nj physician magazine may 2011
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New Jersey Physician MagazineTRANSCRIPT
Also in this Issue• Legal Update-Selling Your Practice to Wall Street
• Practical Considerations in Merging Your Practice in Today’s Healthcare Environment
• Governor Christie Signs First in the Nation Legislation to Monitor Newborns
The Heart and Vascular Institute at Englewood Hospital and Medical CenterExemplary Cardiac Care and an Enduring Vision for Continued Advancements in Excellence
www.HNManagement.com973-660-9334/ext 125Located in Florham Park, NJ
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Publisher’s Letter
Dear Readers,
It’s been quite awhile since you last heard from me. Other projects and other
issues kept me quite busy for the past year and a half, but now I’m back. Iris and
I are now co-publishers of New Jersey Physician. She will be concentrating on
cover stories and her famous “Food for Thought” reviews, while I will be dealing
with the political, legal and financial climate so unique to the New Jersey medical
community. I must say, it is good to be home again.
The acquisition of numerous smaller specialty practices by publicly traded or
venture capital backed physician practice groups is a rapidly growing occurrence
in the business of medicine. We’ve seen numerous instances of practices joining
together to share operating expenses while pooling resources to invest in high
end specialty equipment such as state of the art tomography. Judging whether
this is the right move for your practice is crucial. John Fanburg and his team
share their insights into the process of determining whether this is a beneficial
move for your group.
The still unclearly defined formation of new business models falling under
the term “ACOs” is the topic of conversation when physicians gather together.
Before acting upon one of these new entities, there are practical considerations
that must be examined. Steve Mizrach shares his insights into this changing
environment and helps clear up one of the most confusing new business forms
that has crossed the path of New Jersey medicine.
Governor Christie sometimes gets it right. He recently signed the first in the
nation legislation to protect the health of newborns from potentially life-
threatening congenital birth defects by requiring all inpatient or ambulatory
health care facilities licensed by DHSS to perform pulse oximetry screenings
within 24 hours on all newborns. Good move, Governor!
This month’s cover story is on the Heart and Vascular Institute at Englewood
Hospital and Medical Center. Eleven years ago, EHMC committed to create a
comprehensive program for cardiac care unlike any in the surrounding region.
They kept their commitment throughout these years and now have one of
the best and most comprehensive departments available, with state of the art
equipment, a dedication to reduction of blood loss in all procedures, and a most
respected, dedicated staff of physicians and surgeons available to their patients.
With data showing rates of success consistently among the highest in both New
Jersey and the nation.
It feels great to be back, with warm regards,
Michael GoldbergCo Publisher
New Jersey Physician Magazine
Published by Montdor Medical Media, LLC
Co-Publisher and Managing EditorsIris and Michael Goldberg
Contributing Writers Iris GoldbergMichael GoldbergJohn D. Fanburg, Esq.Mark Taffet, Esq.Leonard Lipsky, EsqBrian Kern, Esq.Steven Mizrach, CPADeidre Hartmann, CPARobert Pear
New Jersey Physician is published monthly by Montdor Medical Media, LLC.,PO Box 257Livingston NJ 07039Tel: 973.994.0068Fax: 973.994.2063
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of NJ Physicians Association
2 New Jersey Physician
CONTENTS
9
Insurance
10
Legal Issues
Legal Update: Selling your practice to Wall Street
12
Finance
Considering an ACO? Financial advantages or consequences, you decide.
Practical Considerations in Merging a Practice in Today’s Healthcare Environment
14
Statehouse
Frome the office of the Govenor: Govenor Christie signs first in the nation legislation to monitor newborns
16
Hospital Rounds
18
Food for Thought
Cocco Bello Café Livingston, New Jersey
20
In The News
Contents
The Heart and Vascular Institute at Englewood
Hospital and Medical CenterExemplary Cardiac Care and an Enduring Vision for Continued Advancements in Excellence
COVER STORY
4
New Jersey Physician 3
Call for NomiNatioNs
New Jersey Physician Magazine invites all medical practices to submit nominations for cover stories.
Practices should include a brief description of what makes the practice special.
Please contact the publisher Iris Goldberg at [email protected]
CLIENT: Argent Professional Insurance Agency, LLC Scott Parker - (908)769-7400, [email protected]
BLEED SIZE: 7-1/4 x 5-1/16 TRIM SIZE: 7 x 4-13/16 COLOR: 4/process color
DESIGN: JSM Concepts, Inc., John Malinowski - (516) 379-8221 [email protected]
The Professional Liability Specialists130 Technology Drive, Warren, NJ 07059 • (877)769-1999
Learn more about our commitment to physicians, and read important news and articles at www.insuranceagent.com
Argent Professional is the leading regional medical professional liability insurance agency, and specializes in writing physicians, large groups, ASCs and other healthcare facilities.
Our knowledge, expertise and access to all of the major NJ markets helps to ensure our clients find the best possible coverage at the lowest available rates.
Agents for:
4 New Jersey Physician
Cover Story
When it opened its doors in July of 2000, the Heart and Vascular Institute
at Englewood Hospital and Medical Center was the realization of a
vision to create a comprehensive program for cardiac care unlike any
in the surrounding region. Cardiac services including invasive and
non-invasive cardiology, cardiac surgery and cardiac electrophysiology
were offered to area patients who previously had to travel elsewhere
to receive comparable care. In the years since, data has continued to
show rates of success that are consistently among the highest in New
Jersey and in the nation at large. Also, Englewood Hospital has a track
record of accepting the most complex cardiac cases.
Englewood Hospital and Medical Center has received numerous
accolades for its highly successful and well recognized cardiac
program:
• New Jersey Department of Health and Senior Services Cardiac
Surgery Report lists a 100% survival rate for Englewood Hospital in
isolated coronary artery bypass surgery – a perfect record in the
past four reports.
• CareChex® presented Englewood Hospital and Medical Center with
its prestigious Medical Excellence Award for cardiac care, ranking it
as the #3 hospital for cardiac care in the state of New Jersey (2009-
2011).
• HealthGrades recognized Englewood Hospital with a Five-Star
rating for Treatment of Heart Attack and Coronary Artery Bypass
Surgery (2010-2011).
• J.D. Power and Associates recognized Englewood Hospital and
Medical Center for providing an “Outstanding Cardiovascular Patient
Experience” (2010).
• The Center for Medicare and Medicaid Services (CMS) ranked
Englewood Hospital and Medical Center #1 in New Jersey and # 3
nationwide for heart attack survival (based on CMS data for Medicare
patients discharged between July 2006 and June 2007).
Emphasizing individualized patient care and a multi-disciplinary team
approach, the specialized cardiac experts at Englewood Hospital and
Medical Center diagnose and treat all manifestations of cardiovascular
disease. Additionally, recognition by the team of the cardiac needs of
The Heart and Vascular Institute at Englewood Hospital and Medical CenterExemplary Cardiac Care and an Enduring Vision for Continued Advancements in Excellence
p Englewood Hospital and Medical Center offers a comprehensive program for Cardiac Care unlike any in the surrounding region.
By Iris Goldberg
New Jersey Physician 5
specific populations within the community
and reaching out to those groups with
a variety of educational and support
services further enhances the dramatic role
Englewood Hospital and Medical Center has
in preserving heart health for so many New
Jersey residents.
Jeffrey S. Matican, MD,
Section Chief of Cardiology
at Englewood Hospital and
Medical Center discusses
some of the important
factors that set the Heart
and Vascular Institute apart from other
facilities.
“There is a very collegial relationship amongst
all of the doctors – the cardiologists from
various groups, the electrophysiologists and
the cardiac surgeons. It is common practice
here for doctors in these various disciplines
to engage in a group-think consultation about
how to best handle a particular patient,” Dr.
Matican states.
Another source of pride for Dr. Matican is
Englewood Hospital’s dedicated nursing staff,
which has earned Magnet status for excellence
in nursing for the third time – a distinction
shared by only 6% of hospitals, nationwide.
“In addition to their clinical experience, the
nurses here are interested, energetic and
committed to staying informed about medical
advances to help their patients,” he notes.
In addition to the informal sharing of ideas,
Dr. Matican proudly points to the weekly
cardiology conference at the Heart and
Vascular Institute as a crucial component of
the well-established success of the cardiac
program at Englewood Hospital. Originally
started to discuss the various issues regarding
patients undergoing cardiac catheterization,
the meeting – still informally called a “Cath
Conference” – has now evolved into a
valuable forum for the entire cardiology team.
“At these meetings, we review cardiac-related
articles in the medical literature and even in
the lay press. We discuss new developments
in cardiology and cardiac programs,” Dr.
Matican shares. “Whether it’s a new treatment
or modality for acute coronary syndromes,
or one of our cardiac electrophysiologists
talking about something new in arrhythmias,
or perhaps the cardiac surgeons speaking
about the latest advances in aortic aneurysm
surgery, there’s a wealth of information shared
amongst the cardiac team at these weekly
meetings,” he adds.
The weekly conference
is led by Richard S.
Goldweit, MD, Director of
the Cardiac Catheterization
Laboratory and Director of
Interventional Cardiology
at Englewood Hospital and Medical Center.
“Our dynamic weekly cardiology conference
is unique in that all cardiology-related
disciplines attend - cardiac surgeons, the
entire array of cardiologists, including the
electrophysiologists, non-invasive cardiology
and invasive cardiologists, nurses and cath
lab technologists. Everyone finds value in
these meetings,” Dr. Goldweit states. “That
interdisciplinary cooperation carries over into
how we practice here. We pride ourselves on
having an interactive program where a team
of specialists in various disciplines work
together,” he adds.
It would be impossible to enumerate the
ways in which Englewood Hospital’s cardiac
program is distinctive without a discussion
of Patient Blood Management (PBM), which
has become the standard of care at the
Medical Center, a world-renowned leader in
PBM. A growing body of evidence points to
an increased risk of infection, complications
and death associated with blood transfusions.
PBM is an initiative to improve patient
outcomes that seeks to avoid unnecessary
blood transfusions and reduce the risks
and costs associated with blood and blood
products.
“By practicing Patient Blood Management,
we have strategies and methods to help
avoid unnecessary transfusions and the risks
associated with them,” Dr. Matican explains.
“We don’t transfuse ‘by the numbers’ but
rather assess each patient’s individual
situation.”
Patient Blood Management is based on
three main principles or “pillars”: optimizing
hematopoiesis and appropriate management
of anemia; minimizing bleeding and
blood loss; and harnessing and optimizing
physiological tolerance of anemia. As assistant
director of Englewood Hospital’s renowned
Institute of Patient Blood Management and
p Englewood Hospital’s state-of-the-art Cardiac Catheterization laboratory
6 New Jersey Physician
Bloodless Medicine and Surgery, Dr. Goldweit
emphasizes the importance of PBM in
improving patient outcomes.
“There is no question in my mind that if you
look at the literature in general, bleeding
is a horrible thing in the interventional
cardiologist’s arena. In fact, in terms of all
of us – cardiac surgeons, interventional
cardiologists, electrophysiologogists –
bleeding is associated with bad outcomes,”
Dr. Goldweit maintains.
“It’s not just the bleeding itself or the loss of
blood but the changes that might have to be
made to stem the excessive bleeding may
not be best for the patient in other ways,”
he adds. As an example of this he notes
that if a patient with a cardiac stent bleeds
excessively, that patient will have to stop anti-
platelet therapy, which is key to keeping stents
open and preventing another heart attack. “If
you bleed, you might be told to stop those
agents and then you become compromised,”
Dr. Goldweit notes.
Dr. Goldweit also points to evidence-based
treatment decisions as another factor
supporting positive patient outcomes. “At
Englewood Hospital, we emphasize doing
only what the data suggests will be effective.
If the data suggests an option that is less
complex, less fancy, or less high-tech but
it delivers an equally good result, that’s the
option we’ll choose,” Dr. Goldweit states.
He shares that this option is preferable in
terms of reducing excessive costs but most
importantly in terms of doing the best for the
patient, who, generally will do better with a
simpler approach. “In the end it’s all about
the patient. We want data-driven approaches
that enhance quality and length of life,” Dr.
Goldweit emphasizes.
Dr. Goldweit’s point is well-illustrated in
the impressive survival rate for heart attack
patients brought to the Emergency Medicine
Department at Englewood Hospital. With an
interventional cardiologist on staff 24/7, an
excellent ER team and vital patient information
called in ahead by EMS transporters,
Englewood Hospital has held one of the three
best heart attack survival records in the nation.
The time from patient arrival to the start of a
cardiac interventional procedure, known as
“door to balloon” time, has for the past five
years been, on average, nearly 15 minutes
below the limit set by national guidelines.
Patient outcomes for cardiac surgery at
Englewood Hospital are consistently excellent
as well. Since the inception of its cardiac
surgery program 11 years ago, the average
mortality rate for isolated bypass surgery is
0.57% - a survival rate of 99.43% over the past
11 years, as defined by the State of New Jersey.
James J. Klein, MD,
Chief of the Department
of Cardiothoracic Surgery
at Englewood Hospital
discusses the significantly
successful outcomes the
medical center’s cardiac surgery team has
had for bypass surgery as well as for various
other complex procedures such as multi-
valve repair, aneurysm/aortic dissection
repair and endovascular thoracic aneurysm
graft (TAG) repair.
“In the 11 years since the inception of
Englewood Hospital’s cardiac surgery
program, we’ve submitted multiple pieces
of literature that have been accepted by
peer reviewed journals, including two in the
prestigious Annals of Thoracic Surgery. These
articles explored our success with avoiding
blood transfusions during cardiac surgery. I
do believe this is certainly part of the reason
that our cardiac surgery survival rates are so
high and our complication rates are so low,”
asserts Dr. Klein.
With each passing year Dr. Klein relates that
more and more hospitals come to Englewood
Hospital to learn the blood management
techniques that are so closely linked to
its superb record of successful surgical
outcomes. Nearly 80% of cardiac surgeries at
Englewood Hospital are performed without
blood transfusions. Dr. Klein points out
that Jehovah’s Witnesses, who for religious
reasons may not accept blood transfusions,
comprise 13% of his practice. Close to 200
Jehovah’s Witnesses from areas across the
United States have undergone cardiac surgery
at Englewood Hospital since the start of its
cardiac surgery program.
At Englewood Hospital the Department of
Cardiothoracic Surgery works in partnership
with the Department of Vascular Surgery
to perform innovative, minimally invasive
thoracic endografting to an increasing number
of patients with diseases of the thoracic aorta.
p Since the inception of it’s cardiac surgery program 11 years ago, patient outcomes at Englewood Hospital have been consistently excellent.
New Jersey Physician 7
Herbert Dardik, MD,
Chief of Surgery and Vas-
cular Surgery at Englewood
Hospital, relates how this
collaboration has resulted
in substantially improved
outcomes over traditional approaches to
repair an aneurysm in the chest. “Now
instead of making a large incision in the
chest, we can puncture an artery, remote
from where the problem is and repair the
problem with minimal impact on the patient,
physiologically,” he explains.
Dr. Dardik looks forward to the establishment
of a Hybrid Angiographic OR Suite, which will
further advance the ongoing collaborative work
of cardiac and vascular patient care. This state-of-
the-art facility joins highly advanced equipment,
technology and computer systems with
skilled surgeons, interventional cardiologists,
radiologists, anesthesiologists and specialized
nursing and technical staff to perform complex
cases. For example, Dr. Dardik reports, in
the new hybrid suite, minimally invasive
percutaneous (through needle puncture of a
peripheral artery) aortic valve replacement can
be performed for certain appropriate patients,
rather than a more invasive open procedure.
“This is another reflection of how cardiac
surgery and vascular surgery will continue to
work together more and more in the years to
come,” Dr. Dardik foresees.
The continuous introduction of ground-
breaking technology is also the driving force
behind the renowned
success of the Arrhythmia
Center within the Heart
and Vascular Institute
at Englewood Hospital.
Grant R. Simons, MD is
Director of Cardiac Electrophysiology, which
focuses on the detection, diagnosis and
treatment of abnormal heart rhythms.
“Most recently, for example, we’ve
incorporated technology that significantly
enhances our mapping systems, providing
a high-resolution 3-D model on a graphic
interface,” Dr. Simons shares. He reports that
Englewood Hospital has just invested in one
of the newest mapping systems available to
most accurately visualize real-time images of
electrical activity within the heart.
Robotically guided catheter ablation for the
treatment of atrial fibrillation (AF) is another
innovative procedure performed by the
cardiac electrophysiology team at Englewood
Hospital. Instead of the physician manually
manipulating the catheter during the curative
ablation, as was traditionally the case, a
robotic arm, integrated by computer with
the mapping system, precisely guides the
catheter while the physician operates the
controls from a workstation located a few
feet away from the patient. “This technology
enables us to produce more durable lesions
because we can achieve better contact and
better stability,” asserts Dr. Simons.
Looking towards the future, Dr. Simons
is excited about a clinical trial presently
being conducted at Englewood Hospital to
dramatically alter the treatment for patients
with AF who must remain on anti-coagulant
p Englewood Hospital recently invested in one of the newest mapping systems available to visualize real-time images of electrical activity within the heart
p The physician operates the controls of a robotic arm that is integrated with the mapping system to precisely guide the catheter during ablation for the treatment of atrial fibrillation.
8 New Jersey Physician
medication to prevent blood clots and stroke. “We are one of the
few sites in the country and the only one in New Jersey that is now
involved in a trial of a device called the ‘Watchman’,” Dr. Simons
shares.
The device, which is delivered via catheter through a puncture in the
groin, seals off a pouch in the left atrium to prevent clots from traveling
to the brain and causing a stroke. The hope is that this technique
will negate the need for blood thinners, which can cause dangerous
bleeding and have therapeutic levels that are difficult to maintain,
even with frequent blood testing.
“In the trial that has been published, the atrial fibrillation patients
with this device who stopped their medication had fewer strokes
than those patients who did not have the device and were on blood
thinners,” Dr. Simons reports. Therefore, if and when the device
receives FDA approval, patients with AF will have a safer and more
effective treatment option to prevent strokes. “Our Arrhythmia Center
is at the forefront of advances in the treatment of arrhythmia so that
we can deliver the best therapies to our patients,” he says.
Englewood Hospital’s cardiac team recognizes that all cardiac
patients benefit from effective follow-up care. “If someone already has
heart disease, the best way to prevent a recurrence, in addition to
medications, is to help minimize the risk factors
with exercise,” says Englewood Hospital’s Director
of Cardiac Rehab, Samuel Suede, MD.
The Cardiac Rehab Center at Englewood Hospital
is equipped with treadmills, bicycles, elliptical
machines, step machines and a rower. Also, the aerobic exercise
is supplemented with resistance training. There is one registered
nurse on site for every five patients and a staff of exercise specialists
who assist patients with their work-out regime. Patients, who have
recently had a significant event, such as heart attack, angioplasty or
bypass surgery, are placed in a 12 week monitoring program. These
individuals have their blood pressure and heart rate checked before
they exercise. Diabetics will also have their glucose tested. While
they exercise their heart rate is being continuously monitored in
order to detect a possible arrhythmia that will then be reported to
the patient’s physician. If an emergent problem occurs, the patient -
already in the hospital - is sent for immediate treatment.
In addition to physical activity, those in the monitoring program attend
weekly lectures which have a dedicated “topic of the week,” such as
Smoking Cessation, Stress Reduction, Cholesterol Reduction, How to
Read a Food Label, etc. At the inception of the monitoring program
patients are administered Endurance Testing, a Quality of Life Test and
an Educational Quiz. After their 12 week program is completed, patients
are asked to re-take those tests and the two sets of scores are compared.
“Patients see the benefit they derived in just 12 weeks and hopefully,
this will be an incentive for them to continue,” Dr. Suede relates.
After 12 weeks in the monitoring program many individuals do opt
to continue at the Cardiac Rehab Center at Englewood Hospital in
its maintenance program, even though insurance no longer covers
this service at that point. A nominal fee is charged and Dr. Suede
reports that many patients have been coming to the center for years,
a testimony to the valuable contribution that Englewood Hospital
continues to make towards the goal of restoring and maintaining
cardiac health within the community.
As the data shows, the comprehensive cardiac program at Englewood
Hospital’s Heart and Vascular Institute has a long track record of
accomplishing its goal of providing the highest quality care for patients
with heart disease. With a consistent ranking amongst the top facilities
in the nation for cardiac care and treatment and a determination to
build on its record of excellence, Englewood Hospital and Medical
Center continues its journey into another decade. Along the way,
countless New Jersey patients with heart disease will have the
opportunity to live a longer, healthier and more productive life.
For more information, call (201) 894-3000 or visit
www.BestHeartDocs.com
p The patient’s heart rate is continuously monitored during exercise.
New Jersey Physician 9
Insurance
A risk retention group (RRG) called
Obstetricians and Gynecologists Risk
Retention Group of America (OGRRGA) is
taking the unusual step of claiming that it
should not have to cover medical malpractice
claims filed against an obstetrician that it
insured, despite the fact that it provided a
policy for her both when the incidents that
led to the claims occurred, and when the
lawsuits were filed.
OGRRGA filed a declaratory judgment action
in an attempt to disclaim coverage because
the incidents occurred during one policy
period, but were not reported until the next
policy period.
According to court documents, if the
physician had “disclosed either ……
incident in connection with the 2009
Renewal Application, OGRRGA would have
substantially increased…. premiums or
declined to issue the [new] Policy.”
Interestingly though, OGRRGA did not
appear to take either of these actions when it
learned of the claims, even at the time of the
subsequent renewal several months later. In
fact, an email sent by an agent for OGRRGA at
that time suggested that the physician renew
the policy for another year term. Moreover,
even if the claims had been reported at the
time OGRRGA is claiming that they should
have been, OGRRGA seemingly would have
had to cover the claims anyway.
But despite all of these facts, OGRRGA is
relying on a highly technical argument to
win its case.
The company is taking the position that by
operation of the policy form – a claims-made
and reported policy – its insureds must report
an incident during the same policy year that
it occurred. Regardless of any “retroactive
date,” (as the argument goes) once a policy
expires, so does coverage for any incidents
that have not been reported, if reasonably
expected to result in a claim - an argument
with support under NJ case law.
The matter gets more complicated though.
According to court documents, OGRRGA
also added language amounting to what
is known as a “written demand reporting
trigger” to its policy. According to the policy
language,
A “Claim means:
1. a written notice received by an Insured ….
demanding monetary damages…or
2. the filing of a civil lawsuit or arbitration
proceeding seeking monetary damages.”
According to an attorney familiar with
the case, no coverage extends to medical
incidents unless a “claim” is actually asserted
against a physician, and is reported to
OGRRGA. There is no provision that triggers
coverage if a physician merely renders notice
of a medical incident that might lead to a
claim, because the policy requires that an
actual claim be asserted. Since a physician
must report a potential claim at the time of
renewal though, coverage for such a claim
would be precluded under the renewal
policy.
Therefore, a claims-made and reported
policy that includes a written demand trigger
effectively gives a company the ability to
deny virtually any claim, unless of course
an incident occurs, and a written demand
is made, and it is reported to the carrier,
all within the same policy year. So despite
paying OGRRGA nearly $100,000 a year for
coverage, the physician at the center of
this action may not have purchased what
she expected, and a judge could void the
language by relying on the “doctrine of
reasonable expectations” if he/she finds it
too restrictive.
Unfortunately for the physician involved, just
making this argument may cost in the tens
of thousands of dollars. And if a judge does
decide in favor of OGRRGA, the obstetrician
will likely be forced into bankruptcy court.
This case is just one more reminder that
physicians should work with specialized
consultants before purchasing professional
liability insurance.
Brian S. Kern, Esq. is a co-founder and partner with Argent Professional Insurance Agency, LLC. He can be reached at [email protected]
Buyer Beware
By Brian S. Kern, Esq.
10 New Jersey Physician
Legal Issues
As a follow-up to last month’s article, Sell-
ing your Practice to a Hospital, this month’s
legal update focuses on issues surrounding
the sale of a physician practice to a large
publicly-traded or venture capital-backed
physician practice group. These Wall Street
practice groups are usually created by the
merger or acquisition of numerous smaller
specialty practices, which then seek to
leverage their greater purchasing and ne-
gotiating power to spread the cost of IT
upgrades over a larger revenue base and ex-
pand the range of services offered to their
patients.
To grow efficiently, institutionally financed
practice groups will approach and negoti-
ate with dozens or even hundreds of target
physician practices at one time, with only
1% to 5% of targets actually being acquired.
To assure that valuable time is not wasted,
best terms are achieved, or if necessary,
negotiations are terminated appropriately
and efficiently, it is imperative for a selling
group’s partners to be equipped to interface
with a potential buyer’s transaction profes-
sionals. M&A specialists should be hired or
contracted to run the acquisition program,
providing an expertise that managing part-
ners of most target practice groups do not
have.
For Wall Street practice groups, valuation
ultimately drives transactions. As a result,
it is important for the target practice group
to keep things in perspective on a potential
transaction. This requires a target practice
group to understand both its own motiva-
tions for selling and those of the potential
purchaser for buying.
Is a transaction right for the
practice and its partners?
There are many reasons why partners of
a target practice group may want to sell.
Health care economics are uncertain; com-
petition with large multi-specialty groups
and hospitals is increasing; IT and other
infrastructure investments are large and fi-
nancing often requires personal guarantees
by the partners; and payors are increasingly
reducing reimbursement. A merger or ac-
quisition could result in cash to the partners,
professional management of their practice,
superior infrastructure, and greater negoti-
ating power with third-party payors.
Exploring an institutionally financed prac-
tice group’s good faith inquiry to purchase
a practice takes a significant amount of time
and effort. Accordingly, it is imperative that
the target group’s partners be on the same
page prior to entering negotiations. Besides
the significant costs associated with evalu-
ating acquisition or merger proposals, the
process will distract from running the prac-
tice and the practice of medicine itself.
Understanding each other’s goals also pro-
vides negotiation parameters for what the
group can concede and where it must stay
firm. If the partners do think that they could
benefit from a sale or merger, they are en-
couraged to pursue discussions efficiently
and knowledgably.
Being smart may not be enough
Smart, analytical and seasoned physicians
may feel that it is best to simply invite a
potential purchaser to their office to nego-
tiate a transaction. Such an approach may
not be prudent. The issues involved are
complex and outside the normal range of
activity and experience of many physicians.
Transactions often involve valuation, op-
erational, governance, legal and regulatory
issues with which even veteran physicians
are not familiar. Enlisting the help of a CPA,
investment banker and legal advisor may
LegaLUpdate
Provided by John D. Fanburg, Esq., Mark Taffet and Leonard Lipsky, Esq.
Selling Your Practice to Wall Street
Understanding each other’s goals also provides
negotiation parameters for what the group can
concede and where it must stay firm.
New Jersey Physician 11
Legal Issuesbe necessary to successfully complete the
transaction.
Determining valuation from the
perspective of the purchaser
Publicly-traded or venture capital-backed
practice groups primarily seek a superior
return on investment. The specific pur-
chaser may have an interest in health care
services and even more specifically in the
target group’s specialty. Unlike, however,
a sale of a physician practice to a hospital
or another privately-held physician group,
which may take into account community
relations, professional expertise and certain
other goodwill considerations, Wall Street
acquisitions are typically driven by the valu-
ation of the target practice and the financial
return the transaction will provide to its in-
vestors.
From the purchaser’s standpoint, there are
three critical points of analysis, which are
often intertwined, that help determine if
they will complete a transaction and what
they want to pay for the physician practice:
Quality of Earnings, Synergy and Scalability.
Quality of earnings focuses on how likely it
is that the target practice’s profits will con-
tinue after its acquisition. Factors affecting
quality of earnings include whether the
target group has long-term referral arrange-
ments in place, dominates its geographic
market, and expects third-party payor reim-
bursement to increase.
Synergy revolves around the degree to
which costs and expenses can be elimi-
nated, or revenues increased, in the target
practice through a merger with the pur-
chaser. Potential purchasers will analyze
how administrative costs can be reduced,
medical malpractice rates improved, and if
a stronger negotiating position will impact
reimbursements from third-party payors.
Scalability addresses whether or not the
revenues of the target practice will grow
due to its acquisition by the institutionally
financed practice group. For example, po-
tential purchasers will analyze whether the
transaction would increase the likelihood
for the target practice to acquire additional
local practices, obtain new contracts, open
additional office locations, offer a wider
range of services or retain more referrals.
If the stars line up, a purchaser will be able
to cut the target practice’s costs, improve
reimbursement and increase revenue. If all
of these things happen, the purchaser is
in a position to pay more for the practice
in the form of cash, salaries, bonuses and
stock. Often, however, all of the stars do not
align and a valuation compromise must be
reached.
It is also important to understand that, af-
ter a transaction is closed, if profits do not
meet an institutional buyer’s requirements,
it is likely that cost cutting measures may be
taken in an attempt to maintain a financial
return on the investment. A buyer may not
be as sensitive to non-financial issues as are
the partners of a privately-owned practice,
nor will they be sentimental toward former
partners or staff in seeking their financial
goals.
Target practices are encouraged to retain
the services of an experienced investment
banker that can assist them in countering
the expertise of M&A professionals em-
ployed by a potential purchaser and who
will work to maximize value and minimize
risk in a transaction.
Regulatory framework
Besides the valuation issues pervasive in
transactions, the target practice should
also be aware of the applicable regulatory
issues. It is common for publicly-traded or
venture capital-backed physician practice
groups to enter into management services
agreements with third-parties that provide
a host of services to their entire organiza-
tion, such as general administrative ser-
vices, billing and collection, staffing, and
maintenance. Because such management
companies are often owned in part by non-
physician entities or individuals, physicians
should be careful not to run afoul of the cor-
porate practice of medicine rules and fee-
splitting prohibitions in certain states.
For example, New York has stringent corpo-
rate practice of medicine and fee-splitting
statutes that do not permit physicians to
share professional fees with non-healthcare
professionals. Obtaining the advice of coun-
sel knowledgeable in such transactions is
crucial to appropriately structure any merg-
er or acquisition to comply with all appli-
cable state and federal laws.
Entering into an agreement to sell or merge
one’s practice with a publicly-traded or
venture capital-backed physician practice
group is not an easy decision to make, nor
one that should be undertaken without
careful reflection and analysis. Understand-
ing the nuances of such transactions, par-
ticularly the valuation and regulatory con-
siderations that drive such transactions, are
critical to negotiating favorable terms and
getting back to what matters – practicing
good medicine.
John D. Fanburg chairs the health law practice, and
Leonard Lipsky is an associate in the health law
practice of Brach Eichler L.L.C., a Roseland, NJ-
based law firm. Contact Mr. Fanburg at jfanburg@
bracheichler.com or at 973-403-3107. Mark Taffet is
the President and CEO of Mast Advisors and can
be reached at [email protected] or at
973-718-7341.
From the purchaser’s standpoint, there are three
critical points of analysis, which are often intertwined,
that help determine if they will complete a transaction
and what they want to pay for the physician practice:
Quality of Earnings, Synergy and Scalability.
12 New Jersey Physician
Finance
Have you been approached to join an Accountable Care Organization
(ACO), or have you considered forming your own? By now, most of
us should have heard the term ACO, whose concept was introduced in
Section 3022 of the Affordable Care Act (ACA). The goal of an Accountable
Care Organization as stated by Dr. Donald M. Berwick, Administrator
for the Center for Medicare and Medicaid Series, is “Triple Aim” which
means better care for individuals, better health for populations, and lower
growth in expenditures. These goals should be achieved by groups of
providers of services and suppliers (i.e. physician groups, individual
physicians, hospitals, etc.) working together to manage and coordinate
care for Medicare beneficiaries, increasing the quality of patient care
while decreasing patient care costs. Much of the talk to date has been
very conceptual. However, recently proposed rules were issued that
give us some additional detail as to how Medicare intends to implement
this program. Being a CPA this article’s objective is to illustrate a basic
calculation of how savings or losses are determined, so those considering
participation in an ACO can determine if this is a financial arrangement
that should be considered.
In the ACO model, the third prong of the “Triple Aim” is lowering the
growth of expenditures for Medicare beneficiaries. Medicare’s objective
isto reduce the per capita expenditures per Medicare beneficiary for Part
A (hospitals and facilities) and Part B services (physicians and other
providers). Savings will be achieved by the ACO if the expenditures per
their assigned beneficiaries are less than the benchmark set by Medicare.
The benchmark will be calculated by using the most recently available
three years per beneficiary expenditures for Medicare Part A and Part
B services. This benchmark will be adjusted to reflect risk factors (i.e.
diabetes or other chronic illness), geographical area, and growth factors.
In addition the benchmark would be adjusted for a minimum savings
rate, which means the ACO would have to beat the benchmark, plus
obtain savings of a minimal amount. The minimum savings rate for a
Track 1 ACO is based upon the number of beneficiaries assigned to the
ACO and ranges from 3.9% down to 2%, where as the Track 2 minimum
savings rate is a flat 2%. The actual costs per the Medicare beneficiaries
assigned to the ACO would then be compared to the adjusted benchmark
to calculate the shared savings or losses. Participants in an ACO (i.e.
physician groups, individual physicians, hospitals, etc) would still be paid
on a fee for service basis for the services they rendered under their own
business entity. The ACO would only receive the savings achieved, or be
responsible for the losses incurred.
Under the proposed rules participation in an ACO is a three year
agreement with a choice of two “tracks” for participation in the shared
savings or losses. Under Track 1 (One Sided Model), the ACO can share
in up to 50% of the savings based upon quality performance, with no
downside risk for years one and two, but in year three the ACO would
be responsible for losses, essentially converting to Track 2. Under Track
2 ( Two Sided Model), the ACO can share in up to 60% of the savings
based upon quality performance, however the ACO would be subject to
losses startingin year one.Shared savings under both tracks are limited to
7.5% of the benchmark for Track 1 and 10% of the benchmark for Track
2. Losses for Track 2 are limited and phased in as a percentage of the
benchmark starting at 5% for year 1, 7.5% for year 2 and 10% in year 3. Any
savings realized by an ACO would be subject to a 25% withholding, in case
they were losses in future years. Those considering Track 2 may also be
required to obtain reinsurance or surety bonds, place funds in escrow,
or establish a line of credit to cover any losses that may exceed the 25%
withholding.
Considering an ACO?Financial Advantages or Consequences, You Decide.By Deirdre Hartmann, CPA and Manager – Nisivoccia & Company, LLP
Calculation of Shared Savings Year 1 Track 1 Track 2
Assumed benchmark per Medicare ACO beneficiary 8,000 8,000
Minimum savings rate 3.2% 2.0%
Minimum savings adjustment 256 160
Benchmark less minimum savings adjustment 7,744 7,840
Acutal costs per Medicare ACO benficiary 6,500 6,500
Shared savings 1,244 1,340
ACO shared savings rate 50% 60%
Calculated Savings 622 804
Maximum Savings Cap as % of Benchmark 7.5% 10%
Benchmark 8,000 8,000
Maximum savings cap 600 800
Payment from CMS to ACO, lesser of calculated savings or
maximum savings cap
600 800
Calculation of Shared Losses Year 1 Track 1 Track 2
Assumed benchmark per Medicare ACO beneficiary 8,000 8,000
Minimum loss rate 0% 2%
Minimum loss adjustment - 160
Benchmark plus minimum loss adjustment 8,000 8,160
Acutal costs per Medicare ACO benficiary 8,800 8,800
Shared losses (800) (640)
ACO shared loss rate N/A 40%
Calculated losses (256)
Maximum Loss Cap as % of Benchmark, increases to
7.5% in Yr 2, and 10% in Yr 3
N/A -5%
Benchmark 8,000
Maximum loss cap (400)
Payment from ACO to CMS, lesser of calculated losses or
maximum loss cap
- (256)
New Jersey Physician 13
Finance
Practical Considerations in Merging a Practice in Today’s Healthcare EnvironmentBy Steven Mizrach, CPA
As you can see, the proposed rules are very
complex and confusing.I have prepared an
illustration comparing Track 1 and Track 2 in
a year with savings, and another illustration
comparing Track 1 and Track 2 in a year
with losses. This illustration demonstrates
the savings or losses per ACO beneficiary,
depending on the number of beneficiaries
assigned to your ACO (the minimum is 5,000)
the total savings or losses per beneficiary would
be multiplied by the number of participants in
your ACO. This illustration doesn’t take into
account the costs to establish an ACO, the plan
for how savings will be distributed among the
participants, and other related costs. Stayed
tuned, I am sure there will be more to come.
Deirdre M. Hartmann is CPA and Manager
of Nisivoccia & Company, LLP, a multi-
dimensional CPA firm with offices in Mt.
Arlington and Newton, New Jersey. The firm
offers traditional tax, accounting and audit
services, and maintains practice specialties
in sectors including healthcare, technology,
municipal government, education, nonprofit
and financial services. Contact her at
As we all know it is more difficult than ever
to practice medicine in today’s ever changing
environment.
Not only are practices facing a shortage of
physicians as today’s generation places a
greater priority on lifestyle issues, the demand
for certain specialties has never been higher.
Coupling this with an increased emphasis on
regulatory compliance and healthcare reform
as well as the formation of new business models
such as Accountable Care Organizations
(ACOs), some practices have evolved from
relatively small businesses into sophisticated
organizations.
By now you must be wondering when I would
finally mention the impact of the reduction
in reimbursement rates for services and the
pressure organizations face having built their
business models around the out of network
market.
Practices are running an obstacle course that
would make a Marine proud. As a result of these
developments many practices are considering
joining forces, swimming upstream or selling
out.
Target Practice’s Objectives
In order for a group to consider changing
their business model by merging with another
practice it is important to clearly define the
goals that a practice would hope to achieve
as a result of the combination as well as the
likelihood of success.
Some of the objectives that should
be considered are as follows:
Relief of Management Overload
Many practices are ill equipped to face the
issues discussed above as many doctors
“just want to practice medicine” and might
welcome being relieved of these administrative
responsibilities.
Recruitment and Greater Access
to Resources
Given the shortage of physicians, many
practices are facing the challenge of recruiting
others to join their practice. The question
that I often ask our clients is whether they
would want to join their practice if they had
just completed their residency. This in effect
becomes the practice’s “gut check”.
In addition to staff many practices are limited
from purchasing the “latest and greatest” in
medical equipment, software systems and other
technology that enable practices to perform
at its highest level as these expenditures
cannot be cost justified based on its projected
utilization.
Succession Plan
A common concern among many smaller
practices is a lack of future leaders within their
practice that can carry on when the founders
retire or have an illness.
This causes various levels of concern
The founders would like to realize a retirement
benefit from the sale of their interests.
The founders would like to preserve the legacy
of their practice.
How will the practice survive if one of the
physicians is temporarily incapacitated and
just as importantly how will the rest of the
employees can maintain their positions?
If these objectives are met and things go
according to plan one should expect to
increase their earnings as well as improve the
overall quality of patient care delivered while
also providing insulation from the risks referred
to above.
I would like to point out that as most things in
life there will often be a need to compromise
between having security while relinquishing
autonomy.
In our next article we will discuss the acquirer’s
objectives as well as identify certain precautions
that one should consider in finding the right match.
14 New Jersey Physician
Statehouse
NEW JERSEYSTATEHOUSE
Governor Chris Christie signed first-in-the-nation legislation today
to protect the health of newborns from potentially life-threatening
congenital birth defects by requiring all inpatient or ambulatory
health care facilities licensed by the Department of Health and Senior
Services to perform pulse oximetry screenings. The screenings
must be completed a minimum of 24 hours after birth and on every
newborn at a facility. The legislation makes New Jersey the first state
to mandate pulse oximetry testing on newborns statewide.
“As the father of four, I know the birth of a child should be a joyous
occasion for parents and family,” said Governor Christie. “There are
times when an infant does not readily exhibit symptoms of a potential
defect and the condition may not be detected in a routine exam. This
legislation will help identify infants who may have hidden, serious
heart problems before they leave the hospital, making a significant
difference in the lives of these babies, their families and their treating
physicians.”
Pulse oximetry is a non-invasive, low-cost test used to identify
congenital birth defects in newborns. It measures the percent of
oxygen in the blood of an infant and whether a baby’s heart and lungs
are healthy. The screening involves taping a sensor to the newborn’s
foot that beams red light through the foot to measure blood oxygen
content.
“Before they leave the hospital, the 102,000 babies born in our state
each year will now have a simple, painless screening test to ensure
that any hidden, but potentially life-threatening heart defects will
be detected,” said Health and Senior Services Commissioner Mary
O’Dowd, who is expecting her first child in a few weeks.
“We expect the pulse oximetry test to detect about 100 congenital
heart defects in infants each year, enabling early treatment and
preventing life-threatening injury or death,” O’Dowd said.
According to the United States Secretary of Health and Human
Services’ Advisory Committee on Heritable Disorders in Newborns
and Children, congenital heart disease affects approximately seven to
nine of every 1,000 live births in the United States and Europe. About
100 heart defects a year are detected in newborns in New Jersey.
The federal Centers for Disease Control and Prevention report that
congenital heart defects are the leading cause of infant death due to
birth defects. When left untreated, congenital birth defects may cause
physical and mental disabilities, or even death.
Sponsors of the legislation in the Assembly include Assemblypersons
Jason O’Donnell (D-Hudson), Connie Wagner (D-Bergen) and Ruben
J. Ramos, Jr. (D-Hudson). Senate version sponsors are Senators
Richard J. Codey (D-Essex) and Joseph F. Vitale (D—Middlesex).
From the Office of the Governor:
Governor Christie Signs First in the Nation Legislation to Monitor Newborns
New Jersey Physician 15
NEW JERSEY STATEHOUSE State of New JerseyDepartment of Health and Senior Services / Department of Human ServicesHospital Funding As of 02/25/2011
Charity Care HRSF GMESFY 2011 665,000,000$ 166,600,000$ 60,000,000$ SFY 2012 675,000,000$ -$ 90,000,000$
$10,000,000 $30,000,000
Diff SFY 12 vs. 11Hospital Name CC HRSF GME TOTAL CC HRSF GME TOTAL Difference
Atlanticare Regional Medical Center 23,988,962$ 7,611,734$ 1,084,783$ 32,685,479$ 24,514,139$ 6,790,083$ 1,621,741$ 32,925,964$ 240,485$ Bayonne Medical Center 2,903,745$ -$ -$ 2,903,745$ 3,072,956$ 9,723$ -$ 3,082,679$ 178,933$ Bayshore Community Hosp 259,330$ -$ -$ 259,330$ 386,800$ 25,164$ -$ 411,964$ 152,634$ Bergen Regional Medical Center 37,538,860$ 13,020,588$ -$ 50,559,448$ 37,238,107$ 14,277,423$ 371,097$ 51,886,627$ 1,327,179$ Cape Regional Medical Center 912,022$ -$ -$ 912,022$ 1,024,183$ 328,278$ -$ 1,352,461$ 440,439$ Capital Health System at Fuld 20,657,267$ 4,906,980$ 473,602$ 26,037,849$ 21,111,364$ 3,612,185$ 950,143$ 25,673,692$ (364,157)$ Capital Health System at Mercer 7,588,307$ 2,403,061$ 47,262$ 10,038,630$ 7,812,232$ 2,004,479$ 75,611$ 9,892,322$ (146,308)$ CentraState Medical Center 2,112,872$ -$ 143,388$ 2,256,260$ 2,317,777$ 470,112$ 144,019$ 2,931,908$ 675,648$ Chilton Memorial Hospital 609,609$ -$ -$ 609,609$ 611,992$ 133,256$ -$ 745,248$ 135,639$ Christ Hospital 12,405,014$ 1,963,712$ 210,181$ 14,578,908$ 12,763,158$ 2,241,729$ 340,484$ 15,345,371$ 766,464$ Clara Maass Medical Center 4,591,963$ 2,256,399$ -$ 6,848,362$ 4,424,661$ 2,877,028$ -$ 7,301,689$ 453,327$ Community Medical Center 2,644,564$ -$ -$ 2,644,564$ 2,836,177$ 464,965$ -$ 3,301,142$ 656,578$ Cooper Hospital / Univ Med Ctr 35,543,600$ 7,757,211$ 7,586,681$ 50,887,492$ 35,881,989$ 6,218,870$ 9,709,459$ 51,810,318$ 922,826$ Deborah Heart and Lung Center 6,880,595$ -$ -$ 6,880,595$ 6,856,916$ 572$ 96,411$ 6,953,899$ 73,304$ East Orange General Hospital 11,474,716$ 3,901,771$ -$ 15,376,487$ 11,328,636$ 2,749,701$ -$ 14,078,337$ (1,298,150)$ Englewood Hospital and Medical Center 1,422,994$ -$ -$ 1,422,994$ 1,350,122$ 426,075$ 156,577$ 1,932,774$ 509,780$ Hackensack University Medical Center 8,572,904$ -$ 3,198,497$ 11,771,401$ 9,409,011$ 1,462,953$ 3,116,569$ 13,988,533$ 2,217,132$ Hackettstown Regional Medical Center 166,996$ -$ -$ 166,996$ 298,061$ 176,721$ -$ 474,782$ 307,787$ Hoboken University Medical Center 15,054,329$ -$ 285,454$ 15,339,783$ 15,464,202$ 1,078,602$ 494,640$ 17,037,445$ 1,697,662$ Holy Name Hospital 934,175$ -$ -$ 934,175$ 964,209$ 299,682$ -$ 1,263,891$ 329,716$ Hunterdon Medical Center 1,590,677$ -$ -$ 1,590,677$ 1,660,072$ 126,393$ 31,371$ 1,817,835$ 227,157$ Jersey City Medical Center 48,064,130$ 8,906,357$ 2,059,140$ 59,029,627$ 48,905,236$ 7,700,781$ 3,880,519$ 60,486,536$ 1,456,908$ Jersey Shore University Medical Center 4,791,768$ -$ 1,867,509$ 6,659,277$ 5,089,296$ 3,578,428$ 2,548,996$ 11,216,720$ 4,557,444$ JFK Medical Center / Anthony M. Yelencsics 3,792,747$ -$ -$ 3,792,747$ 4,350,397$ 423,787$ 102,956$ 4,877,140$ 1,084,392$ Kennedy Hospitals / UMC 10,843,553$ 7,550,486$ 3,516,270$ 21,910,309$ 10,413,583$ 6,182,034$ 4,381,288$ 20,976,905$ (933,403)$ Kimball Medical Center 10,202,328$ 5,263,629$ -$ 15,465,957$ 10,102,200$ 5,132,827$ -$ 15,235,027$ (230,930)$ Lourdes Medical Center of Burlington County 2,570,579$ 2,212,838$ 71,256$ 4,854,673$ 2,640,992$ 2,058,510$ 124,324$ 4,823,825$ (30,848)$ Meadowlands Hospital Medical Center 542,138$ -$ -$ 542,138$ 743,876$ 224,762$ -$ 968,637$ 426,500$ Memorial Hosp of Salem County 261,687$ -$ -$ 261,687$ 480,840$ 192,735$ -$ 673,574$ 411,887$ Monmouth Medical Center 9,018,124$ 9,222,535$ 2,251,276$ 20,491,936$ 8,655,034$ 7,915,215$ 3,308,226$ 19,878,475$ (613,460)$ Morristown Memorial Hospital 3,276,312$ -$ -$ 3,276,312$ 2,696,923$ 464,965$ 661,797$ 3,823,685$ 547,373$ Mountainside Hospital 1,287,806$ -$ -$ 1,287,806$ 1,193,612$ 274,518$ 127,025$ 1,595,155$ 307,349$ Newark Beth Israel Medical Center 33,340,270$ 15,750,774$ 9,770,435$ 58,861,479$ 34,787,887$ 12,508,535$ 11,963,675$ 59,260,097$ 398,618$ Newton Memorial Hospital 914,546$ -$ -$ 914,546$ 1,050,254$ 150,985$ -$ 1,201,239$ 286,692$ Ocean Medical Center 1,359,148$ -$ -$ 1,359,148$ 1,210,126$ 285,384$ -$ 1,495,511$ 136,362$ Our Lady of Lourdes Medical Center 2,594,416$ 2,918,647$ 658,420$ 6,171,483$ 3,042,958$ 2,413,287$ 1,048,975$ 6,505,219$ 333,736$ Overlook Hospital 1,523,635$ -$ -$ 1,523,635$ 1,365,238$ 281,953$ 178,807$ 1,825,998$ 302,363$ Palisades Medical Center 7,106,905$ -$ -$ 7,106,905$ 7,081,675$ 946,516$ -$ 8,028,190$ 921,286$ Raritan Bay Medical Center 10,934,106$ 2,238,016$ 397,706$ 13,569,828$ 11,508,623$ 2,465,839$ 627,785$ 14,602,248$ 1,032,420$ Riverview Medical Center 2,770,892$ -$ -$ 2,770,892$ 2,492,126$ 285,384$ -$ 2,777,511$ 6,619$ RWJ University Hospital 8,708,149$ 5,898,678$ 7,825,417$ 22,432,244$ 8,264,328$ 4,008,967$ 10,592,929$ 22,866,224$ 433,979$ RWJUH at Hamilton 606,142$ -$ -$ 606,142$ 622,666$ 218,471$ -$ 841,137$ 234,994$ RWJUH at Rahway 1,687,759$ -$ -$ 1,687,759$ 1,827,281$ 1,716$ -$ 1,828,997$ 141,238$ Saint Barnabas Medical Center 1,296,793$ -$ -$ 1,296,793$ 1,028,493$ 491,845$ 471,846$ 1,992,184$ 695,391$ Saint Clare's Hospital / Denville 11,023,812$ 5,350,245$ -$ 16,374,057$ 11,143,641$ 5,650,378$ -$ 16,794,019$ 419,962$ Saint Clare's Hospital / Sussex 334,318$ -$ -$ 334,318$ 386,641$ 4,003$ -$ 390,644$ 56,327$ Saint Francis Medical Center (T) 14,707,292$ 1,797,990$ 235,571$ 16,740,853$ 14,383,534$ 1,277,220$ 382,740$ 16,043,494$ (697,359)$ Saint Joseph's Regional Medical Center 73,269,763$ 11,026,618$ 7,384,309$ 91,680,690$ 73,610,785$ 10,876,963$ 9,225,481$ 93,713,229$ 2,032,539$ Saint Joseph's Wayne Hospital 351,906$ -$ -$ 351,906$ 345,399$ -$ -$ 345,399$ (6,507)$ Saint Mary's Hospital (P) 10,459,129$ 1,976,958$ -$ 12,436,087$ 10,778,375$ 2,315,861$ 3,125$ 13,097,360$ 661,273$ Saint Michael's Medical Center 25,430,422$ 7,990,679$ 1,797,770$ 35,218,870$ 26,241,712$ 6,757,836$ 2,910,372$ 35,909,920$ 691,050$ Saint Peter's University Hospital 6,550,730$ 6,718,773$ 2,254,273$ 15,523,776$ 5,819,520$ 4,564,176$ 2,669,652$ 13,053,348$ (2,470,428)$ Shore Memorial Hospital 785,942$ -$ -$ 785,942$ 930,368$ 366,596$ -$ 1,296,964$ 511,022$ Somerset Medical Center 3,351,870$ -$ -$ 3,351,870$ 3,279,722$ 336,857$ 71,563$ 3,688,141$ 336,272$
SFY 2012
SFY 2011 SFY2012
s:\hsp\nos\GME\Hospital Funding Gov SFY12 Budget Impact Summary 2-25-11.xls: Summary Page 1 of 2 1/17/08
Hospital Funding As of 02/25/2011
Charity Care HRSF GMESFY 2011 665,000,000$ 166,600,000$ 60,000,000$ SFY 2012 675,000,000$ -$ 90,000,000$
$10,000,000 $30,000,000
Diff SFY 12 vs. 11Hospital Name CC HRSF GME TOTAL CC HRSF GME TOTAL Difference
SFY 2012
SFY 2011 SFY2012
South Jersey Healthcare / Elmer 167,298$ -$ -$ 167,298$ 305,066$ 64,626$ -$ 369,692$ 202,394$ South Jersey Healthcare Regional MC 1,863,184$ 2,532,124$ -$ 4,395,307$ 2,422,113$ 4,439,774$ 29,135$ 6,891,022$ 2,495,715$ Southern Ocean Cty Hosp 320,265$ -$ -$ 320,265$ 434,831$ 145,838$ -$ 580,669$ 260,404$ Trinitas Hospital 43,174,408$ 6,374,168$ 1,328,460$ 50,877,036$ 44,015,815$ 9,682,060$ 2,187,794$ 55,885,669$ 5,008,633$ Underwood Memorial Hosp 1,324,443$ -$ -$ 1,324,443$ 1,663,569$ 768,438$ 56,805$ 2,488,812$ 1,164,369$ University Hospital - UMDNJ 99,298,190$ 19,049,028$ 5,298,079$ 123,645,298$ 101,012,076$ 13,797,463$ 14,804,084$ 129,613,624$ 5,968,326$ University Medical Center at Princeton 1,031,756$ -$ 254,261$ 1,286,017$ 1,094,389$ 332,281$ 337,888$ 1,764,558$ 478,541$ Valley Hospital 745,118$ -$ -$ 745,118$ 610,058$ 152,701$ -$ 762,759$ 17,641$ Virtua - Mem Hsp of Burlington County 2,026,639$ -$ -$ 2,026,639$ 2,132,881$ 712,031$ 45,231$ 2,890,144$ 863,505$ Virtua - West Jersey Health System 2,496,703$ -$ -$ 2,496,703$ 2,382,691$ 346,579$ 109,959$ 2,839,228$ 342,525$ Warren Hospital 877,176$ -$ -$ 877,176$ 1,126,408$ 26,880$ 38,901$ 1,192,189$ 315,013$ Wm. B. Kessler Mem Hosp 62,200$ -$ -$ 62,200$ -$ -$ -$ -$ (62,200)$ TOTALS: 665,000,000$ 166,600,000$ 60,000,000$ 891,600,000$ 675,000,000$ 166,600,000$ 90,000,000$ 931,600,000$ 40,000,000$
Diff SFY 12 vs. 11Hospital Systems CC HRSF GME Total CC HRSF GME Total Difference
Atlantic Health System 4,799,947$ -$ -$ 4,799,947$ 4,062,161$ 746,918$ 840,604$ 5,649,683$ 849,736$ AtlantiCare Health System 23,988,962$ 7,611,734$ 1,084,783$ 32,685,479$ 24,514,139$ 6,790,083$ 1,621,741$ 32,925,964$ 240,485$ Adventist HealthCare Inc. 166,996$ -$ -$ 166,996$ 298,061$ 176,721$ -$ 474,782$ 307,787$ Capital Health System 28,245,574$ 7,310,041$ 520,864$ 36,076,479$ 28,923,595$ 5,616,664$ 1,025,754$ 35,566,014$ (510,465)$ Catholic Health East 45,302,709$ 14,920,154$ 2,763,017$ 62,985,880$ 46,309,196$ 12,506,852$ 4,466,411$ 63,282,459$ 296,579$ Kennedy Health System 10,843,553$ 7,550,486$ 3,516,270$ 21,910,309$ 10,413,583$ 6,182,034$ 4,381,288$ 20,976,905$ (933,403)$ Liberty HealthCare Systems, Inc. 48,064,130$ 8,906,357$ 2,059,140$ 59,029,627$ 48,905,236$ 7,700,781$ 3,880,519$ 60,486,536$ 1,456,908$ Meridian Health Systems 9,501,403$ -$ 1,867,509$ 11,368,912$ 9,613,179$ 4,320,199$ 2,548,996$ 16,482,374$ 5,113,462$ Merit Health Systems 1,287,806$ -$ -$ 1,287,806$ 1,193,612$ 274,518$ 127,025$ 1,595,155$ 307,349$ Raritan Bay Health Services 10,934,106$ 2,238,016$ 397,706$ 13,569,828$ 11,508,623$ 2,465,839$ 627,785$ 14,602,248$ 1,032,420$Robert Wood Johnson Health System 11,002,050$ 5,898,678$ 7,825,417$ 24,726,145$ 10,714,275$ 4,229,153$ 10,592,929$ 25,536,357$ 810,212$ Saint Barnabas Health Care System 61,094,042$ 32,493,337$ 12,021,711$ 105,609,090$ 61,834,451$ 29,390,415$ 15,743,748$ 106,968,614$ 1,359,523$ Saint Clare's Health Services 11,358,130$ 5,350,245$ -$ 16,708,375$ 11,530,282$ 5,654,382$ -$ 17,184,663$ 476,288$ Solaris Health System 3,792,747$ -$ -$ 3,792,747$ 4,350,397$ 423,787$ 102,956$ 4,877,140$ 1,084,392$ South Jersey Healthcare System 2,030,482$ 2,532,124$ -$ 4,562,605$ 2,727,179$ 4,504,400$ 29,135$ 7,260,715$ 2,698,110$ St. Joseph's Healthcare System 73,621,668$ 11,026,618$ 7,384,309$ 92,032,596$ 73,956,184$ 10,876,963$ 9,225,481$ 94,058,628$ 2,026,032$ Virtua Health System 4,523,342$ -$ -$ 4,523,342$ 4,515,572$ 1,058,610$ 155,189$ 5,729,372$ 1,206,030$
Total 350,557,648$ 105,837,790$ 39,440,726$ 495,836,164$ 355,369,726$ 102,918,322$ 55,369,561$ 513,657,609$ 17,821,445$
2008 Closed HospitalsMuhlenberg Regional Medical CenterColumbus HospitalSt. James HospitalGreenville Hospital
SFY2012SFY 2011
s:\hsp\nos\GME\Hospital Funding Gov SFY12 Budget Impact Summary 2-25-11.xls: Summary Page 2 of 2 1/17/08
State Hospital Funding 2011-2012
16 New Jersey Physician
Hospital Rounds
Call for Applications for New Bergen County General Hospital
LHP and Hackensack University Medical Center Announce CEO of Hackensack University Medical Center at Pascack ValleyRichard Freeman Named to Reopen Former Pascack Valley Hospital
On June 1, 2011, in response to the New Jersey
Department of Health and Senior Services’ call
for applications for a new general hospital in
Bergen County, Hackensack University Medical
Center (HUMC) submitted a Certificate of Need
application for review. HUMC’s application
strongly demonstrates the need for a proposed
128-bed, acute care community hospital in
Westwood; restoring much needed hospital
services to the Pascack Valley and Northern
Valley communities formerly served by the
Pascack Valley Hospital.
In 2007, Pascack Valley Hospital (PVH) closed
due to poor management and overexpansion
precipitated a bankruptcy. Since 2008, HUMC
has operated a satellite emergency department
at Pascack Valley, but the healthcare needs of
this community extend far beyond the limited
services currently available at this facility.
Access to convenient, comprehensive hospital
services is essential.
The application to open HUMC at Pascack
Valley, provides a strong, in depth, need-
based analysis addressing the criteria for a
new hospital as outlined in the call issued on
February 18, 2011.
In addition, there is continued, widespread
community support to open a hospital in
Westwood. During a November 2009 general
election, a referendum appeared on the public
ballot with an overwhelming 75% supporting
the reopening of a hospital in Westwood.
Hackensack University Medical Center looks
forward to a constructive application process,
and is focused on opening Hackensack
University Medical Center at Pascack Valley.
LHP Hospital Group, Inc. (LHP) and
Hackensack University Medical Center (HUMC)
today announced that Richard S. Freeman has
been named CEO of Hackensack University
Medical Center at Pascack Valley (HUMC-PV).
HUMC and LHP formed a joint venture in 2009
to reopen the former Pascack Valley Hospital in
Westwood, NJ, which was closed in April 2008.
This announcement follows yesterday’s filing
of the Certificate of Need application on behalf
of LHP and HUMC, doing business as Pascack
Valley Health System, LLC.
“I am thrilled to have Rich Freeman come
aboard as we work to restore the much
needed hospital services to Pascack Valley
and Northern Valley,” said Robert C. Garrett,
president and chief executive officer of
Hackensack University Medical Center. “His
proven leadership experience will help us to
bring high quality care to Westwood, while
maintaining the close-knit community once
familiar at Pascack Valley Hospital.”
Freeman recently served as the COO of Beth
Israel Medical Center in New York City, where
he was responsible for the ongoing operations
of the two campus, 1,200-bed major academic
community hospital. Prior to his tenure at Beth
Israel, Freeman held a number of positions
with Tenet Healthcare as the CEO of Medical
College of Pennsylvania, Vice President of
the Tenet Louisiana Operations, and CEO of
Delray Community Hospital. Freeman began
his healthcare career with National Medical
Enterprises (now Tenet) and held regional
positions in California in addition to several
CEO and COO positions in Florida and
Louisiana.
“Rich Freeman is an outstanding, experienced
hospital administrator, and we are fortunate
to have him join the LHP team in this critical
leadership role. Rich has had a very successful
career of working with physicians and
employees to deliver high quality patient care
to the communities we serve,” said Dan Moen,
LHP CEO.
New Jersey Physician 17
Hospital Rounds“I am honored to join the teams at LHP
and Hackensack University Medical Center.
LHP is recognized nationally as a leader in
collaborating with physicians and employees.
LHP’s strategy of forming joint ventures with
not-for-profit hospitals is unique and well-
respected throughout the healthcare industry,”
said Freeman. “Hackensack University Medical
Center is one of the most outstanding systems
in our nation based on any quality measure.
They have been recognized regularly for care
quality, outcomes, and clinical research-both
locally and nationally, and we are fortunate
to benefit from their clinical expertise and
standards. The people of Westwood and the
surrounding communities deserve to have
their local hospital reopened. It is a privilege
for me to be on the team that will respond to
the overwhelming support this project has
enjoyed,” Freeman went on to say.
Freeman holds an MBA from Temple University,
where he was awarded the Kellogg Grant for
Hospital Administration, and completed his BS
degree at LaSalle College in Philadelphia. He
and his wife, Lisa, have three children: Michael,
30; Lauren, 28 and Nick, 19.
Amyloidosis Treatment at Newark Beth Israel Medical Center Gives Union City Man a Second LifeWhen Ricardo Negron, 52 of Union City, NJ,
rides his stationary bike he leaves the memory
of heart failure further and further behind. After
he was diagnosed with amyloidosis earlier this
year, specialists at Newark Beth Israel Medical
Center were able to arrest the production of
amyloid protein that destroyed his heart and
perform a heart transplant.
Mr. Negron had felt his life waning for two years
but doctors could not find the problem. “I used
to walk a mile and a half to work but suddenly
I was so exhausted that just taking a shower
was a mission. None of the medications helped
me,” he remembers.
Mr. Negron has primary AL amyloidosis, a rare
blood disorder that results in production of
abnormal protein (amyloid) that is deposited
as fibers on organs such as the heart, kidneys,
nerves and intestines. Because the condition
is uncommononly about 3,000 American are
diagnosed each yearmost physicians have
little experience diagnosing or treating the
condition.
“In patients with unexplained heart failure,
gastrointestinal symptoms or neuromuscular
disorders, a diagnosis of amyloidosis should
be considered,” said Indu Sabnani, MD,
hematologist/oncologist at Newark Beth Israel
Medical Center. There are many different kinds
of amyloidosis which can be hereditary or
acquired.
“When I met Mr. Negron his heart was
functioning at 15 percent of its normal
capacity,” said Mark J. Zucker, MD, JD, Director
of the Heart Failure Treatment and Transplant
Program at Newark Beth Israel Medical Center.
A biopsy was performed, the only definitive
test for amyloidosis. “The walls of his heart
were stiff from the deposit of starchy material,”
explained Dr. Zucker.
The national Amyloidosis Foundation
recognizes Newark Beth Israel Medical Center
as experienced in diagnosing and treating
this condition that requires a symphony of
amyloid specialists in cardiology, hematology,
gastroenterology, neurology, nephrology,
pulmonology and pathology. “Until recently,
AL amyloidosis was considered incurable,”
said Dr. Sabnani. “Research studies in stem
cell transplantation are showing good results
and now offer hope to people with ‘stiff heart
syndrome.’”
The team at Newark Beth Israel fully evaluated
Mr. Negron’s disease among the many types
of amyloidosis and planned specific treatment
aimed at reducing the abnormal cells that
produce the amyloid while managing the heart
failure it caused.
The husband and father of three received a heart
transplant in April, only a month after being
listed as a heart transplant candidate. Today,
Mr. Negron is walking his wife to work early in
the morning, riding up to 12 miles a day on his
stationary bike and taking the stairs whenever
he can. After he is fully recoverd from transplant
surgery, the Newark Beth Israel specialists have
recommended a stem cell transplant that could
completely cure his disease.
About the Heart Center at Newark Beth Israel Medical Center
The Heart Center at Newark Beth Israel Medical Center provides New Jersey residents with access to one of the nation’s finest and most comprehensive cardiovascular programs that was ranked among the nation’s 50 best in Heart and Heart Surgery by U.S .News & World Report’s America’s Best Hospitals for two consecutive years and top in New Jersey in 2010- 2011. The Heart Failure Treatment and Transplant Program is the fifth most active in the country, with long-term survival rates that consistently exceed national benchmarks. Highly specialized care includes minimally invasive and robotic-assisted cardiac procedures, state-of-the-art technology that provides astounding images of the heart for more precise diagnosis, and the latest generation of ventricular assist devices designed to take over the pumping action for a diseased heart.
18 New Jersey Physician
Food for Thought
This is not so much about the food, although
I will gladly share some “tidbits.” For me,
this is about enjoying the company of
women friends. I’m not just talking about
best friends, whom you see all the time and
have known forever. I’m talking about those
women you’ve met along the way, perhaps at
work, or maybe through your children and it
might have started with a cup of coffee or an
extended phone conversation, then suddenly,
a relationship is born. I am fortunate to be the
member of a foursome of women who meet a
few times during the year to share a meal and
anything else that comes to mind. This has
been going on for many years and we have
seen each other through a lot.
Since we all live in Livingston, we usually do
try to stay local. Last week we met at Cocco
Bello Café which is a popular spot for good
Italian cuisine with those who live in the area
and it has actually developed a following of
diners who travel from farther away, as I have
been told. The proprietors know many of the
regulars and the atmosphere is family-like and
warm. There is nice greeting when you arrive
and the service is always attentive.
I won’t mention names but our group is
an interesting mix. There’s a physician, an
educator, a children’s textbook editor and a
healthcare magazine publisher (that would
be me, of course). We’ve been through the
death of three parents, one divorce, two bouts
of cancer, three career moves, marriages of
children, divorce of children, anything and
everything we need to vent about children,
birth of grandchildren, husband’s illnesses,
anything and everything we need to vent
about husbands and menopause- to name
only some of the added spice that is served
with the food.
With the exception of one of these women,
with whom I share a special relationship
outside of the group, we don’t call each other
regularly. Months can go by when we don’t
see each other at all. Then the email comes.
By Iris Goldberg
Cocco Bello Café Livingston, New Jersey
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New Jersey Physician 19
“Ladies, it’s been too long!” One of us gets the ball rolling
and a dinner date is made.
This last time came after many months had passed. There
was so much to catch up on. We began with two salads
for the four of us. One, a salad of mixed greens, endive,
radicchio and walnuts in an oil and vinegar dressing
topped with imported gorgonzola cheese and the other,
a “Della Casa” salad consisting of mixed baby greens
with artichoke hearts, marinated black olives, hearts of
palm, roasted peppers and fresh mozzarella in a balsamic
vinaigrette.
By the time our salads were eaten we had covered a
home improvement project in one of the women’s home,
my daughter Jenna’s upcoming wedding, an unfortunate
health development with an encouraging treatment plan for
another who, by the way, is leaving for a lovely European trip
at the end of the month, despite her illness and an update on
all grandchildren. It’s amazing how fast and how much you
can communicate while your mouth is full.
Okay, for those who actually read this column for the
food, here’s what we had for the main course. I’m sorry
to have to tell you but three of us ordered the same dish.
We couldn’t resist. As a Special of the Day, Cocco Bello
was serving soft shell crabs that are only available in
season. They were large in size, fried and served on top
of angel hair pasta in a zesty marinara sauce. The crabs
were cooked perfectly and the marinara had quite a zing. I
really enjoyed this dish. The fourth member of the group
also had one of the Specials. I believe it was half a duckling
served with a luscious black cherry glaze. I do remember
that she thought it was superb.
By the time our meal was over we had caught up on
absolutely everything. What a relief to talk it all out and
then file it back where it belonged. We always say that
we won’t let too much time pass before our next dinner.
But we always do. One thing’s for sure. When we meet
again, there will be much more to discuss and wherever
we decide to eat, the evening with my women friends will
definitely not be about the food.
As far as Cocco Bello goes, it’s a worthwhile BYO place
for a casual Italian-style, moderately priced dinner that
is well-prepared and attentively served in a comfortable
setting. Perhaps I’ll write about it again when I go there
with Michael. Although I do enjoy my dinners out with
him, they usually aren’t cathartic experiences, so I will be
able to pay more attention to my meal, his meal and the
rest of the food on the menu.
Cocco Bello Café is located at 155 South Livingston
Avenue. (973) 992-1999
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20 New Jersey Physician
In The News
Medicare uses inaccurate, unreliable data to pay
doctors and hospitals, the National Academy of
Sciences said.
Although Medicare is a national program, it
adjusts payments to health care providers to
reflect regional differences in wages, rent and
other costs.
But in a new report, a panel of experts from
the academy’s Institute of Medicine said the
payment formulas were deeply flawed.
The system of paying doctors has “fundamental
conceptual problems,” and the method of
paying hospitals is so unrealistic that almost
40 percent of them have been reclassified into
higher-paying areas, the report said.
White House officials agreed to commission the
study in March 2010 — in the last tense days of
Congressional debate over President Obama’s
health care overhaul — as a way to secure the
votes of lawmakers from Iowa, Minnesota,
Wisconsin and other states who believed
their doctors and hospitals had long been
shortchanged by Medicare. As a result of such
underpayments, the lawmakers said, many parts
of their states have difficulty recruiting doctors,
nurses and other practitioners, and consumers
often have difficulty finding specialists.
However, the new study says that geographic
adjustments should be used to increase the
accuracy of Medicare payments, not to address
shortages of providers in some places.
The report criticizes the current arrangement
under which Medicare distributes tens of
billions of dollars based on regional variations
in wages, rents and other costs in 441 hospital
labor markets and 89 payment zones for doctors.
Of the physician payment zones, 34 cover entire
states.
The panel said Medicare should recognize a
single set of 441 payment areas for doctors and
hospitals alike.
As a result of such a change, the panel said,
“higher-cost areas would be separated from
lower-cost areas,” and payments to doctors in
metropolitan areas would generally increase,
while payments to doctors in some rural areas
could be expected to decrease.
Michael D. Abrams, executive vice president of
the Iowa Medical Society, said he was “a little
surprised” and disappointed that the panel did
not acknowledge that Medicare overemphasized
the importance of geographic differences in
office rents.
“You could argue that it costs more to deliver
health care in rural America, in sparsely
populated areas, than in densely populated
areas,” Mr. Abrams said.
“Office space is a lot more expensive in
Brooklyn, N.Y., than in Brooklyn, Iowa,” he said,
but Medicare’s payment formula gives too much
weight to such differences.
Mr. Abrams said he was concerned that the
panel’s recommendations could “make things
worse” for many doctors and patients in his
state. The panel will analyze the impact of its
recommendations in a report next spring.
By the end of this year, under the new health
care law, the secretary of health and human
services must send Congress a plan to revise
the way Medicare adjusts payments to reflect
regional differences in hospital wages.
Any such plan could have major economic and
political implications. Wages account for about
two-thirds of hospital costs, the panel said,
and regional differences are substantial, with a
registered nurse paid almost twice as much per
hour in San Francisco as in Springfield, Mo.
Under the new health law, geographic
adjustments may not increase total costs to
Medicare, so that an increase in payments to one
hospital or group of hospitals must generally be
offset by decreases in payments to others.
Frank A. Sloan, a professor of economics at
Duke University and chairman of the study
panel, said Medicare needed to find a new
source of data on commercial office rents.
The current measure, based on rent for a two-
bedroom apartment, does not accurately reflect
the prices doctors face, he said.
Report Finds Inequities in Payments for Medicare
Virtua Joins as an Owner of QualCareVirtua joined 12 other New Jersey hospital
systems and physician organizations as an
owner of QualCare, Inc., the state’s largest
provicer sponsored managed care company.
Qualcare of Piscataway, NJ, has more than
750,000 members enrolled in self-insured
health, workers’ compensation and liability
insurance products.
Virtua, which has more than 8,000 employees,
will have its health benefits become self-insured
through QualCare effective next January 1.
“Having Virtua join our organization as a
partner anchors our expanding provider and
customer base in southern New Jersey and
Philadelphia,” said Annette Catiino, QualCare’s
president and CEO.
Virtua, based in Marlton, NJ, operates four
hospitals with 1,073 beds, two health and
wellness centers, two rehab centers, two
medically based fitness centers, and a variety
of outpatient health services in South Jersey.
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