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Intensive efforts to reduce waste in reform measures may bring more scrutiny to physicians' practices
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KOLOA, Hawaii — The best defense to litigation may be proactive action to avoid it in the first place.
 Alan E. Reider |
Speaking at Hawaiian Eye 2010, Alan E. Reider, JD, MPH, outlined ways that ophthalmologists can help safeguard themselves against potential litigation.
While not an absolute protection against a lawsuit, developing a compliance plan may unveil unknown areas of exposure. In addition, a compliance plan may soon be law, as the Senate's current proposal for health care reform includes language compelling doctors to undergo a compliance review if they wish to enroll in Medicare. Physicians may also want to review their relationships with pharmaceutical and device companies, as further reforms may mandate increased transparency.
"Be prepared to have any financial relationship made public as a result of the Physician Payment Sunshine provisions," Mr. Reider said.
Regulators are also increasingly scrutinizing physician practices to weed out excessive costs in the system that are manifest in fraud or corruption, Mr. Reider said. Tracking enforcement trends, purchasing fines and penalties insurance, and knowing where your practice trends stand in relation to your peers may, therefore, be wise, Mr. Reider said.
Lastly, and perhaps most importantly, physicians can protect themselves by always putting their patients' interests first.
"The strongest argument you can make in your defense is that your action was in the best interest of the patient," Mr. Reider said.
Hawaiian Eye and Retina 2011 will be held January 16-21, 2011 at the Hyatt Regency Maui Resort & Spa in Ka'anapali, Maui. Learn more at OSNHawaiianEye.com.