Protect the Ban on the Corporate Practice of Medicine We need your help! Contact Members of the Assembly Appropriations

Wed Aug 19 18:23:21 PDT 2009

[http://www.aaem.org/emails/images/calaaem_header.gif]
August 18, 2009

Dear Colleagues,

I am writing to make you aware of SB 726 (Ashburn bill) and to solicit your help.  This bill is scheduled to be heard at the Assembly Appropriations Committee as early as this Wednesday in Sacramento.

If passed, SB 726 would allow hospitals to employ physicians directly and charge for physician services.

Thus far, the Medical Practice Act, the ban against the corporate practice of medicine (it restricts the employment of licensed physicians, surgeons and podiatrists by a corporation or other artificial legal entity) has provided a fundamental protection for patients by ensuring their physicians' sole interest is what is best for the patient.  When hospitals are allowed to directly employ and charge for physician services, quality of care suffers from conflicts of interests.  Hospitals derive income from patient beds being filled; hospital CEOs and administrators are motivated by financial interests, and patient care takes a back seat to dollar signs.

Please go to http://www.totalcapitol.com/?keywords=SB+726 to read a copy of the bill.

We need your help and FAST - call, email or fax the legislators and urge them to vote NO on SB 726.  Their contact information and a sample letter are included below.

Thank you for helping to keep corporations out of the practice of medicine!

Ingrid Lim, MD FAAEM
Cal-AAEM President
Ingrid.lim at gmail.com
August 18, 2009

Protect the Ban on the Corporate Practice of Medicine We need your help! Contact Members of the Assembly Appropriations

The American Academy of Emergency Medicine<http://www.aaem.org/>

Committee to Urge Them to Oppose SB 726!

SB 726 (Ashburn), a bill that would erode the patient protections of the ban on the corporate practice of medicine in California, will be heard in the Assembly Appropriations Committee as early as this Wednesday; however, we urge you to register your opinion now.  It is sponsored by AFSCME, a labor union interested in unionizing doctors, and the California Hospital Association, whose members want to hire and control doctors.

We ask that you and your colleagues CALL, EMAIL or FAX those legislators and urge them to Vote No on SB 726.

Phone calls are most effective, but emails and faxes are important too.  If you or your colleagues choose to submit an email or fax to your legislator(s), we strongly encourage that you personalize the letter, which will greatly increase its impact.

Please be advised that the unions and hospitals are urging their members and other physicians to call to register support, so your participation is absolutely necessary so that legislators know the true impact this bill would have in their districts.

Your involvement is critical to ensure that legislators understand the impact this bill will have on the quality of care their constituents receive in California hospitals.  We need to let these legislators hear from as many doctors as possible that these bills are bad for patients (their constituents).

A sample letter, talking points and a complete list of legislators on the Appropriations Committee and their contact information are below:

TALKING POINTS - OPPOSE SB 726

1) The ban on corporations practicing medicine is an important protection for patients in California hospitals.  This protection ensures that those who make decisions that affect the provision of medical services (1) understand the quality of care implications of that medical service; (2) have a professional, ethical obligation to place the patient's interest first; and (3) are subject to the Medical Board of California.

2) SB 726 will erode the quality of care in California hospitals.  It will grant control over treatment decisions to hospital CEOs and administrative staff who have different motivations and mandates than physicians.  This will create conflicted loyalties in an institution that must remain true to the patient's interests and will erode the quality of care patients receive in California hospitals.

3) Placing doctors under the oversight of hospital administrators and CEOs who are under enormous pressures to cut costs or increase revenue will threaten the independent medical judgment necessary to ensure patients are protected.

4) Hospitals are already interfering with medical staffs' ability to ensure quality care through independent self-governance.  For example, some hospitals have adopted medical management protocols which have resulted in inappropriate hospital tests, procedures and stays, jeopardizing patients and increasing costs.

5) Allowing a hospital to directly employ a physician will NOT increase access to physician services.  The hospital will push patients to their preferred provider thereby controlling the competitive market.  Other non-employed physicians will not be able to compete and likely be forced out of town resulting in no increased access.

6) CMA supports policies that will truly increase access to care without compromising the quality of care.   The CMA supported bills last year that will provide over $2 million in medical school loan repayment for physicians who agree to practice in these areas.  Since loan repayment obligations is one of the primary reasons physicians will not go to underserved areas, this will attract physicians to these areas without compromising the quality of care patients receive.
_______________________

SAMPLE LETTER

PLEASE PERSONALIZE THIS LETTER

Date

Legislator

Address

Address

Dear (Legislator),

I am writing to request that you oppose SB 726, a bill (that would eliminate important legal protections for patients by allowing hospitals to directly employ physicians.

It is critical for the integrity of patient care in California hospitals that physicians remain independent from the corporate influence of hospital administrators and CEOs who must answer to priorities other than patient care.  By eliminating this protection for patients, SB 726 will erode the quality of care those patients receive in California hospitals.

The ban against the corporate practice of medicine provides a fundamental protection for patients by ensuring their physicians' sole interest is what is best for the patient.  When hospitals are allowed to directly employ and charge for physician services, quality of care suffers due to the fact that hospitals derive income from patient beds being filled.

I recognize there is a shortage of physicians in some areas.  However, there are ways to address that shortage without allowing hospitals to control physician employment.  Increasing slots to allow residents to train in California, developing the medical schools at UC Merced, UC Riverside and expanding access to California 's loan repayment program will truly ensure physicians go to and stay in rural and underserved areas.

Simply allowing hospitals to employ physicians may actually result in reduced access and increased costs.  Hospital employment of physicians eliminates competition for outpatient services, and instead, forces all care to be delivered through the hospital.  As hospitals gain market share in small communities, physicians not employed will likely be forced out of business, and surgery centers outside the hospital will likely be forced to close.  This results fewer options for patients and increased costs as the hospital is able to charge higher rates with the elimination of competition.

For these reasons I request that you vote against bills that would allow hospitals to directly employ and charge for physician services.

Thank you for your consideration.

Sincerely,

Your Name, MD
_______________________

Members of the Assembly Appropriations Committee

Assembly Member Kevin de Leon (Dem) - Chair 45th Assembly District

Assemblymember.deLeon at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 2114

Sacramento , CA 94249-0045

(916) 319-2045

Fax:  (916) 319-2145

Assembly Member Jim Nielsen (Rep) - Vice Chair

2nd Assembly District

Capitol Address

P.O. Box 942849

Room 6031

Sacramento , CA 94249-0002

(916) 319-2002

Fax:  (916) 319-2102

Assembly Member Tom Ammiano (Dem)

13th Assembly District

Assemblymember.Ammiano at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 2175

Sacramento , CA 94249-0013

(916) 319-2013

Fax: (916) 319-2113

Assembly Member Charles M. Calderon (Dem)

58th Assembly District

Capitol Address

P.O. Box 942849

Room 2117

Sacramento , CA 94249-0058

(916) 319-2058

Fax: (916) 319-2158

Assembly Member Joe Coto (Dem)

23rd Assembly District

Assemblymember.coto at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 2196

Sacramento , CA 94249-0023

(916) 319-2023

Fax: (916) 319-2123

Assembly Member Mike Davis (Dem)

48th Assembly District

Capitol Address

P.O. Box 942849

Room 2160

Sacramento , CA 94249-0048

(916) 319-2048

Fax: (916) 319-2148

Assembly Member Michael D. Duvall (Rep)

72nd Assembly District

Capitol Address

P.O. Box 942849

Room 4139

Sacramento , CA 94249-0072

(916) 319-2072

Fax: (916) 319-2172

Assembly Member Felipe Fuentes (Dem)

39th Assembly District

Assemblymember.fuentes at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 5136

Sacramento , CA 94249-0039

(916) 319-2039

Fax: (916) 319-2139

Assembly Member Isadore Hall III (Dem)

52nd Assembly District

Assemblymember.Hall at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 6025

Sacramento , CA 94249-0052

(916) 319-2052

Fax: (916) 319-2152

Assembly Member Diane L. Harkey (Rep)

73rd Assembly District

Capitol Address

P.O. Box 942849

Room 4177

Sacramento , CA 94249-0073

(916) 319-2073

Fax: (916) 319-2173

Assembly Member Jeff Miller (Rep)

71st Assembly District

Assemblymember.Miller at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 3147

Sacramento , CA 94249-0071

(916) 319-2071

Fax: (916) 319-2171

Assembly Member John A. Pérez (Dem)

46th Assembly District

Assemblymember.John.Perez at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 3160

Sacramento , CA 94249-0046

(916) 319-2046

Fax: (916) 319-2146

Assembly Member Nancy Skinner (Dem)

14th Assembly District

Assemblymember.Skinner at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 4126

Sacramento , CA 94249-0014

(916) 319-2014

Fax: (916) 319-2114

Assembly Member Jose Solorio (Dem)

69th Assembly District

Assemblymember.solorio at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 2013

Sacramento , CA 94249-0069

(916) 319-2069

Fax: (916) 319-2169

Senator Tony Strickland (Rep)

19th Senate District

Senator.Strickland at senate.ca.gov

Capitol Address

State Capitol

Room 4062

Sacramento , CA

94248-0001

(916) 651-4019

Fax: (916) 319-2137

Assembly Member Tom Torlakson (Dem)

11th Assembly District

Assemblymember.Torlakson at assembly.ca.gov

Capitol Address

P.O. Box 942849

Room 5160

Sacramento , CA 94249-0011

(916) 319-2011

Fax: (916) 319-2111

American Academy of Emergency Medicine

555 E. Wells Street

Suite 1100

Milwaukee, WI 53202-3823

800-884-2236

Fax: 414-276-3349

Website: www.aaem.org<http://www.aaem.org>

Abid Mogannam &
Brian Potts MD, MBA
Managing Editors, CAL/AAEM News Service
University of California, Irvine
Contact us at: somcaaem at uci.edu<mailto:somcaaem at uci.edu>

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