Legal & Policy Issues in Emergency Medicine

Larry Weiss, MD JD FAAEMLarry Weiss, MD JD MAAEM FAAEM
Cedric Dark, MD MPHCedric Dark, MD MPH

In this podcast series, Larry Weiss, MD JD FAAEM, Joseph Wood, MD JD MAAEM FAAEM, and Cedric Dark, MD MPH, discuss timely advocacy issues for the emergency physician. Drs. Weiss and Wood are practicing emergency physicians, attorneys, and past-presidents of AAEM. Dr. Dark is Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine and is the founder & executive editor of the Policy Prescriptions® blog. Join them each month as they discuss issues of importance to emergency physicians.

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 This is Our Lane

Episode 34 | Duration: 29:50 | File size: 18104KB | Posted: April 23, 2019

Spring 2019 - In this episode of the Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH FAAEM FACEP, Emergency Physician at Baylor College of Medicine, Megan Ranney, MD MPH, Associate Professor of Emergency Medicine at Brown University, Director of the Brown Emergency Digital Health Innovation Program, and Chief Research Officer of AFFIRM, the American Foundation for Firearm Injury Reduction in Medicine, and Kyle Fischer, MD MPH, Clinical Assistant Professor of Emergency Medicine and Fellowship Director in Health Policy and Leadership at the University of Maryland School of Medicine, discuss the This is Our Lane movement and the importance for gun violence research. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.

Resources:
https://www.healthaffairs.org/do/10.1377/hblog20190221.8649/full/
http://www.nejm.org/doi/10.1056/NEJMp1815462
https://affirmresearch.org


 Terminated: A Case Where the Emergency Physician Fought Back and Won

Episode 33 | Duration: 19:38 | File size: 12172KB | Posted: October 24, 2018

Summer 2018 - Larry Weiss, MD JD MAAEM FAAEM, a past president of AAEM speaks with Ben Fadler and Michael Ketchmark attorneys at Ketchmark and McCreight P.C. who recently represented an emergency physician in a lawsuit against EmCare. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.

Ketchmark & McCreight, PC Contact Information:
Mike Ketchmark: mike@ketchmclaw.com
Ben Fadler: bfadler@ketchmclaw.com
11161 Overbrook Road, Suite 210
Leawood, Kansas 66211
913-266-4500


 AAEM/RSA Congressional Elective

Episode 32 | Duration: 25:42 | File size: 15736KB | Posted: May 2, 2018

Spring 2018 - In this episode of the Policy Prescriptions® edition of the podcast, Cedric Dark, MD FAAEM FACEP, Emergency Physician at Baylor College of Medicine, speaks with Rachel Solnick, MD resident at the Yale emergency medicine program, about the AAEM/RSA Congressional Elective and other ways to get involved with Advocacy through AAEM and AAEM/RSA. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 What’s New With EMTALA Part 1

Episode 31 Part 1 | Duration: 21:37 | File size: 15941KB | Posted: March 29, 2018

Fall 2017 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, reviews EMTALA and goes over new EMTALA regulations. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 What’s New With EMTALA Part 2

Episode 31 Part 2 | Duration: 39:02 | File size: 27083KB | Posted: March 29, 2018

Winter 2018 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, reviews three federal EMTALA cases. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Free Standing Emergency Departments Part 2

Episode 30 Part 2 | Duration: 32:19 | File size: 21621KB | Posted: June 21, 2017

Summer 2017 - In this part 2 of the Policy Prescriptions edition of the podcast, Cedric Dark, MD FAAEM FACEP, Emergency Physician at Baylor College of Medicine, continues his discussion with Joe Ybarra, MD the Chair of AAEM's Free Standing Interest Group and Seth Trueger, MD an Emergency Physician at Northwestern, about the issues surrounding free standing emergency departments. Intro music by Kammerer, Take Left from the album Rhodes to Wisdom, powered by JAMENDO.


 Free Standing Emergency Departments Part 1

Episode 30 Part 1 | Duration: 35:33 | File size: 27738KB | Posted: June 20, 2017

Spring 2017 - In this part 1 of the Policy Prescriptions® edition of the podcast, Cedric Dark, MD FAAEM FACEP, Emergency Physician at Baylor College of Medicine, speaks with Joe Ybarra, MD the Chair of AAEM's Free Standing Interest Group and Seth Trueger, MD an Emergency Physician at Northwestern, about the issues surrounding free standing emergency departments. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Diversity at AAEM - How We Advocate for Women and Minorities

Episode 29 | Duration: 29:02 | File size: 27221KB | Posted: January 24, 2017

Winter 2016/17 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, speaks with Lisa Moreno-Walton, MS MS MSCR FAAEM, Professor of Emergency Medicine at LSU in New Orleans and Secretary-Treasurer of AAEM about diversity at AAEM and how the Academy advocates for women and minorities. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Public Health Opportunities for EPs

Episode 28 | Duration: 32:38 | File size: 22200KB | Posted: November 21, 2016

Fall 2016 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Joneigh Khaldun, MD MPH FAAEM, Medical Director at Detroit Health Department and board certified emergency physician at Henry Ford Hospital, about the intersections of emergency medicine and public health. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 AAEM's Current Advocacy Work: How We Continue to Fight for You

Episode 27 | Duration: 17:18 | File size: 16228KB | Posted: October 3, 2016

Summer 2016 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses AAEM's current advocacy work related to fair and equitable practice environments, billing transparency, increases in GME funding, medical student debt reform, and more. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 The Hospital Peer Review Process: How it Should Really Work

Episode 26 | Duration: 25:54 | File size: 24288KB | Posted: October 3, 2016

Spring 2016 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses the hospital peer review process: how you may find yourself in this position, what resources you have, and why due process plays such a vital role in this situation. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Policy Trends in 2016: Value in Health Care, Gun Violence, and Effects of the ACA

Episode 25 | Duration: 24:18 | File size: 22782KB | Posted: June 21, 2016

Winter 2016 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Jessie Pines, MD MBA; Megan Ranney, MD MPH; and Seth Trueger, MD, about policy trends you'll see in 2016: value in health care, gun violence, and the effects of the ACA on EM reimbursements. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Grassroots Advocacy and the Restrictive Covenant Issue in Tennessee

Episode 24 | Duration: 28:47 | File size: 26998KB | Posted: December 30, 2015

Fall 2015 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, interviews Andy Walker, MD FAAEM, practicing EP in Tennessee and editor of AAEM's magazine Common Sense. AAEM named Dr. Walker the 2016 recipient of the James Keaney Award for his remarkable work in the Tennessee legislature to protect emergency physicians from restrictions on their right to practice. Dr. Weiss and Dr. Walker discuss the background and situation surrounding the restrictive covenant issue in Tennessee and offer advocacy advice. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 The ACA and EM - What Are the Effects?

Episode 23 | Duration: 29:29 | File size: 27650KB | Posted: December 30, 2015

Summer 2015 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Laura Medford-Davis, MD, a Robert Wood Johnson Clinical Scholar at the University of Pennsylvania about the ACA's effect on emergency medicine. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Medical Staff v. Avera Marshall: A New Source of Physician Due Process Rights

Episode 22 | Duration: 22:51 | File size: 24239KB | Posted: July 27, 2015

Spring 2015 - Larry Weiss, MD JD MAAEM FAAEM, Professor of Emergency Medicine and past president of AAEM, interviews Kathy Kimmel, a Minneapolis-based lawyer, about the recently decided landmark case from the Minnesota Supreme Court. This episode covers the interest garnered by this case, an overview of the important details, and implications for emergency physicians. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Read Your Contract - It's Dangerous!

Episode 21 | Duration: 40:21 | File size: 37835KB | Posted: February 27, 2015

Winter 2015 - Larry Weiss, MD JD MAAEM FAAEM, Professor of Emergency Medicine and past president of AAEM, discusses the potential dangers of emergency physician contracts. This episode covers what defines a contract, areas of potential concern, employee versus independent contractors, indemnification clauses, and termination. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Emergency Department Closures Increase Patient Mortality

Episode 20 | Duration: 29:18 | File size: 27462KB | Posted: November 27, 2014

Fall 2014 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Dr. Thiago Hallmer, a resident at Baylor College of Medicine. They discuss the association between ED closures and inpatient mortality for all hospitals in the area. Topics include: methods and parameters, findings, and suggestions for what we can do as advocates. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 AAEM on Capitol Hill - How We Advocate for You

Episode 19 | Duration: 23:52 | File size: 22370KB | Posted: August 23, 2014

August 23, 2014 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, interviews Michael Ybarra, MD FAAEM, Assistant Professor of Clinical Emergency Medicine at Georgetown University Hospital and chair of the Government and National Affairs Committee about AAEM’s advocacy efforts and strategy on Capitol Hill. Discussion points include: how AAEM educates Congress and brings your concerns to the Hill, key messages communicated to lawmakers, an overview of the Government and National Affairs Committee, and tips for how you can become involved in our advocacy efforts.Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 AAEM's Greatest Wins

Episode 18 | Duration: 31:17 | File size: 29336KB | Posted: July 10, 2014

July 1, 2014 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses AAEM’s greatest advocacy wins for the individual emergency physician. Discussion points include a review of the legal cases and details of how AAEM continues to advocate for EP practice rights. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 AAEM's Academic Advocacy

Episode 17 | Duration: 16:16 | File size: 15257KB | Posted: June 23, 2014

June 23, 2014 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses AAEM’s history of advocacy for academic emergency physicians. Discussion points include, the formation of the EM specialty and how AAEM works to protect board certification. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Health Information Exchanges

Episode 16 | Duration: 26:53 | File size: 25207KB | Posted: May 18, 2014

May 18, 2014 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Dr. Ellana Stinson, a practicing emergency physician in Boston, MA, and Dr. Jason Shapiro, Associate Professor and Chief of the Division of Informatics in the Department of Emergency Medicine at Mount Sinai Hospital. The discussion points include: a review of the article "Does Health Information Exchange Reduce Redundant Imaging?: Evidence from the ED," EMR versus HIEs, regional sizes and accessibility of HIEs. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Due Process Rights: The Case of a Physician Who Fought Back and Won

Episode 15 | Duration: 25:55 | File size: 24300KB | Posted: April 16, 2014

April 16, 2014 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, interviews Jeffery Lurner, APC, about due process rights in the case of Dr. Chudnovsky v. Chapman Medical Center. They will discuss the highlights of the case, the due process issues called into question, and medical staff bylaws in relation to contract provisions. Mr. Lurner can be contacted for questions at jlurner@email.com. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 The ACA, Medicaid, and the ED: What's the Bottom Line?

Episode 14 | Duration: 19:47 | File size: 18555KB | Posted: March 11, 2014

March 11, 2014 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Jesse Pines, MD MBA FAAEM, Director of the Office of Clinical Practice Innovation at George Washington University. The discussion points include: how will the ACA and Medicaid interact with emergency departments? What will this mean for the bottom line for emergency departments around the country? Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 EMTALA: What Every EP Must Know, Part 2

Episode 13 | Duration: 32:33 | File size: 30525KB | Posted: February 4, 2014

February 4, 2014 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses EMTALA (Emergency Medical Treatment and Active Labor Act) and what every emergency physician must know. In part 2 of this 2 part series he will he will discuss EMTALA transfer requirements and recent regulations that affect your daily practice. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 EMTALA: What Every EP Must Know

Episode 12 | Duration: 36:09 | File size: 33895KB | Posted: January 27, 2014

January 27, 2014 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses EMTALA (Emergency Medical Treatment and Active Labor Act) and what every emergency physician must know. In part 1 of this 2 part series he will discuss EMTALA obligations related to screening exams and stabilization. Discussion points include: a review of landmark EMTALA cases, EMTALA legally mandated obligations, and EMTALA rules & regulations. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Electronic Medical Records

Episode 11 | Duration: 32:05 | File size: 30372KB | Posted: December 30, 2013

December 30, 2013 - In this Policy Prescriptions® edition of this podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Mr. Patrick Fitzgerald, Program Manager at the Center for Chronic Disease Outcomes Research and Dr. Ellana Stinson, a practicing emergency physician in Boston, MA. The discussion covers electronic medical records, including the summary and purpose of health IT; adoption rates of EMRs among hospitals and providers; efficiency, cost, and quality data; as well as the providers perspective. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 AMA and Refusals: Potential Legal Disasters

Episode 10 | Duration: 28:09 | File size: 26391KB | Posted: November 16, 2013

November 16, 2013 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses AMA refusals and their potential legal implications. Discussion points include: dealing with patients who refuse medical care, how to document a refusal, and assessing a patient's capacity to understand. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Due Process Survey of EPs

Episode 9 | Duration: 25:51 | File size: 24242KB | Posted: October 31, 2013

October 31, 2013 - Joseph Wood, MD JD MAAEM FAAEM, Vice Chair of Emergency Medicine at Mayo Clinic in Scottsdale, and past-president of AAEM, interviews fellow past-president, Robert McNamara, MD FAAEM, Professor and Chairperson of the Department of Emergency Medicine at Temple University, about the recently published survey of EPs regarding due process, financial pressures, and the ability to advocate for patients. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Cell Phone Ban Policies

Episode 8 | Duration: 16:18 | File size: 15289KB | Posted: September 4, 2013

September 4, 2013 - In this Policy Prescriptions® edition of the podcast, Cedric Dark, MD MPH, Assistant Professor of Medicine at the Emergency Medicine Residency Program at Baylor College of Medicine, speaks with Nii-Daako Darko, DO MBA, Trauma Surgeon at the University of Pittsburgh, Altoona, about cell phone ban policies and review of current literature on the subject. Intro music by Kämmerer, Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 EM Action Fund

Episode 7 | Duration: 17:28 | File size: 16368KB | Posted: August 7, 2013

August 7, 2013 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, speaks with AAEM board president, William Durkin, Jr., MD MBA FAAEM, about the Emergency Physicians Action Fund. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 The Liability Crisis

Episode 6 | Duration: 37:42 | File size: 35351KB | Posted: July 7, 2013

July 7, 2013 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses what he refers to as the worst professional problem for physicians, the liability crisis in medicine. In this episode, Dr. Weiss addresses the following questions: Do we have a liability crisis? If so, why? And what can we do about this problem? Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 EP Advocacy Issues in the ACA

Episode 5 | Duration: 35:38 | File size: 34218KB | Posted: June 1, 2013

June 1, 2013 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine and past-president of AAEM, discusses emergency physician advocacy issues in the Affordable Care Act, the most significant event to occur in your career. Discussion points include: expansion of private insurance, statewide health benefit exchanges, expansion of Medicaid, work-force issues and Accountable Care Organizations. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Asset Protection

Episode 4 | Duration: 31:27 | File size: 29491KB | Posted: May 8, 2013

May 8, 2013 - Joseph Wood, MD JD MAAEM FAAEM, Vice Chair of Emergency Medicine at Mayo Clinic in Scottsdale, and past-president of AAEM, discusses asset protection for emergency physicians. Dr. Wood walks you through three hypothetical cases and alerts you ways to structure your assets for maximum protection under the law. He also touches on liability insurance, medical malpractice insurance, and possible schemes you may encounter. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Restrictive Covenants

Episode 3 | Duration: 26:09 | File size: 24518KB | Posted: April 2, 2013

April 2, 2013 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine at the University of Maryland School of Medicine, and past-president of AAEM, discusses restrictive covenants in emergency physician contracts. Dr. Weiss discusses this common problem in emergency physician contracts and details what these covenants typically entail. He outlines the circumstances where a court may enforce a restrictive covenant, and describes how AAEM has directly advocated for individuals subjected to unfair restrictive covenants. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Key Contract Terms

Episode 2 | Duration: 25:44 | File size: 24133KB | Posted: March 4, 2013

March 4, 2013 - Joseph Wood, MD JD MAAEM FAAEM, Vice Chair of Emergency Medicine at Mayo Clinic in Scottsdale, and past-president of AAEM, discusses key terms in emergency physician contracts. Dr. Wood outlines contract basics including: termination, employee versus independent contractor status, medical malpractice insurance, and noncompete clauses. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.


 Due Process Rights

Episode 1 | Duration: 25:24 | File size: 24398KB | Posted: February 8, 2013

February 8, 2013 - Larry Weiss, MD JD FAAEM, Professor of Emergency Medicine and past president of AAEM, discusses the single most important practice right you have as an emergency physician -- your right to due process. Dr. Weiss details the definition of "due process," the source of those rights, and makes the case for why you should closely screen your contract for infringements of your due process rights, and obtain proper legal counsel. Intro music by Kämmerer, 'Take Left' from the album 'Rhodes to Wisdom,' powered by JAMENDO.