730-NAEMSP Medical Oversight Practical issues 2014 Annual Meeting Handouts...1/14/2014 1 EMS Medical...
Transcript of 730-NAEMSP Medical Oversight Practical issues 2014 Annual Meeting Handouts...1/14/2014 1 EMS Medical...
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EMS Medical OversightPractical Issues
The nuts and bolts (and screws)
Edward M. Racht, MDChief Medical Officer
AMR Medicine Evolution HealthClinical Associate Professor of Emergency Medicine
UT Southwestern School of Medicine
Thanks again to Tom Blackwell for his contributions
to EMS
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Practicality…
The How behind the What…
EMS v. 4.0______________
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The business of Medical OversightThe business of Medical Oversight
EMS is a practice of medicine …EMS is a practice of medicine …
The 9 areas of focusThe 9 areas of focus
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Establishment, implementation and maintenance of an expected
clinical standard of care
Establishment, implementation and maintenance of an expected
clinical standard of care
Oversight and delivery of training, education & professional
development
Oversight and delivery of training, education & professional
development
Performance / quality / outcomemeasurement & management
Performance / quality / outcomemeasurement & management
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Regulatory functionsRegulatory functions
Public education & integrationPublic education & integration
ResearchResearch
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Patient, provider and profession advocacy
Patient, provider and profession advocacy
Innovation and developmentInnovation and development
Practice managementPractice management
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Dissecting the business of EMS Medical Oversight (or any business, for that matter)
Dissecting the business of EMS Medical Oversight (or any business, for that matter)
• What am I expected to do?
• What do I have the authority to do?
• Who am I doing it for / with?
• How am I supported?
• How am I protected?
• What am I expected to do?
• What do I have the authority to do?
• Who am I doing it for / with?
• How am I supported?
• How am I protected?
…more specifically……more specifically…
Scope, authority & responsibility Reporting structure Compensation Support structure
– Human resources– Physical resources
Liability coverage Political climate
Scope, authority & responsibility Reporting structure Compensation Support structure
– Human resources– Physical resources
Liability coverage Political climate
Scope, authority & responsibility
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Scope, authority & responsibilityScope, authority & responsibility
• Job description
• Your role
• What the system, community, chief, etc expect from you
• The breadth and depth of your involvement
• Job description
• Your role
• What the system, community, chief, etc expect from you
• The breadth and depth of your involvement
Defining your job descriptionDefining your job description
• Be specific in potentially controversial areas
• Define reporting structure and expectations
• Review at least every year
• Be specific in potentially controversial areas
• Define reporting structure and expectations
• Review at least every year
Areas of focus(this will look familiar)Areas of focus(this will look familiar)
• Clinical practice• Education and professional
development• Performance / quality /
outcome management• Regulatory• Research• Public education • Advocacy• Innovation• MD Practice (OMD)
• Clinical practice• Education and professional
development• Performance / quality /
outcome management• Regulatory• Research• Public education • Advocacy• Innovation• MD Practice (OMD)
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Reporting structure
Reporting structureReporting structure
• Critical
• Political
• Defines authority in a practical way
• Defines allegiances
• The nature of the relationship is critical
• Critical
• Political
• Defines authority in a practical way
• Defines allegiances
• The nature of the relationship is critical
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Define the medical reporting & coordinating structure
Define the medical reporting & coordinating structure
Compensation(scary music)
EMS is a practice of medicine …EMS is a practice of medicine …
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It is appropriate to be fairly compensated for Medical Oversight services
It is appropriate to be fairly compensated for Medical Oversight services
Compensation
Difficult to talk about
No “fair market value”
“Low bid” issues No resources Potential loss of
liability protection
Difficult to talk about
No “fair market value”
“Low bid” issues No resources Potential loss of
liability protection
Compensation models
Dollar amount per every patient transport (can be billed)
Dollar amount per 911 activation (for example -$5.00)
Dollar amount per medic hour worked (“tax” on medic hours for medical oversight)
Fixed stipend Purchase hours at going ED hourly rate – define
EMS hours Buy time from current practice
Dollar amount per every patient transport (can be billed)
Dollar amount per 911 activation (for example -$5.00)
Dollar amount per medic hour worked (“tax” on medic hours for medical oversight)
Fixed stipend Purchase hours at going ED hourly rate – define
EMS hours Buy time from current practice
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Compensation models*Cautions*
Check impact on liability protection Clearly evaluate any conflicts of interest Beware of performance based contracts
linked to number of transports Be careful of compensation that can be
increased BY YOU for protocol changes Never take cash from unconscious
patients…
Check impact on liability protection Clearly evaluate any conflicts of interest Beware of performance based contracts
linked to number of transports Be careful of compensation that can be
increased BY YOU for protocol changes Never take cash from unconscious
patients…
Barter
Support resources
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Think about what you need to get the job done…Think about what you need to get the job done…
… and specifically what you need to respond and care for patients in the field… and specifically what you need to respond and care for patients in the field
Medical Director practice essentials(use what Medics have as a reference)
Personal protective equipment
Identification / Access – Branding
Radio Response vehicle
options Medical equipment***
Personal protective equipment
Identification / Access – Branding
Radio Response vehicle
options Medical equipment***
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Medical Director support
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A critical message about resources…
Walk the walk and play by the rules Walk the walk and play by the rules
Communication
Liability
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Medical Director Liability in EMSMedical Director Liability in EMS
• Medical malpractice– Personal care delivered– Care delivered under your
guidelines / protocols by others
• Inappropriate oversight– Protocols / guidelines / credentialing– Quality improvement issues
• Employment issues– Wrongful termination– Demotion– Restraint of trade– Harassment
• “Every day” liability with a physician twist
• Medical malpractice– Personal care delivered– Care delivered under your
guidelines / protocols by others
• Inappropriate oversight– Protocols / guidelines / credentialing– Quality improvement issues
• Employment issues– Wrongful termination– Demotion– Restraint of trade– Harassment
• “Every day” liability with a physician twist
Managing liabilityManaging liability
• Get appropriate coverage* and have it professionally reviewed
• Medical Directors should rarely be involved in the day to day employment issues of Providers (including hiring and firing)
• Communicate clearly, fairly and in writing on difficult issues
• Clearly define expectations of credentialing up front
• Get appropriate coverage* and have it professionally reviewed
• Medical Directors should rarely be involved in the day to day employment issues of Providers (including hiring and firing)
• Communicate clearly, fairly and in writing on difficult issues
• Clearly define expectations of credentialing up front
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System
Percent Refusals/ No Transports
Fort Wayne, IN 29%Fort Worth, TX 20%Kansas City, MO 22%Oklahoma City, OK 22%Pinellas County, FL 19%Reno, NV 24%Richmond, VA 23%Tulsa, OK 21%Clark County, WA 20%Davenport, IA 19%Little Rock, AR 15%Mecklenburg, NC 23%Monterey County, CA 29%Solano County, CA 25%
Mean 22%Median 22%
Responses Resulting in Refusals
Consider five deadly sins(Everyone knows up front and knows the consequences)
Consider five deadly sins(Everyone knows up front and knows the consequences)
• Intentionally harming a patient
• Intentionally withholding needed care from a patient
• Falsifying a medical record
• Providing care while impaired
• Failure to remediate
• Intentionally harming a patient
• Intentionally withholding needed care from a patient
• Falsifying a medical record
• Providing care while impaired
• Failure to remediate
Medical Director Liability OptionsMedical Director Liability Options
•EMS Medical Director’s Insurance
•EMS Assurance
•EMS Medical Director’s Insurance
•EMS Assurance
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The politics of EMS medicine
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Never, ever, ever, ever forget the importance of integrity and
transparency.
You are both a public official and a physician.
Never, ever, ever, ever forget the importance of integrity and
transparency.
You are both a public official and a physician.
What to do…
A To Do list……
Review any state law regarding Medical Direction of EMS in your State
Review your state licensure requirements specific to EMS
Review and enhance contract or agreement for what you do
Meet with THE person you report to and clearly define their expectations of you and medical oversight
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A To Do list…
Determine your resource needs and get them
Review your policy / procedure protocols for:
Decredentialing
Incident review
Refusals
Transport against patient will
Communicate regularly – figure out how
Asinanypracticeofmedicine,goodbusinesshelpsdelivergoodmedicine
Asinanypracticeofmedicine,goodbusinesshelpsdelivergoodmedicine
EMS is no different…EMS is no different…
EMS is a practice of medicine …EMS is a practice of medicine …
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Thanks for the privilege today…Thanks for the privilege today…