State Med Board part of abortion law clarification suit

The State of Wisconsin’s Medical Examining Board (MEB) is one of the parties filing an action in Dane County Circuit Court requesting a declaratory judgement that the state’s original abortion law is no longer valid. While the state’s original abortion law was first passed in 1849, subsequent actions by the state legislature created new abortion laws differing from the 19^th century version. The legal filing asks the court to declare that Wis. Stat. § 940.04 “has been superseded and cannot be enforced as applied to abortions.”

The crux of the argument behind the petition: when the state legislature passed new abortion laws after the U.S. Supreme Court rendered their Roe and Casey decisions (in 1973 and 1992, respectively), those enactments superseded any application of the 19^th century law, which includes a criminal penalty when an abortion is performed in all cases other than “to save the life of the mother.” These newer laws allowed physicians to provide post-conception abortions in certain circumstances without triggering a criminal penalty, such as an abortion provided before the point of viability, or post-viability abortions if necessary to “preserve the life or health of the woman” (Wis. Stat. § 940.15).

The MEB (an entity wholly separate from the Wisconsin Medical Society) is tasked with investigating Wisconsin-licensed physicians who are alleged to have violated any state law substantially related to the practice of medicine to determine if any potential administrative action should be taken on that license. The two sets of conflicting statutes prompted the petition’s plea for clarity: “Either it is lawful to provide a pre-viability abortion, or it is not,” the petition reads. “Either it is lawful to provide an abortion to preserve the mother’s health, or it is not. These are exactly the circumstances where courts hold that the older law may not be enforced – particularly when that law imposes criminal sanctions,” the petition says.

The 20-page filing can be found here. Wisconsin Attorney General Josh Kaul and Governor Tony Evers announced the suit on June 28. As of press time, no schedule has been set for hearing the petition; the issue will likely be litigated through the court system and end up before the Wisconsin Supreme Court.

Contact the Society’s Mark Grapentine, JD for more information or with any questions.

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Foundation fellowship looks at interplay between socioeconomic status and race on female oncologic outcomes in Milwaukee County

Guest article by Mira Patel, Medical College of Wisconsin MD Candidate, Class of 2024

With cancer rates on the rise, the need to understand racial and ethnic disparities and the consequences they have on oncologic outcomes is of great importance. Numerous studies have demonstrated the gap in holistic health care that exists for disadvantaged patient populations and the direct adverse effect it has on survival. I was given the opportunity to partake in the Wisconsin Medical Society Foundation Research Fellowship program alongside the Medical Student Summer Research Program with the Medical College of Wisconsin which allowed me, along with my mentor Hina Saeed, MD, to analyze geospatial regions according to zip code to determine which regions are high or low socioeconomic status (SES) and to observe if a patient who is a racial or ethnic minority and who comes from a low SES is implicated in worse cancer survival outcomes in comparison to similar racial and ethnic background patients coming from a high SES.

Our research analyzed a cohort of female patients who are either White, African American, Pacific Islander or Hispanic and who have either breast or gynecological cancers. Our results allowed us to observe the difference in survival that exists between minority and white populations, signifying the need for greater health equality.

This project amongst many done in the past demonstrates the need for adequate health care resources for racially disadvantaged patients in helping them survive cancer due to numerous underlying factors such as employment status, educational background, marital status and support system. This project was very valuable in allowing me to observe how one’s background can directly affect one’s survival when diagnosed with cancer. I hope to continue doing more research that further analyzes disproportionate outcomes which affect underserved populations and take the knowledge I have gained from this project and apply it to my future training and practice as a physician.

Learn more about Mira and Doctor Saeed’s research here. Please consider supporting important medical research of Wisconsin physicians and students through the Wisconsin Medical Society Foundation Fellowship Fund. For more information about this, or any Foundation program, please contact [email protected].

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What does the WISMedPAC Board do?

Your WISMedPAC Board is nominated every January and confirmed by the Wisconsin Medical Society's (Society) Board of Directors. WISMedPAC Board members serve for one year but can be renominated the following year. The board must have at least eight but no more than 16 members. This year's board has 11 members and per the bylaws includes Society CEO, Mike Flesher.

The WISMedPAC board meets quarterly via Zoom to discuss ways to engage physicians to become more politically active. This includes ideas and efforts to gain more financial participation in WISMedPAC and WISMedDIRECT. Each meeting includes a legislative update from Society Chief Policy and Advocacy Officer Mark Grapentine, JD, as well as discussion about upcoming events and fundraisers.

At the last board meeting, Cynthia Hart, MD, was nominated and approved to the WISMedPAC Board. Dr. Hart is a family physician from Ashland and has served on the Society's Board since 2014. Dr. Hart is a wonderful addition to the board. She is a long-standing participant in our political giving programs.

If you enjoy politics and want to be in the know about the Society's efforts at the Capitol, please consider nominating yourself or a fellow physician in January.

In the meantime, please consider contributing to WISMedPAC or WISMedDIRECT. If you have any questions, please call Heidi Green at 608.442.3720.

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State updates medical records copy fees

The state’s Department of Health Services (DHS) recently announced an update to what can be charged for providing copies of a patient’s health care records. DHS is required under state law to adjust fees each year based on changes to the Consumer Price Index.

The new schedule:

The new fees take effect July 1, 2022. Please note that different copy fees can sometimes apply depending on the patient (such as Medical Assistance patients) or if copies are requested to help determine eligibility for federal benefits. Check the current state statutes for those special cases. 

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Behavioral Health Integration immersion program for physician practices

The BHI Immersion Program, a new, free initiative launching this fall, is designed to provide enhanced technical assistance to physician practices. The program was created in response to limited access to mental health care in a time of acute psychological distress and trauma to promote the integration of behavioral and mental health care into overall health care. The Behavioral Health Integration (BHI) Collaborative, a partnership between the American Medical Association (AMA) and seven other leading physician organizations, will help make behavioral health more accessible by providing support to physicians working to combine mental and physical health services in their medical practices.

Selected practices will participate in a 12-month curriculum (at no cost to them) designed and taught by industry experts on how to effectively implement BHI. Upon completion, practices will be able to:

• Identify the best approach for delivering integrated care (including telehealth) for their practice and patients
• Determine internal staffing needs (including preparation, training or qualifications) along with outside partnerships
• Design a workflow(s) with processes and protocols that works best for their practice
• Bill/receive payment to sustain delivery of integrated care services
• Establish short- and long-term goals of success, including measurable improvement targets and indicators

Learn more and apply to see if your practice qualifies. Application process closes Friday, August 5.

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Cyber incidents on the rise

As noted in the Winter 2022 Antidote article exploring cyber liability trends, cyber incidents are on the rise – ransomware especially. The Sophos State of Ransomware 2022 report found that:

• Ransomware hit 66% of mid-sized organizations surveyed last year, up from 37% in 2020.
• The average cost to an organization to rectify a ransomware attack in 2021 was $1.4 million.
• 97% of organizations that have cyber insurance have made changes to their cyber defense to improve their cyber insurance position.
• 98% that were hit by ransomware and had cyber insurance that covered ransomware said the policy paid out in the most significant attack.

For additional information regarding cyber liability insurance, contact Jim Davis, WisMed Assure Vice President, Medical Professional, at [email protected] or call 608.442.3728.

WisMed Assure is the Wisconsin Medical Society’s insurance agency – profits earned support the mission of the Medical Society.

Originally posted in The Antidote, May 12, 2022

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