016-104)

240.982           Written Confirmation of Insurers’ Verbal (Oral) Information

The Medical Society of the State of New York will urge the Centers for Medicare and Medicaid Services (CMS) and the New York State Department of Financial Services to require all federal, state and private/managed care insurers in New York State to provide physicians with written documentation to support any information conveyed verbally (orally) by telephone representatives at the insurer’s Provider Call Center (Telephone Unit, Enrollment Area or Coding Policy Unit) and further require that written confirmation be done by email and/or “fax back” systems.  (HOD 2015-257) 

240.983:          Allow Physicians to Receive “Dual Use” Supplies for In-Office Blood Collection

MSSNY will propose and support new legislation allowing physicians to receive a limited supply of dual use supplies proportionate with the number of specimens received by the lab each month, and will transmit a copy of this resolution to the American Medical Association (AMA) for consideration at its next House of Delegates. (HOD 2013-120; Reaffirmed HOD 2023; Reaffirmed HOD 2024)

240.984           AMA Priorities and Private Group Practice: SUNSET HOD 2022

240.985           Policies Needed to Reduce Physician Burdens from Work Excuses

The Medical Society of the State of New York will study the issue of physician responses to work excuse requirements by employers and submit appropriate policy recommendations to the MSSNY Council or to the next House of Delegates. (HOD 2012-213; Reaffirmed HOD 2022)

240.986           Use of Testimonials in Physician Advertising:

MSSNY will seek to have the NYS Education Law, Section 6530, subdivision 27 amended by removing “testimonials” as part of advertising or soliciting by physicians for patronage that is not in the public interest, provided that the same protections that apply for testimonials by non-physicians pursuant to 29.1(12)(iv) will apply to testimonials by physicians. (HOD 2011-105; Reaffirmed HOD 2021)

240.987           Truth in Advertising: 

MSSNY will advocate for proactive enforcement of New York State regulation that gives patients the necessary information to make informed decisions about who is providing their health care and also seek enactment of legislation to require all health care professionals in all health care settings to-wear identification tags that state their professional designation in large block letters. Physician, nurse, physician assistant, etc. (HOD 2011-104; reaffirmed by Council Nov 3, 2016 in lieu of Resolution 2016-108; Reaffirmed HOD 2023 in lieu of Resolution 60; Reaffirmed HOD 2024 in lieu of resolution 54)

240.989           New Legislation, Regulation or Rule Impacting the Practice of Medicine:

MSSNY will seek legislation that would require a 90-day public comment period to respond to any non-emergent legislation, regulation or rule proposed by the State of New York or its regulatory agencies that will impact the care of the citizens of New York or impact the practice of medicine within the state.  MSSNY also will clearly define as soon as practically feasible the financial impact of legislation affecting physician practice and ensure that such financial information is widely distributed. (HOD 2008-109; Reaffirmed HOD 2018)

240.990           Reimbursement for Use of Interpreters:

MSSNY will urge the American Medical Association to seek legislation to eliminate the financial burdens of physicians, hospitals and health care providers for the cost of interpretative services for patients who are hearing impaired or do not speak English.  (HOD 2008-108; Reaffirmed HOD 2018)

240.991           Translation Services: SUNSET HOD 2014 SME

240.992           Patient Responsibilities:

MSSNY has adopted the following principles of patient responsibility:

(1) Good communication is essential to a successful physician-patient relationship.  To the extent possible, patients have a responsibility to express their concerns clearly to their physicians and be honest.

(2) Patients have a responsibility to provide a complete medical history, to the extent possible, including information about past illnesses, medications, hospitalizations, family history of illness and other matters relating to present health.

(3) In addition to explaining known medical background to their physician, patients have a responsibility to request information or clarification about their health status or treatment when they do not fully understand what has been described.

(4) Once patients and physicians agree upon the goals of therapy, patients have a responsibility to cooperate with the treatment plan.  Compliance with physician instructions is often essential to public and individual safety.  Patients also have a responsibility to disclose whether previously agreed upon treatments are being followed and to indicate when they would like to reconsider the treatment plan.

(5) Patients generally have a responsibility to meet their financial obligations with regard to medical care or to discuss financial hardships with their physicians.  Patients should be cognizant of the costs associated with using a limited resource like health care and should try to use medical resources judiciously.

(6) Patients should discuss end of life decisions with their physicians and make their wishes known.  Such a discussion might also include writing an advance directive.

(7) Patients should be committed to health maintenance through health-enhancing behavior.  Illness can often be prevented by a healthy lifestyle, and patients must take personal responsibility when they are able to avert the development of disease.

(8) Patients should also have an active interest in the effects of their conduct on others and refrain from behavior that unreasonably places the health of others at risk.  Patients should inquire as to the means and likelihood of infectious disease transmission and act upon that information which can best prevent further transmission.

(9) Patients should discuss organ donation with their physicians and make applicable provisions.  Patients who are part of an organ allocation system and await needed treatment or transplant should not try to go outside or manipulate the system.  A fair system of allocation should be answered with public trust and an awareness of limited resources. (10) Patients should not initiate or participate in fraudulent health care, and should report illegal or unethical behavior to the appropriate law enforcement authorities, licensing boards, or medical societies.  (AMA Policy H-140.953 CEJA Rep. A, A-93; MSSNYCouncil 11/2/00; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

240.993           Patient’s Responsibility for Keeping Their Appointments: SUNSET HOD 2024

240.994           Reimbursement for Missed Appointment: SUNSET HOD 2024

240.995       COLA (Commission of Office Laboratory Accreditation): SUNSET HOD 2014

240.996           Fee Differentials: 

MSSNY affirms the principle of equitable reimbursement to rural area physicians by all health insurance carriers in order to encourage establishment of physician practices in these traditionally medically underserved areas of the State.  MSSNY encourages the retention and recruitment of physicians in rural and other underserved areas of New York State by removing the disincentive of lower fee schedules for physicians practicing in such areas.  (HOD 1991-41; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

240.997           Advertising and Solicitation: 

Member physicians may ethically engage in advertising or solicitation so long as the communication is not materially false or deceptive.  For example, a physician shall not make materially false or deceptive statements or claims relating to either the results the physician can achieve or his or her skill or ability.  Advertising or solicitation may be conducted through the news media, directories, announcements, professional cards, office signs, or any other medium or means.  The use of intimidation or undue pressure in connection with uninvited, in-person solicitation of actual or potential patients, who because of their particular circumstances are vulnerable to undue influence, is unethical. (Council 4/19/84; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

240.998           Certificate of Need: 

The MSSNY has adopted the policy that no mandatory Certificate of Need be required relative to the purchase of any equipment in a private physician’s office setting.  (HOD 1978; Reaffirmed Council 6/26/80; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

240.999           Delinquent Accounts: 

A physician who has experienced problems with delinquent accounts may properly choose to request that payment be made at the time of treatment for non-emergent or urgent services or add interest or other reasonable charges to delinquent accounts.  The patient must be notified in advance of the interest or other finance or service charges by such means as the posting of a notice in the physician’s waiting room or appropriate notations on the billing statement.  The physician must comply with state and federal laws and regulations applicable to the imposition of such charges, i.e., the Truth in Lending Law.  (Principles of Professional Conduct, Chapter 11, Section 8) (Modified and reaffirmed HOD 2013; Reaffirmed HOD 2023)