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Legal Technology Alert: ADA Website Accessibility Lawsuits are on the Rise
It is important for all health care providers to ensure that their websites are fully accessible to persons with visual impairments or other similar disabilities.
The best practice for health care providers to follow is to have IT professionals conduct a comprehensive website audit, guided by counsel to preserve confidentiality.
In order to avoid litigation, practices should review their websites for compliance with the Americans with Disabilities Act (“ADA”).
Click here to learn more about reviewing your exposure.
Garfunkel Wild PC is general counsel to the Society. Our Garfunkel Wild's relationship partners are:
You can reach them by phone at: (516) 393-2230
On June 6, 2018, the New York State Workers Compensation Board released a proposal o to provide an “overall” 5% increase in the Workers Compensation medical fee schedule effective October 1, 2018.
To review how such increase is proposed to be implemented: http://www.wcb.ny.gov/content/main/hcpp/FeeSchedules.jsp
Comments are due to the WCB by August 5, 2018. NYSSOS Board and Worker's Compensation Task Force are reviewing the entire proposal and is seeking your feedback. Please send your comments to Babette Grey, Executive Director and cite how this proposal will impact your practice (positively or negatively).
Additionally, the proposed regulation cites the cost of ordering a hard copy of the fee schedule will be $100, and an electronic copy will cost $400. WC t testimony fee for physicians will also increase from $400 to $450.
NYSSOS has advocated for the past three years to include PAs in its eligibility of providers. However, we have expressed concern that the proposal would enable a nurse practitioner to assess an injured worker’s level of disability and determine causation of a patient’s injury without the involvement of a physician. S.8812A and A.8387-C in the Assembly and Senate seeks to expand the list of eligible providers to include acupuncturists, chiropractors, nurse practitioners, physical therapists, physician’s assistants, podiatrists, psychologists and social workers.
As part of the 2017 executive budget, Workers’ Compensation law §15(3)(x) required the Workers' Compensation Board to implement new Permanency Impairment Guidelines for Schedule Loss of Use (SLU) evaluations. The new 2018 SLU Guidelines took effect January 1, 2018.
The Board's Medical Director and Senior Policy Advisor, Elain Sobol Berger, MD, JD will provide training in the 2018 Guidelines' approach to assessing SLU permanent impairment. Case studies will demonstrate how to apply the SLU principles and objective criteria in making an SLU determination.
There will be four webinars, so you can register for the time that works best for you. Each webinar will last approximately one hour and will include time for questions and answers. Space is limited, so please register early. When you click ‘register here’, you will be taken to a general information page. You must click ‘Register’ on the bottom of that page to sign up.
More information
For more information on the Schedule Loss of Use Guidelines, please see Subject No. 046-1011. The enabling regulation is set forth at 12 NYCRR 325-1.6, and is also available at the Board's website.
Last week, the New York State Workers' Compensation Board released a bulletin announcing efforts to increase provider participation in the workers' compensation system and improve injured workers' access to timely, quality medical care
The proposals are centered around an increase to provider fees and adoption of the universal CMS-1500 form to reduce administrative burden. Additional measures include the launch of a portal and increasing the recognition of provider types in the system.
NYSSOS has issued a statement to the NYS Workers Compensation Board as they explore these proposals.
(excerpts)
We applaud the New York Workers’ Compensation Board for undertaking a multipronged approach to increase access to quality medical care for injured workers. We are optimistic the Board will use this opportunity to reflect and support the importance of the orthopaedic specialty and its role in advancing the appropriate care of an injured worker. We acknowledge the importance of a care team in providing services to the injured worker, however we caution the Board that delays in direct, appropriate care can result in high percentages of patients not returning to work, essentially increasing costs to the overall system. We stand ready to share our goal in returning the injured worker to maximal function, with the least residual impairment, and resume work safely in the shortest term possible.
We applaud the New York Workers’ Compensation Board for undertaking a multipronged approach to increase access to quality medical care for injured workers.
We are optimistic the Board will use this opportunity to reflect and support the importance of the orthopaedic specialty and its role in advancing the appropriate care of an injured worker.
We acknowledge the importance of a care team in providing services to the injured worker, however we caution the Board that delays in direct, appropriate care can result in high percentages of patients not returning to work, essentially increasing costs to the overall system.
We stand ready to share our goal in returning the injured worker to maximal function, with the least residual impairment, and resume work safely in the shortest term possible.
We remain vigilant as to the potential impact the proposals may have on access to care. We are committed to promoting and representing viewpoints of the orthopaedic community and it patients throughout this process.
April 28, 2018 - 10AM to 2PM
The National Prescription Drug Take Back Day aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the general public about the potential for abuse of medications.
Locate a Collection Site Near You
Database will be active on April 1, 2018. Search by zip code or city/state to find a collection site near you.
Partnership Toolbox
Download posters, handouts and other materials to promote National Prescription Drug Take Back Day.
Drug Disposal Information
The data submission deadline for the Merit-based Incentive Payment System (MIPS) is March 31.
Resources to help you meet the deadline:
For More Information:
ON A SEPARATE BUT VERY IMPORTANT NOTE, ANY PAPER CLAIMS THAT CONTAIN HANDWRITTING IN OTHER THAN THE SIGNATURE FIELD WILL BE RETURNED AFTER April 30, 2018 and will need to be resubmitted in a TYPED format!
Governor Cuomo's budget proposal includes a provision that would remove the physician supervision requirement for Certified Registered Nurse Anesthetists (CRNAs) and replace it with a poorly defined collaborative agreement. This proposal would lower the standard of care for the administration of anesthesia and put New York's patients at increased risk. Additionally, the proposal will grant up to 1,240 nurse anesthetists full prescribing authority upon obtaining a vaguely described "certificate," at a time when New York State is combating prescription drug and opioid abuse. This will exacerbate the crisis.
Email your state Assembly member and Senator to tell them to remove PART H in the budget bill S.7507/A.9507.
Today, the Centers for Medicare and Medicaid Services (CMS) published a table displaying the Alternative Payment Models (APMs) that CMS operates.
In the table CMS identifies which of those APMs CMS has determined to be MIPS APMs or Advanced APMs.
See the table here: https://www.cms.gov/Medicare/Quality-Payment-Program/Resource-Library/Comprehensive-List-of-APMs.pdf
Until recently, total knee arthroplasty (TKA) was included on the Medicare inpatient-only (IPO) list.
The removal of TKA from the IPO has raised multiple questions.
Because of the significant amount of confusion surrounding this issue, AAOS is providing this list of frequently asked questions as an easily accessible resource.
Access resource: TKA IPO FAQs(2).pdf
Advocating for the orthopaedic surgeon, patients and musculoskeletal health in New York.
info@nyssos.org 1-518-439-0000 Address: PO Box 38004, Albany, NY 12203
