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As this issue remains fluid, please remain alert for further updates as MSSNY and its General Counsel, (the Garfunkel Wild law firm) continue to dialogue with DOH staff on this issue.

Similar to statements made by NY DOH representatives Keith Servis and Dr.New York State has already received the dubious distinction of being the worst state to practice medicine, in part due to our excessive liability costs.It is imperative that Governor Cuomo veto this liability expansion measure, and for the State Legislature to work with the Governor to enact comprehensive medical liability reform that addresses systemic deficiencies that plague doctors, hospitals, and in turn, hurt our patients.” As part of the liquidation process for the dissolution of Health Republic, the New York Department of Financial Services (DFS) has initiated a lawsuit against the federal government seeking to recover over 5 million owed to Health Republic under various ACA programs, such as Risk Corridor payments, Reinsurance, Risk Adjustment payments, Advanced Premium Tax Credits, and Cost-Sharing Reduction payments.However, this week we received word from DOH staff that it was not moving forward with the January 1 reporting requirement, examining whether it may be necessary to impose this reporting requirement with a formal regulation.However, reporting could still be required later in 2018. William Rosenblatt had raised concerns at meetings of the NYS Office-Based Surgery Advisory Committee that such a burdensome reporting requirement was unnecessary when much of this information is already collected by one of the major OBS accrediting bodies. Andrew Kleinman, together with representatives of MSSNY, New York State Society of Plastic Surgeons and the New York Chapter of the American College of Physicians recently met with NYS DOH representatives to echo these concerns about the potentially burdensome nature of the requirement, and in support of obtaining the needed information from the accrediting bodies.The lawsuit was noted as part of the Order to Show Cause filed by the attorney for the Department of Financial Services (DFS) overseeing the dissolution of Health Republic.

Health Republic was shut down in the fall of 2015 after it was determined it was unable to pay its claims, and it has been in liquidation proceedings since that time.

It requires unvaccinated health care workers in Article 28 facilities regulated by the NYSDOH to wear surgical or procedure masks during those times when the commissioner declares that influenza is prevalent in NYS.

Amendments to the regulations allow for the removal of masks when health care workers are accompanying patients in the community, providing speech therapy services, or communicating with persons who lip read.

Sincerely, Charles Rothberg, MD MSSNY President Legislation (S.6800/A.8516) that would significantly expand the time to bring a medical malpractice lawsuit, in circumstances based upon an “alleged negligent failure to diagnose a malignant tumor or cancer” remains one of 7 bills that have passed both Houses of the Legislature, but have not yet delivered to the Governor for his approval or veto.

Because it has not been paired with badly needed medical liability reforms, if signed into law this measure is predicted to prompt an 11% increase in malpractice premiums at a time when New York already has by far and away the highest cumulative liability costs in the country.

It was noted that there are over 1 million in outstanding claims to providers to be paid.