Houston Town Hall Meeting

July 15, 2008

 

·      Increase time allowed for response to initial notice.  Provide more detail.

·      Why is the retention policy for medical records for minors 21 years? It is too long.

·      Can 180 day deadline be exceeded?

·      Conflicts of interest on the part of expert panel members. Issues with specialists being competitive. 

·      What are the consequences for conflict of interest on the part of board members?

·      Are there standards of decorum in ISCs for board members? There should be rules regarding this.

·      What happens if the patient’s complaint is false? What if the patient lies in the complaint?  Doesn’t anything happen to the patient.

·      Would the board be receptive to a change in law that created consequences for complainants who abuse the system?  There should be consequences for abuse of system.

·      Would it be reasonable for people to know who is involved in a complaint?

·      Is it true that anything you say in an ISC can be used against you?

·      Can the doctor see the report of the expert panel?

·      The ratio of complaints to doctors is 1:9.9 or 1:7.7 (FY 06 and FY 07). Does the board find a believable? Can TMB find out how many doctors were the subject of a complaint?

·      There has been a 32% increase in complaints.

·      Is a 2 to 3 year timeframe normal for a SOAH case? Do multiple offenders get extensions? (continuances) This really offends the public.

·      Why does the board not accept SOAH findings? There is an impression that the board takes a willy nilly approach to accepting SOAH findings.

·      Wish the board could apply its experience to determining what should be violations and what is important. There seems to be a gray line between what is a violation and what is not.

·      What is a doctor supposed to do when a patient files a false complaint?  It costs a lot of money to defend against a complaint.

·      The complaint form does not say anything about whether the patient is telling the truth.

·      Does the board have any role in a dispute between a doctor and an insurance company and a patient?

·      Will the board make the patient pay the doctor in a billing dispute?

·      If there is no doctor/patient relationship and the patient files a complaint, what does the board do?  Can the patient file a complaint about when there is no relationship?

·      Are Stark laws a medical issue or a criminal issue?

·      How is it that a pharmacist can have a doctor in a pharmacy, but a doctor can not have a pharmacy.

·      Ongoing problems with pharmacy benefit managers related to off-label use. What if the benefit managers say it is not covered, to get a different drug? They denied the care, do I have to take time to talk to them.  They threatened to file a complaint with board.

·      Can you sue a complainant who filed a false complaint?

·      Doctors feel really bad about the threats of malpractice and now the board is coming after them.

·      Why are the letters from the board so rude? We are nice civilized people why can we not have civil communication?  The letter states you have violated the medical practice act. Language could be improved to be less threatening.

·      Letters give the impression that TMB has already investigated the complaint and believes you are guilty.

·      To come to the board without an attorney is nuts.

·      How long is a physician given to sign a death certificate?  Is there additional time allowed for corrections?

·      As physicians we want you to be fair and strong. In the name of efficiency, don’t take away due process. Received administrative penalty related to filing of death certificate. Would not recommend that doctors go through the fast track system.  Don’t feel I was treated fairly. 

·      Where in the MPA does the legislature say the board shall accept anonymous complaints?  Who decided to accept complaints?

·      Has the issue of clarification regarding anonymous complaints come up before?

·      Is it in statute that the experts are confidential?

·      What is the reason that the board prohibits recording or taking notes in an ISC?

·      President of the board yelled at a patient when I was in an ISC.

·      Why did Keith Miller resign?

·      www.txppr.org

·      A friend was subject of a complaint and order. The complainant used the complaint to get a lawsuit reopened. Penalty included fine, cme, chaperone. Insurance company dropped him and he lost partnership option in group. Feel disillusioned.  He signed agreed order because he heard SOAH would take 2 years and the complaint to SOAH could be used in civil court – and the newsletter description could also be used.

·      Can we make the process more fair?

·      Do insurance companies have the same right to confidentiality as a patient in filing a complaint?

·      Does a doctor have to talk to a pharmacy benefit manager?

·      Appreciate the town hall meeting and the opportunity to hear both sides.

·      Communication via email might be better. Is there a way to opt into receiving notices regarding complaints by email?

·      How does the LIST system work?  Can a staff services representative access the system?

·      Physicians are very nice people with a calling to help people. What do we get in return? Would help to improve the language in communications.

·      When you say the time to issue a license is 40 days, what does that mean?  What are the steps in the process?