On March 25th NYACP sent a letter to Governor Cuomo requesting the promulgation of critical care guidelines by the Department of Health for use in allocating ventilators among patients in the event of shortages, and immunity from liability for physicians following these guidelines. Importantly, decisions related to ventilator allocation that exclude patients from eligibility, triage and prioritize individuals, and/or direct patients to be extubated are medical determinations that may run counter to current standards of care. An article in April 1, 2020 NY Times reviews the issues and references the NYACP letter.
NYACP is grateful to Governor Cuomo for his leadership and for immunities from civil liability granted in Executive Order 202.10 which was issued on March 23rd. However, criminal and professional liability, as well as liability for deviating from current standards of care, are not specifically included in the Executive Order. The NYACP March 25th letter hopes to open a dialogue with Governor Cuomo’s office to address these concerns. Read the Letter Here.
2020 Legislative Priorities
Access to Care
- Engage in the development and testing of alternative payment models and encourage identification and alignment of outcome based metrics across all payers that have the capacity for adoption by all physician practice types, sizes and settings.
- Address the shortage and maldistribution of the physician workforce through: adequate funding of graduate medical education, physician loan forgiveness, scholarships, expenses for practice start-up and ambulatory care training, and an increase in the number of residency training slots. Seek to establish policies for economic development that apply to community-based physician practices to enhance health care as a value proposition.
- Engage policymakers to ensure the continuing viability of independent practices, regardless of size.
- Seek and support legislation to mandate use of standardized forms and data collection and reporting rules across all payers to reduce regulatory and administrative burdens, which often lead to physician burnout and add to cost.
Quality of Care and Patient Safety
- Seek opportunities for quality improvement and enhanced patient safety through voluntary reporting, care coordination, collaboration, and team-based care and assure protection for physicians who perform peer review functions.
- Support comprehensive medical liability reform and development of alternative systems for dispute resolution in medical liability cases, including models such as health courts and workers’ compensation or no-fault systems.
- Support and promote financing and expanded opportunities for clinical research among physicians, institutions and patients, especially for under-represented populations.
- Eliminate barriers to treatments that address the opioid crisis and other substance use disorders.
Public Health and Health Care Delivery
- Encourage and support evidence-based practice to achieve an appropriate balance between population health and individual well-being using principles of high-value, cost-conscious care.
- Support healthy lifestyles across the continuum of patient care through: prevention, identification of barriers and management of chronic conditions including integration of behavioral health; prevention of and treatment for substance use disorders including tobacco use.
- Advocate for responsible environmental policies that promote public health including, but not limited to mitigation of climate change.
- Encourage programs to improve adult immunization rates, provide vaccination information and education for patients, and remove barriers to immunization.
- Support measures to strengthen preparedness for environmental disasters and outbreaks of infectious disease.
- Advocate for tobacco prevention and cessation inclusive of all electronic delivery platforms.