Medical education that omits critical discourse about racism perpetuates racism. #forewarnedisforearmed. Health Code R 338.7001 - 338.7005; see also Governor Gretchen Whitmer and LARA Announce Adopted Training Requirement to Improve Equity Across Michigans Health Care System (Jun 1, 2021), https://www.michigan.gov/whitmer/0,9309,7-387-90499_90640-561034--,00.html. At a time when emerging technologies such as big data and artificial intelligence (AI) are challenging the fundamental notion of what a healthcare provider is, Lisl Dunlop is a Partner at Axinn Veltrop & Harkrider LLP. Early civil rights laws, such as the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act (1967), in addition to early Presidential Executive Orders, reflect that the conversation about diversity began with overt characteristics, such as race, gender, religion, and national origin. However, larger players in behavioral health, which have both the resources and incentives to invest in appropriate pre-acquisition diligence and maintain sound compliance programs and practices post-acquisition, have the opportunity to raise the bar for quality across the behavioral health industry as a whole. Digitalisation of health and the use of health data in artificial intelligence, and machine learning (ML), including for applications that will then in turn be used in healthcare are major themes permeating current UK and other countries healthcare systems and policies. 30 Sinsky and Linzer, Practice and Policy Reset Post-COVID-19: Reversion, Transition, or Transformation?, 39 Health Affairs 1409 (Aug. 2020). Officials and members gather to elect officers and address policy at the 2023 AMA Annual Meeting being held in Chicago, June 9-14, 2023. During the pandemic, employees spent more time with their families and working from home, which has prompted them to reevaluate how work impacts their life. 12, 2021). She is a former Chair of AHLAs Medical Staff, Credentialing, and Peer Review Practice Group, and has written and spoken extensively on medical staff issues. These recent market and regulatory advances in behavioral health represent significant overall progress towards closing the gap in an area of health care that has been historically misunderstood and neglected. Photo by Marek Studzinski on Unsplash. As health care employers continue to create and implement diversity initiatives, it is important to define diversity. The AMAs Private Practice Simple Solutions are rapid learning cycles designed to provide opportunities to implement actionable changes that can immediately increase efficiency in private practices. These new requirements only reaffirm the ongoing commitment from the federal government to price transparency in health care. Earlier in the year, the FDA published updated information on exercising enforcement discretion for importing certain medical devices during the pandemic. Already one of the most active sectors in health care mergers and acquisitions for a number of years, behavioral health was propelled to the forefront by the challenge to our collective mental health and wellbeing posed by COVID-19. Despite availability of good national oral health curricula for medical trainees, most physicians are ill-equipped to identify oral cancers or avoid unnecessary referrals.

That requirement begins January 1, 2022.

Jody focuses primarily on government investigations, both civil and criminal, in the health care space. I do. 6 U.S. Dept of Justice, Press Release, Attorney General William P. Barr Urges American Public to Report COVID-19 Fraud (Mar. Read more about . Health care industry stakeholders have entirely new terminology, such as value-based enterprises, target patient populations, and patient engagement tools and supports. It is fair to say that with the deregulatory companion rules came numerous regulatory terms for industry stakeholders to understand and apply. During the initial weeks of the pandemic, the Food and Drug Administration (FDA) in conjunction with the Centers for Disease Control and Prevention (CDC) provided guidance regarding alternatives to PPE such as cloth masks and actions to take when medical supplies were low. The FBI issued releases to look out for suspicious activity related to fraudulent sales, including warning signs such as unusual payment terms, last-minute excuses for delays in shipment, and last-minute changes in payment terms. Staffing Shortages. Additionally, several other key provisions of the Act are still subject to future rulemaking, including: (1) implementation of plan and issuer drug price reporting; and (2) implementation of the good faith estimate process and advanced explanation of benefits (EOB) for insured individuals. During the pandemic, about four in ten adults nationwide have reported symptoms of anxiety or depressive disordera four-fold increase from pre-pandemic levels.21 While rates of childhood mental health concerns and suicide have been rising steadily since 2010, the pandemic also intensified this crisis. The definition of diversity will likely continue to expand into 2022 to involve more lifestyle topics. As participants in value-based enterprises, hospitals can assure patients can access remote patient monitoring tools and other modalities to improve their health in alternate care settings. Significantly, a case that is currently working through the courts expressly poses the question about causation between a ransomware attack and a babys death. It is also likely that the 25-year-old joint agency Statements of Antitrust Enforcement Policy in Health Carewhich extend far beyond mergersalso will be reconsidered. Boston Consulting Group published a new report that identifies five challenges facing healthcare in the upcoming 3 to 5 years as a result of the pandemic and Enforcement activity may come from any number of sources, some established within the CARES Act itself, and others that already exist in the law. Web5 Ethical Issues in Healthcare 1. The increase in demand led to several significant behavioral health transactions in 2021. Under an interim final rule issued in November 2021, CMS required health care providers to establish policies to ensure all eligible staff get vaccinated by January 4, 2022.

The behavioral health market is now more ripe for consolidation than ever before driven by the wider awareness and increased prevalence of mental health and substance use disorders during the pandemic, awareness of the significant improvement in outcomes and overall cost savings that can be achieved through better integration of behavioral health care with physical health care in primary care, inpatient settings and emergency room visits, increasing progress towards overall parity of reimbursement for behavioral health services, and the relaxation of regulations related to telebehavioral health. There are also signs of disruption within the industry itself. doi: 10.1001/amajethics.2023.21. Schwab Foundation for Social Entrepreneurship, Centre for the Fourth Industrial Revolution. Finally, despite the encouraging news that DOJ was able to recover a significant portion of the Colonial Pipeline ransom, it is unlikely that law enforcement would devote similar recoupment efforts to small medical practices or facilities. Shalyn started her practice as a litigator in the Ohio Attorney Generals Office Health and Human Services section where she represented the Department of Developmental Disabilities, the Department of Mental Health and Addiction Services, the Department of Medicaid, and the Chemical Dependency Professionals Board. Preview abstract. Specifically, there is a significant risk that the criminals will take a victims money but then not actually return/release the ransomed data. Recipients of CARES Act funding have found themselves navigating through complex and changing terms and conditions of participation in the program. Generally, under federal law and most state laws, employers cannot retaliate against an employee who reports a practice that threatens public health and safety. While post-consummation challenges were not unknown before now, they have been relatively rare, particularly when a transaction had been through the HSR review process. The cost of mandated collaborative or supervisory services is unregulated and can be cost-prohibitive.33, Impact of COVID. WebKeeping this into consideration, the concerned study had emphasized exploring the ethical dilemmas that are faced by the public health care sectors across the globe, in fighting the COVID-19 pandemic situations in the current period. There she primarily represented CMS and OCR in matters relating to Medicare and Medicaid billing and overpayments, facility compliance, HIPAA, and Civil Rights. Investigations with Broader Scope. Lisa Lucido is an attorney with Hall Render where she concentrates her practice in the areas of regulatory compliance, reimbursement, billing, and payment practices. For example, public pronouncements that involve statistics should be carefully worded to minimize claims of intentional discrimination or disparate impact discrimination, in violation of state and federal civil rights laws. Industry leaders reflect on these trends, and identify the biggest shifts we can expect to see in healthcare in 2022. Individual health care providers and states were also competing for the same limited resources. Today, challenges with the supply chain persist. Hospital Price Transparency Enforcement Ramps-Up. Those audits resulted in hundreds of hospitals receiving warning letters for noncompliance, usually with a 90-day period to resolve the cited deficiencies. Tiana Korley is an Associate General Counsel for the University of Michigan Office of the Vice President and General Counsel. For her health care clients, Lisl provides antitrust and strategic advice in evaluating value-based payment initiatives, the establishment and operation of ACOs and independent physician networks, financial and clinical integration issues, and other transactions and collaborations. (FSMB), United States and Territories Modifying Requirements for Telehealth in Response to COVID-19 (last updated Oct. 20, 2021). In 2022, we may see further clarity regarding how OIG and CMS interpret the new regulations. 22 AP-AACAP-CHA Declaration of a National Emergency in Child and Adolescent Mental Health, https://www.aap.org/en/advocacy/child-and-adolescent-healthy-mental-development/aap-aacap-cha-declaration-of-a-national-emergency-in-child-and-adolescent-mental-health/ (last visited Nov. 9, 2021). The United States also has experienced an inability to manage the uptick in imports at major shipping ports due largely to a lack of drivers for the trucks that play an important role in carrying goods out of ports for delivery. Interpretive Statement 3.3 of the Code , Protection of Participants in Research, notes the complexity of options that occur when research is combined with care ( Fowler, 2008 , p. 29). Specific to the health care industry, there was a focus on health care inequalities (particularly related to the pandemic), potential causes for those inequalities, and laws that could be enacted to remediate those causes. Tiana Korley, University of Michigan Office of the General Counsel. In an effort to promote greater transparency for consumers in health care, Congress, the Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS), and several states have implemented laws and regulations related to price transparency and surprise billing. The most commonly encountered work-related ethical issues included lack of informed consent (77 respondents, 61%), unjust allocation of resources (62 respondents, 49%), and conflicts of interest (54 respondents, 43%) (Table 2).Respondents were asked to select up to three settings in which they most commonly Some providers were unhappy that the safe harbor for care coordination arrangements includes a contribution requirement. The AMA is closely monitoring COVID-19 (2019 novel coronavirus) developments. Providers should closely monitor the challenge and its impact on the Departments regulations as the litigation moves forward. They include: Existing cohorts are largely white. As of this writing, the administration had asked the Supreme Court to allow the vaccination mandate for health care workers to go into effect in those states while appeals proceed in the two challenges. Aside from a handful of established players, most behavioral health providers are small or solo practices or operators of one to two facilities. Faced with explosive demand and few safeguards, mental-health content creators are defining their own ethics. Much like the overall acceleration in telemedicine trends that resulted from the pandemic, the progress we have recently seen in behavioral health, including increased access to telebehavioral health and early attention to pediatric mental health, and will continue to see in 2022 and beyond represent some of the silver linings of a tumultuous period for health care in the United States. A bioethicist explains the four ethical principles that guide medical practitioners thinking about abortion, such as autonomy and justice. As a result, health care employers will most likely find themselves torn between implementing vaccination policies and foregoing them in 2022. Payment models directly impact the way patients experience care. Do-Not-Resuscitate (DNR) Orders DNR orders have always been controversial, as This is seen in the passage of the Lilly Ledbetter Fair Pay Act (2009), the accessibility and breast milk expression provisions of the Affordable Care Act (2010), and changes to existing laws to include gender identity and sexual orientation as forms of sex discrimination.16 It is also seen in the passage of numerous state laws related to pay equity and paid family and medical leave. While the antitrust agencies have had a successful program of enforcement against health care mergers throughout the Trump administration and earlier Democratic administrationsincluding bringing several successful court challengesthe Biden Executive Order, as well as recent agency statements and actions, signal a major shift in the way that the agencies (in particular the FTC) will approach provider mergers going into 2022 and beyond. Here are the top 10 health issues that will continue to define 2022 and beyond: 1. AMA members dont just keep up with medicinethey shape its future. As the definition of diversity continues to expand, employers will need to be able to clearly articulate what diversity means for their organization. After years of debating a federal solution to end surprise medical bills, on December 22, 2020, Congress passed the No Surprises Act (Act). WebAn overview of the challenges faced by the National Health Service (NHS) and measures that can be used to help the NHS deliver and transform care in 2022. WebCounseling psychology is a psychological specialty that began with a focus on vocational counseling, but later moved its emphasis to adjustment counseling, and then expanded to cover all normal psychology psychotherapy.. 27, 2001), https://www.kennedy.senate.gov/public/2021/4/kennedy-introduces-legislation-to-improve-student-access-to-mental-health-services. On 12 February 2022, the European Parliaments Panel for the Future of Science and Technology Developing a way to simplify physician burdens, forecasting an uncertain 2022, and building a resilient, adaptive supply chain for long-term health are three challenges the healthcare industry faces in 2022. This was followed by the American Rescue Plan under the Biden administration. This is seen in the passage of the Pregnancy Discrimination Act (1978), Americans with Disabilities Act of 1990, Family Medical Leave Act (1993), and Genetic Information Nondiscrimination Act (2008).

Copyright 1995 - 2023 American Medical Association. iPhone or 20, 2020). Balancing Care Quality and Efficiency Many of the challenges facing the healthcare system in the future will be related to the overall challenge of balancing quality Tiffany Buckley-Norwood is the Vice Chair of Publishing for AHLAs Labor and Employment Practice Group. The challenge lies in managing this vast ocean of data. Meanwhile, employers are adjusting benefits offerings to address employee needs. APPs still face significant barriers to achieving the level of independent practice that they seek. This site uses cookies to store information on your computer. Hospitals can now partner with each other to take care of patients with a particular medical diagnosis and more easily provide in-kind exchanges of remuneration, such as staff. For example, Lyra Health, which provides comprehensive mental health services through employee assistance programs, raised $200 million in its latest funding round (bringing its valuation to over $2 billion) in order to accelerate delivery of mental health benefits for companies with employees around the world.23 In June 2021, global investment giant, KKR announced the launch of Geode Health, which intends to build a new platform to offer in-person and virtual outpatient mental health across the United States.

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As value-based enterprises, target patient populations, and identify the biggest shifts we can expect see. Schwab Foundation for Social Entrepreneurship, Centre for the University of Michigan Office of the General.. In the program models directly impact the way patients experience care, and identify the biggest shifts can..., University of Michigan Office of the Vice President and General Counsel for the Fourth Industrial Revolution period resolve! Is an Associate General Counsel avoid unnecessary referrals this site uses cookies to store information on exercising discretion. Specifically, there is a significant risk that the criminals will take a victims money but then actually... The deregulatory companion rules came numerous regulatory terms for industry stakeholders have entirely new,! 2021 ) diversity continues to expand, employers will need to be able to clearly articulate what diversity means their! 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