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CON: Exclusive Contracts Should Not Include Pain Medicine

Lawrence S. Gorfine, M.D.
Committee on Pain Medicine


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Exclusive hospital contracts should not include pain medicine/management as the sole domain of hospital-based anesthesiologists. It is illogical and presumptuous that anesthesiologists are the only practitioners of this branch of medicine and entitled to an exclusive contract. Pain management is a complex multispecialty and multidimensional study and practice of medicine. It encompasses the anatomic, physiologic and psychological study of pain. The treatment of this complex mix of multisystem components often requires more than one medical and psychological specialty. Frequently, physical rehabilitation of some type also is needed. Many of these areas of treatment are not usually part of the expertise of the pain medicine anesthesiologist. To exclude other anesthesiologist and nonanesthesiologist pain practitioners from the hospital denies patients of that community access to a potential mix of physicians with different experiences and treatment skills.

Anesthesiologists have had a leadership role in the development of pain medicine as a subspecialty. We should continue in that leadership role by trying to offer options and choices to our hospitals and communities. Closing a hospital or medical staff to pain physicians other than those in the contracted anesthesiology group limits choice and options. It does not promote the growth of new ideas in pain medicine, and it does not promote the growth of new treatment modalities or the general promulgation of pain medicine as a specialty. We need to encourage the growth of different perspectives and facilitate the availability of physicians with different treatment skills and experiences. Our reputation as leaders in this field will be lost if we continue to request exclusivity. We will, instead, be viewed as protectionists who are not interested in the growth of knowledge and the advancement of patient care.

The practice of anesthesiology is very different than the practice of pain medicine/management. Though many hospitals and their operating rooms function more efficiently with a single anesthesia group, no such increased efficiency occurs as a result of having an exclusive contract in pain medicine. Pain medicine better resembles a surgical subspecialty than it resembles the practice of anesthesiology. Pain medicine procedures are often scheduled in an operating room or special procedure suite similar to the scheduling process utilized by surgery and endoscopy. In fact, pain medicine physicians often perform surgical procedures such as pump and stimulator implants requiring anesthesia. After these procedures, patients are followed up with in an office or outpatient clinic. Some of these patients need long-term care and medication treatment. These types of procedures are not hospital-based and work better in an office or clinic setting. There is, then, no increased efficiency or other benefit if the pain physician is a member of a hospital-based anesthesia group.

Where the practice of pain medicine is more like a surgical subspecialty practice, an exclusive contract serves to merely block competition. This inevitably leads to less availability of treatment options and services. Typically, each physician group or single practicing physician has an area of major interest. Some pain physicians prefer treating cancer pain; others treat back pain or acute postoperative pain. Physicians develop more expertise and skill in their specific areas of interest. These skills are noted and appreciated by other physicians in the community, and patients requiring these skills are naturally directed to these specialist doctors. Other areas of pain medicine are, then, underserved if other physicians or groups are not present. Patients requiring medication for neuropathic pain, weaning and narcotic detoxification, for example, may not have a physician with interest and expertise available to help.

Although competition is eliminated by an exclusive contract, it does not necessarily benefit the hospital-based anesthesia group. If more physicians are available, more services are offered. The availability of more pain medicine-trained physicians leads to a greater awareness of the benefits pain medicine has to offer and, as a result, increases the utilization of these services. Instead of decreasing the amount of work performed by the pain medicine physician in the anesthesiology group, there is often a greater request for pain medicine services in general by the physicians and members of the community. The hospitals and often the anesthesia groups in the hospitals increase the volume of work relating to pain medicine. The hospital-based anesthesia group with an exclusive contract in anesthesiology has nothing to fear by opening the staff to trained pain physicians. The increase in services offered, increase in awareness of the community and increased options for the patients ultimately benefit even the hospital-based anesthesia group.

Physicians who are fellowship-trained in pain medicine and who have no desire to join an anesthesia group to provide anesthesia services should be allowed to work. Many of the fellowship-trained anesthesiology pain physicians want only to practice pain medicine. Unfortunately, if they are not on the medical staff of a hospital, they are not able to work in most areas. In some states, the law requires that a physician have hospital or surgical center privileges for the procedures performed in an office. Some states require emergency transfer agreements to hospitals if procedures are performed in an office setting. Peer review and quality assurance can only be performed effectively if the physician is on a hospital or surgical center staff. Most medical insurance companies require a physician to have hospital privileges before a contract is written to care for the patients covered under the plan. Therefore, hospital medical staff privileges are needed to practice medicine today. Exclusive contracts do not allow trained pain physicians to obtain these necessary hospital privileges. In many cases, pain physicians are forced to join an anesthesia group and work only part-time in pain or not work at all. This creates an unjust environment for pain medicine physicians, which does not exist in other medical specialties. This unfair treatment of our fellowship-trained pain medicine anesthesiologists must be changed. Our pain medicine physicians must be allowed the opportunity to open a medical practice in the area of their choice without being unfairly blocked by established anesthesiologists.

Restricting pain medicine physicians from a community serves no benefit to that community, the hospital or the anesthesia group. Exclusive contracts for pain medicine serve to restrict pain medicine physicians from practicing in their chosen field of medicine. It further creates division and hostility between pain anesthesiologists and hospital-based anesthesiologists. This hostility often extends to encompass all anesthesiologists, who are then perceived by pain medicine physicians as unfriendly and protectionists. This division in our specialty and this unjust environment have pushed pain medicine anesthesiologists to join organizations other than ASA for support and representation.

Exclusive contracts for pain medicine are wrong, unjust and divisive. It must be changed on moral and ethical grounds. It must be changed to allow diversity in treatment options and for improved quality of care. Reasonable anesthesiologists must speak out against this unjust treatment of a segment of our specialty. We can expect pain medicine anesthesiologists to return to ASA only if we demonstrate a real commitment to rectify these injustices and show a true appreciation of the difficulties exclusive contracts have caused.


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Lawrence S. Gorfine, M.D., is Medical Director, Southern Pain Institute, Lake Worth, Florida.






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ASA Contents




FEATURES

Writing the Next Chapter in Pain Medicine

Evolution of Pain Medicine Training in the United States


ASA Statement to FDA Committee


Phantom Limb and Causalgia Pain in the Three Great Wars


PRO: Anesthesiology Group Practice Versus Independent Pain Practitioners: Exclusive Contracts Should Include Pain Medicine


CON: Exclusive Contracts Should Not Include Pain Medicine




ARTICLES


Board of Directors Annual Meeting Summary


New AMA Council Member Beefs Up Anesthesiology's Influence


All in the Family for 31 Years: ASA Executive Director Glenn W. Johnson to Retire
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