August 6, 2020
NYS Rolls Back Portions of Civil and Criminal Liability Protections Extended to Physicians, Hospitals and Nursing Homes Applicable to the COVID Pandemic Effective August 3
On August 3, 2020, Governor Cuomo approved legislation passed by the Assembly and Senate on July 23rd amending civil and criminal immunity protections extended to physicians, hospitals and nursing homes as part of NY Public Health Law Article 30-D last April 2020. PHL Article 30-D extends immunity for healthcare providers during public health emergencies such as the COVID pandemic (declared emergency by Governor Cuomo on March 7, 2020).
While the original law that extended immunity protections applied to all patients in NY during the duration of the state public health emergency, the revision passed on August 3rd restricts immunity protections to physicians, hospitals and nursing homes for treating patients with COVID or suspected of having COVID. Pre-pandemic liability laws will apply to care rendered to all other patients as of the signing of the new law (August 3, 2020).
The law is prospective only and will not apply retroactively for care rendered to patients prior to the effective date.
The new law amends immunity protections as follows:
- Immunity shall only apply when a healthcare provider is treating a patient who is COVID positive, or is suspected of being COVID positive.
- Immunity applied to “arranging for” healthcare is deleted from the current law. (Although the precise definition of what “arranging for” means is not included in the bill or memo).
During the debates about the law on the floor of the Senate and Assembly, elected officials expressed frustration over what occurred during the height of the COVID crisis in nursing homes. On August 3rd, the Legislature conducted a hearing to examine the specific issues that arose with regard to nursing home care. A follow-up hearing is planned for August 10th.
NYS Department of Financial Services Issues Circular Letter Reminding All Healthcare Providers that Patients May Not Be Charged For PPE or Other Increased Costs Due to COVID-19
The New York State Department of Financial Services issued Circular Letter No. 14 (2020) on August 5, 2020 to remind all healthcare providers in NY who participate in an insurer’s provider network that they cannot charge patients any fee over the amount of the cost-sharing amount set forth in the insured’s health insurance policy or contract. This limitation applies to prohibit providers from charging patients extra fees for PPE or any other COVID-19 related expenses. If a provider has charged patients for PPE or other COVID-19 related costs, these payments must be returned to the patient. Please read DFS’s announcement for full details and information.
Chapter Seeks Member Input on Fall 2020 ACP BOG Resolutions
Every member has the opportunity to provide input regarding the development of policies and positions of ACP and the Chapter through the resolutions process. The New York Chapter leadership requests your input on the proposed resolutions scheduled to be acted upon at the ACP Board of Governors (BOG) Fall meeting in October 2020.
Members interested in submitting comments on any or all of the resolutions must do so using our online comments page no later than Friday, August 14, 2020.
Please review the ACP BOG Fall 2020 Resolutions first. Then, to submit a comment, please visit our easy-to-use response form at: NYACP BOG Survey
You may select: Support; Do Not Support; or Support with Amendment. If you select support with an amendment, you will be asked to enter specific language to be added or deleted.
Please Note: You will not be asked to provide comment on the following 3 resolutions:
- Resolution 5-F20 (Defining Physician Practice Styles in ACP Policy) - sponsor accepted this resolution as an affirmation of ACP policy
- Resolution 9-F20 (Studying New Issues Emerging from the COVID-19 Pandemic that Impact Health Disparities in Marginalized and At-Risk Communities and Recommending Public Policy Solutions) - this resolution, sponsored by the New York and Massachusetts Chapters, has already been officially approved by NYACP's Executive Committee and Council Board
- Resolution 13-F20 (Updating ACP Policy to Define Ownership of Patient Medical Records) - sponsor accepted this resolution as an affirmation of ACP policy
For more information about the resolutions process or to submit a new resolution for review and consideration, click here.
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Upcoming Webinars Hosted by the American College of Physicians
Foundations of Team-Based Care
Tuesday, August 11, 2020, at 3:00 p.m. ET
Janaki Deepak, MBBS, FACP, and Mangla Gulati, MD, FACP, help international and foreign medical graduates navigate the structure of U.S. hospitals and medical teams in this free 1-hour webinar. Explore the roles and functions of different members of the medical team and how they come together to care for patients. Register
Navigating the 2021 Internal Medicine Match during the Time of COVID-19
Wednesday, August 12, 2020, at 7:00 p.m. ET
The COVID-19 pandemic has drastically disrupted the residency application and Match process, leaving students applying in the 2021 cycle with many questions about how to optimally navigate this already anxiety-provoking critical step in their medical career.
Sponsored by the ACP Council of Student Members and presented in conjunction with the Alliance for Academic Internal Medicine (AAIM), this webinar will feature experienced medical student educators and residency program directors from different types of training programs. Panelists will address the likely impact of pandemic-related changes on the residency application and Match process and provide the best available advice for students applying in internal medicine. Register
Achieving FACP through the ACP Guided Fellowship Program
Tuesday, August 25, 2020, at 3:00 p.m. ET
Achieving the FACP credential is a significant milestone for post-training physicians—one that shows leadership and commitment to excellence in the practice of medicine. In this one-hour webinar, Saba A. Hasan, MD, FACP, member of the ACP Credentials Committee, will provide an overview of ACP's Guided Fellowship Program. Open to members who finished residency in June 2020, this program provides a framework toward meeting professional development goals, along with guidance and mentorship, in order to obtain the FACP credential over three years. Register
Communication Skills for Effective Presentations
Wednesday, September 2, 2020, at 9:00 a.m. ET
Developed especially for ACP’s international and IMG members, this one-hour webinar will explore best practices for presenting information effectively to a variety of audiences. Speaker George M. Abraham, MD, MPH, FACP, FIDSA, ACP President-elect, will review the delivery skills needed to make presentations more informative, engaging, and successful for both face-to-face and virtual formats. CME will be available. Register
NYACP 2020 "LIVE" VIRTUAL SCIENTIFIC MEETING
Virtual presentations in real-time - coupled with recorded breakout sessions to view at your convenience!
Friday, October 9, 2020
8:00 am - 1:00 pm
We've gone virtual and are connecting with members across New York more than ever! Join us as we shape the future practice of internal medicine together and improve the lives and health of our patients and of all New Yorkers!
The conference is a hybrid of live (in real-time) and online recorded breakout sessions. Information about NYACP’s Annual Meeting can be found here:
NYACP Annual Meeting
Register for all sessions at one low price of $50 and earn up to 12 CME credits and 12 MOC points for this program which you can enjoy online from the comfort of your home or office!
NYACP VIRTUAL BUSINESS MEETING &
Thursday, October 8 at 6 pm
- Dr. Carney will welcome attendees and conduct NYACP Business Meeting
- Laureate Awards Presented
- Poster Winners Announced
- Congratulate Colleagues Through Zoomchats!
ABIM MOC Courses
Saturday, October 24, 2020
(virtual in real time)
8:30 - 10:30 am • 2020-21 Update in Internal Medicine
11:00 - 1:00 pm • 2020-21 Update in Hospital Medicine
Earn up to 20 CME credits and 20 MOC points!
Information and Registration Details: ABIM MOC Courses