State Legislative Update

Many states have proposed DPC legislation in the current session.  Here are the ones that we are following.  If we have left any off the list please let us know by placing a comment below! By the end of this legislative session we could have 20 states with DPC laws on the books!

Wyoming has proposed SF0049.  The bill is an excellent piece of legislation that should be supported broadly.  It can be viewed here and tracked here.

Virginia has proposed SB 685 which can be tracked here and viewed here.  Another good example of DPC legislation, though this one has certainly required some defending.  

Florida has proposed companion HB 37 and SB 0132.  The house bill can be tracked here and viewed here.  The senate bill can be tracked here and viewed here.  These have our support as well.

Tennessee has proposed excellent legislation in the form of companion HB 2323 and SB 2443 modeled after Oklahoma's.  You can track it here.  

Alaska has proposed helpful legislation with HB 159 which can be viewed here and tracked here.

Nebraska has LB 817 that has been proposed by Senator Riepe (who was kind enough to attend the DPC Summit last year).  It can be tracked here and viewed here.  

Georgia has SB 265 to protect DPC practices.  (The same language has also been offered as part of a larger bill - SB 291).  These links both display and track the legislation.  

By Phil Eskew

Medicaid Update, Discount Cards, MACRA APMs, Telemedicine

Medicaid Update - For all the whispers of state Medicaid programs discussing DPC pilots, none have come to fruition yet.  Manatt offers an excellent Medicaid Expansion Recap article.  Readers will note the absence of any mention of DPC.

Pharmacy Discount Cards - Any veteran DPC physician would tell you that these items typically are not necessary because they do not actually lead to the most affordable prices for medications.  At any rate, they are popular in some areas - usually among "traditional" physicians.  Those groups had better watch out!  If you have not opted out of Medicare, handing out pharmacy discount cards could amount to False Claims Act or Antikickback liability!  Check out this article by Robert M. Wolin "Drug Manufacturer Discount Cards: Accept With Caution."  Oddly enough, when nonprofits design "charity" programs to reduce certain costs for beneficiaries of government programs the OIG does not view this as a problem.  

This quick update from Health Industry Washington Watch includes the following quote: "MACRA established the Physician-Focused Payment Model Technical Advisory Committee (PTAC) to provide recommendations to the Secretary of Health and Human Services on the criteria for physician-focused APMs, and to submit comments regarding whether specific proposals meet the criteria to be established by the Secretary. "  So readers might want to follow this group.  Hopefully they will view DPC as an APM (Advanced Payment Model).

For those that hope growth in telemedicine will encourage more DPC, check out this case summary from a group that is battling the Texas Medical Board "Antitrust: “Doctor, Doctor, Give Me the News.”

Malpractice, FCA, GME, HIPAA, More State Legislation

Malpractice & FCA Risk - To the educated physician, malpractice should not be your greatest legal fear.  Yearly malpractice payouts across the nation are hanging just shy of $4 Billion annually, but the "up and comer" is the False Claims Act - where payouts now total $3.5 Billion per year.  Provisions of the False Claims Act and the liability associated with Medicare RAC audits are more ominous than medical malpractice.  According to Lisa Noller RAC Audit use is expected to increase.  Remember that "pure" opted out DPC physicians that do not bill any government entities are free of any False Claims Act liability, and medical malpractice in the DPC setting is lower as well.

GME Funding Not Increasing - If you expect Medicare to continue providing more funding for graduate medical education (residency positions) - think again!  See Dr. Fitzhugh Mullan's NEJM article.  Maybe the formation of independently funded DPC residencies could help fill the gap?

HIPAA rules are changing, and not necessarily for the better.  Remember that the "P" stands for portability, not privacy.  As of Feb 5, 2016, HHS will permit "certain HIPAA covered entities to disclose to the National Instant Criminal Background System (NICS) certain personal health information (PHI) related to individuals who are subject to a Federal “mental health prohibitor” that disqualifies them from shipping, transporting, possessing, or receiving a firearm."  This new rule is discussed both here and here.   Here is a great discussion of the importance of cybersecurity regarding medical records.

January state legislative sessions are off and running, and many more states are considering DPC Legislation:
- Wyoming
- Virginia
- Florida