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CO necessary for locum tenens? Print E-mail
Written by Michael Sacopulos, JD   
Tuesday, 24 May 2011 08:53


Medical Justice Medico-Legal Q&A

Q:  I am a locum tenens physician licensed in Florida. Am I required to obtain my own permit for certificate of occupancy in the city and county for which I may have temporary employment or am I covered by the physician for whom I am covering?

A:  Good question.  A certificate of occupancy, or as it is sometimes referred to as a zoning permit, assures that the business is allowed in the zoning district where it is located.  A certificate of occupancy is generally required when a building is erected, altered, or the existing building goes through a change of occupant, name, or type of business.  Thus, in your case, temporary employment would not necessitate the obtaining or transferring of a certificate of occupancy. Just to be sure, I contacted officials in several Florida counties.  While each had slightly different rules, all agreed that you would not need a certificate of occupancy.  It is always prudent to contact the county or city zoning department in which the building is located since there are differences in the local zoning requirements throughout Florida. 

Michael J. Sacopulos is a Partner with Sacopulos, Johnson & Sacopulos, in Terre Haute, Indiana. His core expertise is in medical malpractice defense and third party payment disputes. Sacopulos may be reached at

Reader Response 4-21-11 Print E-mail
Written by Jeffrey Herschler   
Saturday, 23 April 2011 15:33

Regarding FL Docs Monitor Pending Legislation

Democrats have aligned themselves with plaintiff attorneys for years to block any meaningful federal legislation designed to reign in runaway jury verdicts for pain and suffering in medical malpractice insurance cases.  Not only has this hurt doctors and patients but has driven up the cost of defensive medicine to unprecedented levels in the last decade.  Each and every year we could pay for millions of uninsured Americans' healthcare by simply putting reasonable caps on non-economic damages.   

-Matt Gracey, Danna Gracey

Regarding New CEO of Jackson

I am skeptical.  To see two very capable candidates with relevant experience passed over for a county government insider, a banker no less, is disconcerting  As a Dade County taxpayer, I am hoping for the best.  As a realist, I am very concerned.

-Name Withheld by Request

Regarding PDMP to Begin Operations

This is indeed good news and I want to thank all of the many activists and citizens of our great State of Florida who invested so much time and efforts to support this noble cause.

-Bernd Wollschlaeger, MD
Why opting out of health care reform is a bad choice Print E-mail
Written by Bernd Wollschlaeger, MD   
Wednesday, 20 April 2011 15:20

In My Opinion

In an excellent editorial published in the Miami Herald, (Click here to see article) Steven Marcus, President and CEO of Health Foundation of South Florida, points out that:

"Florida has a healthcare crisis - and we need to do something. The law is not perfect but it is a giant step in the right direction. The protections under the Affordable Care Act move us forward to a time when citizens won't have to wait until they are so sick that they have to go to emergency rooms for the most expensive care. Rather, they will have coverage to go to a family or primary-care doctor. But before anyone looks forward to a healthier Florida and nation, here's a dose of reality: The benefits from consumer protections increasingly are at risk of being taken away. The actions of many of Florida's elected officials reflect a lack of concern for thousands of our low-wage workers and other citizens who will go without care and instead declare personal bankruptcy over a medical emergency. This leads to community bankruptcy for unpaid, expensive medical and hospital bills. Is this what Floridians deserve? I don't think so. Let's get behind this law and tell our officials to do the same, it will attract businesses and jobs to Florida by reducing costs that are dragging down our economy. Let Florida join the other states in planning by taking the federal money offered to create a brighter and healthier future for all Floridians."  

By blocking and stalling the implementation of the entire healthcare reform package the political leadership in Tallahassee jeopardizes the access to healthcare to four million uninsured residents in Florida. This rigid and ideologically misguided attitude will hurt the business of medicine in Florida, too. Recognizing this problem, Michael W. Garner, President and CEO of the Florida Association of Health Plans, said that Florida should pass bills to keep aspects of its health insurance market in state control, instead of letting the federal government regulate the market under the Patient Protection and Affordable Care Act (PPACA). He is correct in stating that that health insurance companies in Florida will have to struggle to meet the federal guidelines and standards set forth by the PPACA. It is obvious that Governor Rick Scott's ideologically driven policy is not only bad for our health but also bad medicine for big business in Florida.

Last Updated on Wednesday, 20 April 2011 15:30
Kick the Can Down the Road? Print E-mail
Written by Michael Joseph Newhouse   
Wednesday, 13 April 2011 15:29

For Crying Out Loud!


If one was to receive a message from the future, say twenty years from now, describing the national scene, circa 2030, one would be totally incredulous. Here's a snippet:

We can no longer afford entitlements, diabetes threatens national security, USA is bankrupt and a war is fought on four fronts if one includes Mexico.

All signs point to the classical model of an empire in rapid decline. See video feature entitled Why Great Nations Fail.

How we got here isn't important. What is important is how we are going to get back to prosperity. Here's my plan:

  • No more career politicians. They are dinosaurs. Therefore, term limits on everybody. Every one of these public servants needs to go back into the private sector eventually.
  • No more salaries for these politicians once they are out of office.
  • No more special health plans or other little goodies for them. They serve the people let them be one of the people. Use the same health plans as the rest of us.
  • Simplify the tax code. For example, GE made $5B profit last year and didn't pay a single dollar in taxes! [Editor's note:  This was originally reported in the New York Times.  Since then has reported that GE did indeed pay taxes in 2010.  Fortune estimates GE's effective tax rate at 7%.  See the story The Truth About GE's Tax Bill.] Yet the CEO believes it's patriotic to pay taxes and off shore American jobs. How much did you pay Uncle Sam?
  • US announces to the world that our rules of engagement are reverting back to pre WWII standards so no body better mess with us, our buddies or our national interests. No such thing as civilized warfare. The gloves are off.
  • Everybody that is overweight (i.e. pre diabetes type I and II) must have a comprehensive plan to get in shape and it is incentivized by taxes.
  • Incentivize employers to create jobs.
  • Pull back manufacturing jobs to the US.
  • Allow health insurance across state lines.
  • Bring back all US military bases that are no longer necessary
  • Have all politicians sign the Mount Vernon pledge.
  • Require all politicians to post a weekly and quarterly productivity  report on their time spent, with whom and for what objective along with corresponding expenses and variance report on their operating and capital budgets just like the rest of us.
  • All lobbyists must report weekly and quarterly just like the politicians.
  • Government health programs must send volume to the best value provider; no more sweetheart deals. 

We can no longer afford business as usual. We have come to the perennial fork in the road. And for crying out loud, please remember our government works best when neither party is in control.

Last Updated on Thursday, 14 April 2011 09:37
Feedback on Dr. Epstein's Article Entitled: The Price of Certainty Print E-mail
Written by Various Readers   
Sunday, 30 January 2011 14:24


Nice article on health care- not sure I agree with everything he says! (No surprise!!)  It's very complex!

-Jack Wolfsdorf, MD, Pediatrician, Pediatric Critical Care, Editor Miami Childrens International Pediatrics Journal

This is one of the most reasoned and very well written articles on the topic of tort reform!  Many thanks to Dr. Epstein for this very accurate and refreshing article!

-Dan Reale, Medical Malpractice Insurance Specialist, Danna-Gracey Agency, Orlando

I concur with Dr. Epstein’s letter.  However, may I inject the following into his “Susie” scenario:  ER doctor says to Susie’s mother, a CT is not medically indicated and thus will not be covered by your insurance.  Of course if you would like to pay the $700 hospital fee and the $300 Radiologist fee out-of-pocket, then we will be happy to provide that service for you.

You can take it from there…

-James "Jim" Craig, Vice President Middle Market - Healthcare
Fifth Third Bank, Sunrise

This is one of the best articles on the reasons for ordering extra tests that I have ever read.  Thank you!!

-Medical Doctor, Boca Raton

Last Updated on Wednesday, 30 March 2011 16:05
The Price of Certainty Print E-mail
Written by David H. Epstein, MD, FACR   
Friday, 28 January 2011 00:00


 As the debate over health care reform is assured to continue into the next congress, questions about the role of tort reform will undoubtedly also persist, as we, physicians, will assert the centrality of tort reform to the control of medical care costs.  While the cost of defensive medicine is real, quantifying it is difficult and risky, and any attempt to profess that tort reform will produce prompt measurable reductions in the cost of health care provision may imperil our credibility where and when tort reform is accomplished.

In our zeal to communicate to the non-medical population our belief in the imperative of tort reform, we must also be realistic about the many causes of the progressive rise in the cost of medical care, the extent to which defensive medicine contributes to the cost, and the ability of tort-reform to stabilize or reverse these increases in the near term.

Contributors to the excessive and increasing cost of medical care are legion, and are mostly well recognized, if not necessarily their exact proportion.  For some, such as the felonious operators of non-existent Medicare and Medicaid clinics and the bogus personal injury rackets, better law enforcement is needed.  Greedy insurance companies, avaricious drug and durable medical suppliers, and inefficient wasteful hospital administrators, are all substantial participants that need in some way to be dealt with.  At some point, however, we must also confront those parts of the medical cost conundrum that are ours.  By that, I am referring first to that part of our community that has placed financial gain above the welfare of our patients.  In some cases this behavior can be quite blatant; with others it occurs only at the margins of our practices and is justified, erroneously, as good, thorough practice.  Unfortunately, where good medical practice is usurped by greed is probably more frequent than we would like to believe, and is inviting ever greater and unwanted scrutiny and interference by non-medical entities into our day-to-day practices.

Secondly, we have to look at how the nature of patient/physician interaction, along with its irrationalities, fears, habits, and quirks, has changed, and what this means to the future of the practice of medicine.  For example:  Susie comes to the ER with her perky 5 year old son Bobby who had just fallen off a piece of recreational equipment striking his head on a padded floor.  After a few moments of dizziness, he returns to his normal pre-event status.  Despite his apparent normalcy, Susie takes him to the ER, where Bobby is evaluated thoroughly by the ER physician, who can find nothing disconcerting.  Based on the history and physical exam, the doctor recommends observation and Tylenol as needed.  Susie, though somewhat reassured, mentions that a friend of hers knew someone who knew someone else that had a cousin whose daughter had a similar fall and got a CT scan.  That she thinks showed something.  And therefore, shouldn't Bobby get one? 

Ten, maybe twenty years ago, we would have confidently said no, and that would have been the end of it.  But now the discussion slips into the realm of "can you be sure?" and "would it hurt to..." and...You get the idea.  Knowing the severe penalty our legal system exacts if the highly unlikely but not impossible has happened, in all likelihood Bobby will get the head CT to assure that there is no intracranial injury.  While this can be called "defensive medicine," in reality what has happened is the result of a generation of interactions between physicians and patients that seek, no, make that demand, an absurdly high level of diagnostic certainty.  And usually just to prove that nothing is wrong.  We aren't seeking disease where we expect to find it as much as we are confirming the absence of disease where we don't expect it.  The latter, of course, is much more expensive.

Besides my concern that this style of practice is totally unaffordable, there is the peril that it places us in as a profession as we seek legitimate relief from the litigation drenched society in which we must function.  If we claim that 40% of the "excess" utilization is driven by defensive medicine, the logical conclusion is that once the burden of impending litigation is magically lifted off our shoulders, there will be a commensurate decrease in utilization.  My specific concern is that there is no such one-to-one correspondence.  In reality the practice patterns that have developed in the US are not just a response to mal-practice, but also to the profusion of and consumer demand for highly accurate but expensive tests and procedures which has conspired to create in our nation an unparalleled intolerance for uncertainty.   And while we must immediately and continuously advocate for tort reform, I believe with the utmost certainty that there will be little measurable change in patient/physician behavior until we have a new generation of physicians trained in a tort-restricted environment under the umbrella of respected and followed practice guidelines, and a generation of new patients that live in a world where the level of certainty that is attainable is commensurate with that which is affordable.

As we seek changes in medical tort law, we must not mistakenly suggest that tort reform will have an immediate payout in the form of recovered medical expense dollars.  If we make this mistake we are certain to disappoint, and are likely to suffer a backlash that may reverse any hard fought gains made in tort-reform and substantially delay the institution of meaningful and long-lasting improvements in medical tort law. 

Dr. David H. Epstein, MD, FACR, a partner with Radiology Associates of Hollywood,  is a senior attending with the Memorial Health Care System, member of the Florida Medicare Contractor Advisory Committee and Blue Cross/Blue Shield Physician Advisory Panel, and former Florida Radiology Society President.

Last Updated on Wednesday, 30 March 2011 16:05
Skepticism Regarding ACO's Print E-mail
Written by Name Withheld   
Thursday, 27 January 2011 16:26


Regarding ACO's A Viable Concept? By Michael Casanova Click here to view original article

As a practicing physician, I see ACOs as just another administrative layer that siphons off funds that could be used to pay for healthcare. Since hospitals and hospital systems are infinitely better financed and unified, physicians will unfortunately probably become the junior partner, meaning more profits for hospitals and smaller profits for physicians.  Politics within the medical community may also play a part. For example, a surgeon may take much more time to perform various procedures than others of his specialty and he may even have more complications all of which increase costs, but he is chief of staff, chief of surgery, or even a share holder in the ownership of a hospital. It would be difficult to remove him from an ACO.  Likewise, a particular surgeon may have all the most difficult high risk cases referred to him, so that his complication rate seems higher. As he runs the risk of being dropped by an ACO because his costs for care are higher, he may choose to refuse these difficult cases, though he may be the most qualified in the community to accept them.

In South Florida, we had a system called capitation, in which the primary care physician got a fixed payment each month based on how many of that HMO's patients were assigned to him and he had to pay for those patients.  If none or few of the patients needed care, he made a lot of money.  If many patients needed care, and in particular surgery, he didn't make any or very little.  By slowing down the process, delaying or denying consultations with specialists, scheduling tests or procedures, and other gimmicks, he could insure a better profit at the expense of his patient population.  This could and did happen.

There are so many other ways in which Medicare could save huge sums of money that ACOs aren't really necessary.  What is necessary is for politicians to take appropriate steps and stop protecting powerful groups like trial attorneys and insurance companies.  I have a number of ideas that I think would work.

-Name Withheld by Request

Last Updated on Wednesday, 30 March 2011 16:06
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