
Message
from the President
Raul A. Monzon, MD, FAPM President
As we enter the new fiscal year 2011, there is still much work to be accomplished in the field of medicine. The Academy will need to remain diligent in our efforts to protect our member’s ability to practice pain medicine without further restrictions imposed by various governmental agencies. We must have the freedom to treat our patients in a professional manner based on our medical training. FAPM continues to monitor all the legislative issues confronting the practice of pain medicine, and will strive to keep our membership informed of progress.
Included in this newsletter is information regarding Legislative Ratification of Rules, Pain Management Clinic Registration Requirements and the Medicare and Medicaid Extenders Acts of 2010.
Our annual FAPM Conference will be held August
19-21, 2011, at the Breakers Hotel in
The new fiscal year brings us a new dues billing cycle for 2011. Member’s dues are vital to FAPM providing the benefits you have become accustomed to. (A list of benefits is listed on this website). However, with the many issues facing our medical practices, your FAPM dues are more important than ever before. Please take time to pay them now in whatever way works best for you.
Finally, we have had to greatly increase our legal fees budget this year. Our legal counsel has represented us at numerous state board meetings and legislative sessions. It has been extremely important for FAPM to have legal representation at these meetings, along with Board and Staff members to show our interest in issues affecting the practice of pain medicine. Therefore, we ask for each member to make a contribution to the FAPM Legal Defense Fund when you pay your 2011 dues.

Legislative Ratification of Rules
MEMORANDUM
TO: Agency Heads and General
Counsels
FROM: Scott Boyd, Executive Director & General Counsel
DATE: November 17, 2010
SUBJECT: CS/CS1HB 1565 (2010-279, L.O.F.)
—
Legislative Ratification of Rules
The Florida Legislature, during the special session of November 16,
2010, voted to override the Governor’s veto of HB
1565.
The bill substantially amends the
rulemaking procedures of ss. 120.54 and 120.541, F.S., with respect to
agencies’ preparation of a statement of estimated regulatory costs fbr
proposed rules and requires legislative ratification of certain rules.
By joint resolution, the Legislature voted to make HB 1565 effective on
November 17, 2010.
The new legislation provides that if a proposed rule will have an adverse impact on small business, or if the proposed rule is likely to directly or indirectly ipcrease regulatory costs in excess of $200,000 within one year after implementation of the rule, the agency shall prepare a statement of estimated regulatory costs. See 120.54(3)(b)1.; 120.541(1)(b).
A statement of estimated regulatory costs shall include an economic analysis showing whether the rule directly or indirectly is likely to have an adverse impact on economic growth, private- sector job creation or employment, or private-sector investment in excess of$ 1 million within five years after implementation; have an adverse impact on business competitiveness in excess of $1 million within five years after implementation; or increase regulatory costs in excess of$ 1 million within five years after implementation. See 120.541(2)(a).
Section 120.541(3) provides that if the adverse impact or regulatory costs of a rule exceed any of the criteria established in s. 120.541 (2)(a), the rule shall not take effect until it has been ratified by the Legislature in the next regular legislative session.
Proposed agency rules that have not been filed for adoption, and proposed rules that have been filed for adoption but are not yet effective, as well as proposed niles noticed on or after the effective date of 2010-279, L.O.F., appear to be subject to the new legislation. See Florida Public Service Commission v. Florida Waterworks Association, 731 So. 2d 836 (Fla. 1st DCA
1999); Life Care Centers of
America, Inc. v. Sawgrass Care Center. Inc.. 683 So: 2d 609 (Fla.
1st DCA 1996).
Please review your agency’s proposed rules as described above and advise
the Committee and the Department of State whether or not the rules
require legislative ratification pursuant to s. 120.541(3). Also,
please be aware that a proposed rule may now require the preparation of
a statement of estimated regulatory costs to meet the requirements of
ss. 1 20.54(3)(b) 1. and 120.541(1 )(b). The statement must be
provided to the Committee at least 21 days before filing the rule for
adoption. See 120.54(3)(a)4. An existing statement of estimated
regulatory costs that isrevised to meet the requirements of ss.
120.54(3)(b)1. and 120.541(1)(b) must be provided to the Committee at
least 45 days before filing the rule for adoption. See
120.541(l)(d).
For your convenience, we have attached a copy of chapter 120 prepared by
the Committee staff that includes the new provisions of 2010-279, L.O.F.
Please note that this document is not the official version of the
Florida Statutes prepared by the Division of Statutory Revision and may
contain inadvertent errors.
Please do not hesitate to contact our office if you have questions
regarding the requirements of
2010-279, LO.F.
Scott Boyd, Executive Director & General Counsel
Notice of change concerning rule 64B-7.001 Pain-Management Clinic Registration Requirements
Jeffrey A. Zipper, MD
Susan Franz
Medical Economics Specialist
Office: (850) 224-6496
Fax: (850) 222-8827
| Electronic health records incentives registration starts Jan. 3, 2011 |
More Info
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| CMS, ONC Outline Resources to Assist Eligible Providers | |
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The Centers for Medicare and Medicaid Services (CMS)
and the Office of the National Coordinator (ONC)
have announced that registration for the Medicare
electronic health record (EHR) incentive program
will open Monday, January 3, 2011.
All eligible professionals are required to register
in order to participate in the Medicare and Medicaid
EHR incentive programs. To prepare for
registration, physicians should familiarize
themselves with the incentive programs’ requirements
by visiting CMS'
official site for the Medicare and Medicaid EHR
Incentive Programs. This site provides general
and detailed information on the programs, including
tabs on the path to payment, eligibility, meaningful
use, certified EHR technology, and frequently asked
questions.
Under the Health Information Technology for Economic
and Clinical Health Act (HITECH), part of the
American Recovery and Reinvestment Act of 2009
(ARRA), Medicare and Medicaid incentive payments
will be available to eligible professionals when
they adopt certified EHR technology and successfully
demonstrate “meaningful use” of the technology in
ways that improve quality, safety, and effectiveness
of patient-centered care. Physicians who meet the
eligibility requirements for both the Medicare and
Medicaid EHR incentive programs must select which
program they wish to participate in when they
register. Physicians cannot participate in both
programs; however, after receiving payment, they may
change their program selection once before 2015.
Under the EHR incentive programs, eligible
professionals can receive as much as $44,000 over a
five-year period through Medicare. For Medicaid,
eligible professionals can receive as much as
$63,750 over six years.
CMS and ONC also announced that on January 3
registration for the Medicaid EHR Incentive Program
will be available in Alaska, Iowa, Kentucky,
Louisiana, Oklahoma, Michigan, Mississippi, North
Carolina, South Carolina, Tennessee, and Texas. In
February, registration for the Medicaid EHR
Incentive Program will open in California, Missouri,
and North Dakota. Other states likely will launch
their Medicaid EHR Incentive Programs during the
spring and summer of 2011. The AOA will provide
information on additional state programs as it
becomes available. Physicians who choose to
participate in the Medicaid incentive program must
initiate registration at CMS’ registration site and
they must complete eligibility verification with
their state Medicaid agency. Physicians
participating in the Medicaid incentive program are
encouraged to contact their state Medicaid agency
for additional details on registration.
The following are a list of key dates provided by
CMS and ONC:
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Department Inspections Continue and Change in Effective Date for MD Rule
On Standards of Practice for MDs Practicing In Pain Management Clinics
Dear Pain Management Clinic Designated
Physician
SUBJECT: Department Inspections
Continue and Change in Effective Date for MD Rule
On Standards of Practice for MDs Practicing In Pain Management Clinics
The recent Special Legislative Session voted into law HB 1565, an act
regarding rulemaking. HB 1565 will impact the implementation of proposed
Rules 64B-9.0131 and 64B8-9.0132, Florida Administrative Code, the Board of
Medicine’s proposed rules on standards of practice for MD physicians
practicing in pain management clinics. The
Board of Osteopathic Medicine Rules
on standards of practice for DO
physicians practicing in pain management clinics, 64B15-14.0051
and 64B15-14.0052, Florida Administrative Code, are in effect now and are
not impacted by HB 1565.
The new pain clinic statutes went into effect on October 1, 2010 and are not
impacted by HB 1565. Department
inspections for compliance with the new pain clinic statutes began earlier
this month. All clinics will
be billed $1,500 at the time of
inspection.
Although rules are being considered to provide an option for pain
clinics to be accredited by board-approved national organizations in lieu of
the annual inspection, this option is not available now.
All pain
management clinics are subject to this annual Department inspection.
The Board of Medicine will have an opportunity to further discuss this
matter at the December 3-4, 2010 Board
of Medicine meeting.
Please visit our website to review:
a memo from Scott Boyd, Executive Director of the Joint Administrative
Procedures Committee, which explains the legislative ratification of rules;
the new Board of Osteopathic Medicine Rules and
the new pain clinic statutes:
http://www.doh.state.fl.us/mqa/medical/me_pain.html
Larry McPherson, Executive Director,
Board of Medicine
Anthony Jusevitch, Executive
Director, Board of Osteopathic Medicine