Board Meeting Minutes

American Academy of Emergency Medicine
Minutes of Board of Directors Conference Call
November 17, 2003

IN ATTENDANCE: Joseph Wood, MD, JD; Robert McNamara, MD; A. Antoine Kazzi, MD; Tom Scaletta, MD; William Durkin, Jr., MD; James Li, MD; Geoffrey Mitchell, MD; Raymond Roberge, MD; Kevin Rodgers, MD; Ghazala Sharieff, MD; Larry Weiss, MD; Jesse Pines, MD. Absent: Carol Barsky, MD; Howard Blumstein, MD. Staff: Kay Whalen and Beth Wilson.

Dr. Wood welcomed everyone to the call and turned the Board's attention to the first agenda item.

Approval of September 13, 2003 Board of Directors Meeting Minutes

Dr. Roberge noted that the Canadian equivalent of ABEM/AOBEM was the Royal College of Physicians and Surgeons. With that correction, Dr. Scaletta moved and Dr. Durkin seconded that the September 13, 2003 Board of Directors minutes be approved. MOTION PASSED UNANIMOUSLY.

President's Report

Dr. Wood reported that he had recently traveled to California to meet with the attorneys that represented the AAEM members who had recently filed suit against Team Health. Dr. Wood stated that he and the attorney, David Millstein, felt the physicians had a solid case. In fact, in the initial pleadings, Team Health had said that they "owned" the practice. If AAEM were to also sue Team Health with David Millstein as our attorney, the incremental cost of our action would be approximately 10% of the overall estimated legal fees or $80,000.

After much discussion, Dr. Li moved and Dr. Kazzi seconded that AAEM enter into a contract with David Millstein to serve as our attorney, and to authorize him to file suit against Team Health. MOTON PASSED UNANIMOUSLY.

Next, Dr. Scaletta moved and Dr. Roberge seconded that no settlement can be reached in AAEM's lawsuit against Team Health unless this settlement is ratified by the AAEM Board of Directors. MOTION PASSED UNANIMOUSLY. Dr. Wood will continue to serve as the AAEM point person in this regard.

The Board then discussed the letter that AAEM had received from Brian Hancock, MD, ACEP president, asking AAEM to retract an AAEM communication authored by Dr. McNamara. Since the points that ACEP has asked AAEM to retract are, in fact, true, we will instead send a letter in response outlining the facts that are in dispute.

Treasurer's Report

Dr. Scaletta reported that AAEM continues to be in solid financial health and that we anticipate a significant net income from the meeting in Sitges. Dr. Roberge moved and Dr. Li seconded that the Treasurer's Report be approved. MOTION PASSED UNANIMOUSLY.

Membership Report

Ms. Whalen reported that it was early in the 2004 membership year, but AAEM's current full voting membership category is 250% ahead of last year's pace.

At this point, Dr. Mitchell joined the call.

Oral Board Examiner Criteria

Dr. Sharieff reported that she had served as the chair of an ad hoc committee that investigated an oral board examiner's complaint that he was not allowed to serve as an examiner at future courses. After reviewing the evaluations of this examiner, the ad hoc committee recommends that the member in question not be allowed to serve as an examiner in the future. Dr. Scaletta moved and Dr. Mitchell seconded that the Board approve the work product of the ad hoc committee assigned to investigate the complaint by an oral board examiner. MOTION PASSED UNANIMOUSLY WITH DR. RODGERS ABSTAINING.

Dr. Sharieff agreed to communicate the Board's decision to the AAEM member. At this point, Dr. Sharieff left the call.

Mitchell Lawsuit

Next, Dr. Wood reminded the Board that AAEM has agreed to have David Millstein file an amicus brief on our behalf to support Dr. Mitchell's lawsuit against Team Health. Dr. Wood stated that this is a clear case of retaliation against a whistleblower.

ACEP IOM Funding Request

Dr. Wood then directed the Board's attention to the request from ACEP for our help in funding the dissemination of the IOM report entitled, "The Future of Emergency Care in the United States Health Care System." After discussion, Dr. Li moved and Dr. Mitchell seconded that AAEM respond to ACEP that while we agree this is an important document, we would like to explore other options and means of contributing to its dissemination. MOTION PASSED UANIMOUSLY.

Proposed Bylaws Change

The Board then discussed the possibility of AAEM establishing a Past Presidents Council. Dr. Scaletta moved and Dr. Li seconded that the AAEM bylaws be amended to include the following:

8.15 Past Presidents Council Representative

This Council shall consist of all past presidents of AAEM. The Council will meet immediately following an AAEM Officers election to elect one of its members to become a voting participant on the AAEM Executive Committee and Board.

8.1 Authority

The Officers of AAEM will consist of a President, Immediate Past President, Vice-President, Secretary-Treasurer and Past Presidents Council Representative. These Officers are responsible for the day to day operations of the AAEM. Directors are responsible for the direction of AAEM and long-term planning. Any tie vote of the Executive Committee may be decided by the President.

8.2 Composition

The voting members of the Board shall consist of the President, Immediate Past President, Vice-President, Secretary-Treasurer, the Past Presidents Council Representative, the Resident Representative and the Directors. There shall be no more than nine (9) Directors. Additional Directors may be added by a two-thirds majority of the Board.

INLUDING DR. BLUMSTEIN'S VOTE, MOTION PASSED 9-2 WITH DR. MCNAMARA ABSTAINING.

AAEM Board and Officer Eligibility

Dr. Pines then explained that there is a time period between the completion of a residency and the time when a physician becomes board certified that he or she cannot serve in a leadership position. He asked the Board to consider allowing these individuals to serve on the Board. Since this would require a bylaws change, Dr. Wood asked staff to prepare the appropriate wording. Dr. Rodgers volunteered to work with staff on the language.

CMS Opinion on Down Coding

Dr. Sierzenski had requested that AAEM approach CMS to determine if failure to bill for services is considered down coding. The Board agreed that, if Dr. Sierzenski was willing to draft the question and follow the appropriate mechanism to submit it, they would support his request.

Conflict of Interest Discussion

n the interest of time, Ms. Whalen was asked to prepare a draft Conflict of Interest Policy for review at the next Board meeting.

AAEM Communications Policy

Dr. Wood noted that, while the AAEM president is the official spokesperson of the organization, individual members are allowed to express their personal views in a public forum.

JAM Sessions

Dr. Lex, AAEM's Education Committee Chair, had submitted a request to continue the AAEM JAM Sessions. Due to the success of the year's sessions, Dr. McNamara moved and Dr. Mitchell seconded that the AAEM JAM Sessions continue in 2004. MOTION PASSED UNANIMOUSLY.

New Business

Dr. Kazzi asked that staff review the bylaws to determine if the AAEM lifetime membership category requires a member to maintain their board certification.

There being no further business, Dr. McNamara moved and Dr. Scaletta seconded that the conference call meeting be adjourned. MOTION PASSED UNANIMOUSLY.

Respectfully submitted,

Kay Whalen
Executive Director