Wisconsin Supreme Court decision upholds checks against medical interference

The Wisconsin Supreme Court ruled Tuesday, May 2, that a Waukesha County Circuit Court judge erred when issuing a temporary injunction that would have forced a hospital to allow treatment it considered below the standard of care. The positive result, by an emphatic 6-1 margin, upheld a Wisconsin Court of Appeals reversal of the circuit court, and follows the Wisconsin Medical Society (WisMed) and the American Medical Association filing an amicus brief asking the Supreme Court to support the lower court’s reversal.

The case, Gahl v. Aurora Health Care, Inc., involved a patient hospitalized for COVID-19 and a family member demanding that ivermectin be used as treatment. Hospital physicians declined to do so. The circuit court in October 2021 ordered the hospital to provide ivermectin, later modifying the order to require Aurora to allow a non-privileged physician to be credentialed so that he could administer the drug. Before that could happen, the court of appeals quickly issued its reversal, ruling that there was no viable legal claim the family member could make that had a reasonable likelihood of success in court. “He has failed to identify any source of Wisconsin law that gives a patient or a patient’s agent the right to force a private health care provider to administer a particular treatment that the health care provider concludes is below the standard of care,” the court of appeals said in its opinion reversing the circuit court.

Writing for the supreme court’s majority, Justice Ann Walsh Bradley agreed with the court of appeal’s decision, concluding that “the circuit court erroneously exercised its discretion by issuing an injunction without referencing any basis demonstrating that Gahl had a reasonable probability of success on the merits of some type of legal claim. Accordingly, we affirm the decision of the court of appeals.”

The patient recovered from his illness and was discharged.

“We’re pleased with today’s decision,” WisMed President Don Lee, MD, said in a statement following the decision’s release. “The prospect of judges being able to order a physician or a clinic to provide substandard care to patients runs against everything physicians are trained to do.

“The 6-1 margin sends the signal that courts should leave important medical questions to those who are qualified to do so: physicians,” Dr. Lee said.

Contact WisMed Chief Policy and Advocacy Officer Mark Grapentine, JD for more information.

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Foundation scholarships support medical student diversity

The Wisconsin Medical Society Foundation is proud to offer a variety of scholarships to a diverse group of medical students in Wisconsin. Whether it’s for financial need, merit, leadership, volunteering or a combination, it’s an honor to encourage and assist students in achieving their medical degrees.

Edmund J. and Estelle Walker’s scholarship fund supports students such as Medical College of Wisconsin (MCW) student Ahmed Ibrahim. Ahmed shared his story in hopes of encouraging other students and to convey to donors the benefits of the contributions.

My story begins with my parents, who were born and raised in Sudan, a beautiful country with a rich history and culture unlike any other. Unfortunately, poverty, violence and a corrupt government led my parents to decide they wanted a better life for their future children, so they left everything behind. They spoke no English. They settled in the north side of Milwaukee where they worked tirelessly to provide for my three siblings and me.

Still, this city proved that it can be a very harsh place to raise a family, especially for lower and working-class households. Access to basic needs such as quality education, job opportunities and health care are almost scarce; growing up, I watched my peers and their families fall victim to the consequences of battling poverty – including hunger, houselessness and drug abuse. Many of those who are fortunate enough to beat the odds and make their way out of the city often never return, leaving impoverished communities to fight for their survival.

A big part of why I chose medicine was in hopes of practicing within Milwaukee and helping to heal this city; I want the people, especially those from marginalized backgrounds, to see me and feel valued, cared for and safe in my hands. I dream of practicing here in my hometown and serving as a beacon of hope for its people, reminding those from underrepresented groups that it’s possible to beat the odds and that we are more significant than any limitations others may put on us. I am especially thankful for the opportunity to be learning from and training amongst the very same community that has supported me all throughout my upbringing.

While I am still in the process of exploring the various specialties medicine has to offer, I’m currently very interested in the fields of Family Medicine and Psychiatry. I want to pursue primary care because I hope to develop long-lasting, meaningful relationships with patients and be able to continuously see and treat them over the course of their lives. Psychiatry is especially appealing to me because growing up in a first-generation Sudanese-American household, the topic of mental health was a very taboo subject; we were often taught to ignore, not address it, or simply ‘pray any negative thoughts away.’ I understand that mental health is often not discussed or taken as seriously in comparison to physical health, particularly amongst communities of color, so I want to help change that narrative. I plan on combining my knowledge of medicine, understanding of people and natural ability to connect with others to provide comprehensive care to those growing up in the inner city. It’s one thing to have a good physician, but having one that comes from a similar cultural and/or socioeconomic background allows for a better sense of trust and empathy within treatment.

In my first semester of medical school, I’ve taken on a few leadership and volunteer roles. I serve as the social chair for the Student National Medical Association, an organization committed to supporting underrepresented students within medicine (URM). In this role, I collaborate with the E-board to plan and organize programming meant to foster community and provide resources to URM. Examples of social events I’ve helped organize include a “Welcome to Med school” mixer, movie nights and group study sessions. I also serve as an M1 liaison on the community service committee of MCW’s chapter of White Coats 4 Black Lives. In this role, I’ve utilized my connections within the city and partnered with past teachers and principals to have us visit high schools and speak to students interested in health care. This has been a phenomenal way for me to give back to my community and help provide mentorship, insight and resources to the next generation of Black and brown doctors.

Additionally, I volunteer for the Saturday Clinic for the Uninsured (SCU) Telehealth Virtual Appointment program. I work with a physician who sees patients virtually and assist in organizing appointments, taking notes and facilitating follow-up with patients. I enjoy this position because I strongly believe in the mission of SCU and believe that access to care and treatment should be given to everyone and not just those who can afford it. Additionally, this role grants me the privilege of watching real-life patient interactions (even virtually), as well as developing my note-taking skills, which will surely come in handy all throughout my medical journey.

I’m hoping this scholarship can help alleviate some of the financial burdens that come with being a first-generation medical student, as I am currently paying for school and living completely off of federal loans with no outside resources or aid.

Add your support for medical students in Wisconsin by contributing to the Foundation’s scholarship fund. Contact Elizabeth Ringle for additional information.

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State Budget Committee approves long-term support for MCW behavioral health residency program

As part of its first week shaping the 2023-25 biennial state budget, the state legislature’s Joint Committee on Finance (JCF) unanimously acted to support and expand the Medical College of Wisconsin’s (MCW) psychiatry and behavioral health residency program. The Wisconsin Medical Society (WisMed) strongly supported the proposal, joining in a health care advocacy group coalition memo detailing the state’s dire need for additional mental health capacity.

The MCW initiative creates an annual appropriation of $3.5 million to support recruitment and training of psychiatry and behavioral health residents. Reflecting the long-term needs for such a program, the appropriation will continue beyond the 2023-25 budget, becoming part of future “base” budgets. As detailed in this budget paper, MCW currently supports 76 psychiatry residents, 12 psychology residents and four nurse practitioners in psychiatry. The new appropriation will be used to support current costs and selected increases. The proposal provided a rare moment of bipartisan support for a budget item, including laudatory comments from State Senators Mary Felzkowski (R-Irma), Joan Ballweg (R-Markesan) and Eric Wimberger (R-Green Bay) and State Assembly Representative Evan Goyke (D-Milwaukee).

The JCF will continue its work in crafting its version of the biennial budget, sending it to the two legislative houses later this month. The spending plan will then go to Governor Tony Evers for his signature and/or vetoes. Contact WisMed’s Mark Grapentine, JD for more information.

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Justice, Equity, Diversity and Inclusion committee seeks new members

A Justice, Equity, Diversity and Inclusion (JEDI) task force was formed in response to the recognition that systemic racism affects every aspect of our lives and of our patients’ lives and that racism is a health crisis in our state. The task force aimed to identify and address the effects of racism upon our members, our profession and our patients. The task force has since been expanded and solidified into a long-standing JEDI committee, jointly supported by the Wisconsin Medical Society (WisMed) and the Wisconsin Medical Society Foundation (Foundation).

The JEDI committee is seeking new members and invites justice-minded physicians, residents, students and other professionals to join us in making Wisconsin a more equitable place for all. The committee aims to expand the JEDI work continuously and permanently to achieve greater justice, equity, diversity and inclusion generally.

JEDI committee members will meet approximately four times per year. The committee will be led by two co-chairs and will also include the Executive Director of the Foundation, the CEO of WisMed and the Chair of the JEDI Taskforce as an Emeritus, non-voting member of the committee. Committee member responsibilities include conducting and analyzing surveys to identify disparities and areas for growth, organizing JEDI mentorship opportunities and providing policy insights to WisMed and health systems in Wisconsin to ensure justice and equity are prioritized.

If you are interested in serving on this important committee, please complete our short application.

For more information about the JEDI Committee, please contact membership@wismed.org or visit our website.

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Make a difference in the legislative process at Doctor Day – June 15

Learn how you can make a difference in the legislative process! Our annual Doctor Day is set for Thursday, June 15 at the Monona Terrace in Madison. Please click here to register today and view the schedule for this day of physician and medical student advocacy.

If this is your first Doctor Day, plan on attending the orientation at 8 a.m. The morning’s schedule also includes policy break-out sessions to discuss the issues of the day in detail, a fantastic keynote address from Wisconsin physician and AMA President-Elect, Jesse M. Ehrenfeld, MD, MPH, a state agency cabinet secretaries panel discussion on state policies and resources affecting physicians and health care and a briefing on the priority issues to prepare you for the legislative visits at the Capitol, which are scheduled for the afternoon.

The day includes breakfast, lunch and a happy hour and it’s all free thanks to our incredible sponsors!

Doctor Day is one of the largest and most unique advocacy events for physicians and medical students in the country. This event is an equal partnership of multi-specialty medical societies in Wisconsin partnering to advocate in person on behalf of medicine and patients. It is open to physicians, residents and medical students.

Register today! If you have any questions, contact Heidi Green.

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Get to know the WisMed Assure Team – Brian Fowler

WisMed Assure, the Wisconsin Medical Society’s insurance agency, provides a full range of personal and professional insurance to physicians, clinics and health care groups throughout Wisconsin. Brian Fowler is licensed in Property and Casualty and Life and Health and works on the professional and business insurance team, helping physicians and clinics with their medical professional liability, business owners’ coverage, cyber liability and more. 

What products and services do you/your WisMed Assure team provide? 

Professional liability, Business Owners Coverage, Cyber, Workers Compensation and Management Liability

Why is it important for physicians/groups to have this coverage or these services in place?  

It is important, and in some cases, legally required. We want to provide you with appropriate levels of coverage and protection so you can have peace of mind while taking care of your patients. We want to make this process easy and simple.

Who should reach out to your team for coverage (what stage of life, what age, etc.)?

All practicing medical professionals should reach out to us, whether you own your practice or not.

Tell us a little your background and why you do what you do? 

I’ve been with WisMed Assure since 2018. I have always worked in customer service in some aspect. That has carried over into my career as an agent heavily. I love making it easy. I want to help you obtain the right amount of coverage at the best price, as well as be there as a resource for any insurance related questions or concerns that may arise. We work with multiple carriers and have multiple options, depending on your practice. I also enjoy assisting practice managers and office staff who work closely with these medical professionals learn this industry.

What is different about WisMed Assure?   

WisMed Assure is the only Wisconsin based insurance firm exclusively servicing the health care community. We understand Wisconsin and the unique circumstances physicians are in while practicing here, and we are also able to help if your practice expands outside of Wisconsin. We are responsive, knowledgeable and dedicated to the mission of the Wisconsin Medical Society, which is to improve the health of the people of Wisconsin by supporting and strengthening physicians' ability to practice high-quality patient care in a changing environment.

What is your favorite client story? 

It’s hard to think of just one. I think what we do best is being there for our customers. There are dozens of examples where we were able to secure coverage at the final hour because of our knowledge of Wisconsin and the carriers that write coverage here. We understand the urgent needs within the medical community, and we are here as a resource daily.

To learn more about how WisMed Assure can help you, reach out to Brian Fowler at brian.fowler@wismedassure.org or 608.442.3718.

WisMed Assure offers Wisconsin Medical Society members discounts and exclusive access to insurance products including medical malpractice insurance, business owners’ insurance, WPS Medicare Supplement program, dental, health, disability and life insurance.

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CMS data center to be unavailable

The Centers for Medicare & Medicaid Services (CMS) will be migrating its data center this month. As a result, NGS, as well as all Medicare Administrative Contractors, will be unavailable for several days to accommodate the anticipated duration of this activity and to ensure the completion of weekly, monthly and quarterly processing and the migration of the data center.

During the migration, there will be limited access to information provided by the IVR system and to the self-service portal, NGSConnex. Health care professionals may experience limited or no access to claim status, eligibility, reopening/appeal status and financial claim information.

Dark Days

Medicare Part B

• The weekend of May 5, 2023 to May 8, 2023, starting on Friday Evening, May 5. Part B (MCS) Production Cutover.
• Monday, May 8, 2023 – MAC dark day to support the completion of the migration to new data center.

Medicare Part A

• The weekend of May 12, 2023 to May 15, 2023, starting on Friday Evening, May 12, 2023 Part A (FISS) Production Cutover. 
• Monday, May 15, 2023 – MAC dark day to support the completion of the migration to new data center.

Additional information can be found here. Health care professionals can register for NGS email updates to receive important information about the Medicare Program and upcoming training opportunities. Visit NGSMedicare.com to receive updated news, subscribe to CMS email updates.

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