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&
Congratulations to
2010 Rx for Excellence Honorees
Your work in providing legal guidance to those who need it most is inspiring.
The future of Medical-Legal Partnership | Boston is in good hands.
Endocrinologist/Diabetologist cess, and helping patients get well are my with a global and What is your proudest achievement?
Newton-Wellesley Hospital proudest achievements. Always, my proudest achievement is the
systems-based care I provide my patients. I am a lung cancer
“I love the clinical What is the biggest obstacle you have had to overcome? approach to care.” specialist.
To continue to keep abreast of rapidly chang- Unfortunately, most of my patients have a
practice of medicine Tell us about what you do. difficult battle with their disease and most of
ing knowledge in the many fields of medicine
and interacting with The Director of Clinical Quality is a new po- them die of lung cancer. I am most proud of
and caring for Given the recent passage of the new health care reform sition at the MGH Cancer Center and since my work when my patients feel well cared for.
patients.” law, what do you consider the biggest challenge facing starting here in this role, my goals have been
doctors and the health care industry today? to establish a well-recognized quality program What is the biggest obstacle you have had to overcome?
The biggest challenge will be continuing to at the cancer center that draws on evidence In my position as the Director of Quality, the
deliver the highest level and most personal and consensus based guidelines for the high- biggest obstacle has been implementing sys-
care possible to patients in need. est quality cancer care. tems of measurement using metrics that are
8<(30;@*647(::065*644<50;@
Evan Benjamin, MD
Rx for Excellence
Baystate Health congratulates Dr. Evan Benjamin
for being recognized with an Rx for Excellence We are pleased to congratulate our colleague
Award. We appreciate his dedication to advance
Ellen L. Janos
health care quality in western Massachusetts and
for being recognized as a
4.875 x 8
across our nation. 2010 Rx for Excellence Hero from the Field
www.mintz.com
Baystate Health
Information contained herein may be considered attorney advertising. Prior results do not guarantee a similar outcome. 0550
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Page B-8 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR
link between
Deanne C. Munroe, poverty and poor
What is the biggest obstacle you have had to overcome?
Any organization whose model relies on a
JD, MS, APN-BC health would be volunteer workforce – and particularly a stu-
Alejandro “Danny” Nurse Practitioner, Massachusetts General Hospital
Clinical Instructor, Simmons College
the hardest thing dent workforce – often faces skepticism
around efficacy and professionalism.
to do, but also the
Mendoza, MD thing most worth Who is your role model and why?
Medical Director, Senior Behavioral Health Center, “No two days are working for.” Dr. Barry Zuckerman, for his insistence in
Jordan Hospital ever the same and
Chief, Division of Psychiatry, South Shore Hospital solving all problems from what he describes
there is so much I Tell us about what you do.
as a “child’s-eye view of the world.” He taught
learn on a daily basis Project HEALTH’s model is simple but effective. me that every worthwhile solution begins by
“I believe that the both professionally In clinics where our Family Help Desk programs understanding what a patient needs to be
future of psychiatry operate, physicians can“prescribe”food, housing, healthy, and then building programs, systems
and personally.” fuel assistance or other resources for their patients
is at the interface and structures to that end, even when that ap-
as routinely as they do medication. proach defies prevailing norms or entrenched
between medicine, Located in the waiting room and staffed by expectations.
surgery and their college volunteers, our 18 Family Help Desks
Tell us about what you do. “fill” these prescriptions by connecting pa-
specialties and In my role as a nurse practitioner in the
What would be your dream job (other than your current
tients with key resources. Last year, Project one)?
subspecialties.” Emergency Department, I evaluate and treat HEALTH’s corps of nearly 600 tenacious, ener- Truthfully, I cannot imagine a job dreamier
adults with problems ranging from a bruised getic, well-trained volunteers assisted 5,000 than my current one.
toe to traumatic head and spine injuries. For low-income patients and their families in
Tell us about what you do. higher acuity patients, I collaborate with the at- Boston, Providence, New York, Baltimore,Wash- What is one thing people don’t know about you?
tending physician and various other specialties. ington, D.C., and Chicago in accessing the re-
I was the founding Chair of Psychiatry at In 1992, I won third place in the Miss Teen
As an adjunct clinical instructor, I oversee sources they need to be healthy.
Caritas Good Samaritan Medical Center, Massachusetts pageant, but failed to clinch the
and guide students during community health,
where I established the inpatient geriatric neu- winning title because I took the opportunity
medical-surgical nursing, leadership and man- Why do you do what you do?
ropsychiatry unit and the medical surgical on stage – before the assembled crowd of
agement. Three days before my 18th birthday, I read an
consultation liaison service, as well as re- judges, contestants, and audience – to discuss
vamped the Norcap Addiction Service. article in The Boston Globe describing the work the importance of condoms in preventing the
Why do you do what you do? of Dr. Barry Zuckerman, the Chair of Boston
I left Good Samaritan to start a new Depart- spread of HIV and AIDS, a rather unpopular
I love working with people. It is a challenge to Medical Center’s Pediatrics Department.
ment of Psychiatry at Jordan Hospital, along topic at the time.
work with individuals and families who present Dr. Zuckerman boldly asserted that a pedi-
with a state of the art Geriatric Neuropsychia-
to the Emergency Department, in part because atrics department should be a place where chil-
try Unit and consultation service.
they start out not really wanting to be there. dren got healthy – and, in the case of low-income
Currently, I am working on a new clinical
It is a tremendous responsibility to commu- children, that would require more than clinical
and academic affiliation with Tufts University
nicate with patients about what the plan of care.To realize this vision, he had assembled a
School of Medicine. I am hoping to establish care is for them and to advise them on what
an outpatient Memory Disorders Unit to serve team of lawyers, psychologists, and experts in lit-
they should expect during their stay in order
both South Shore Hospital and Jordan Hospi- to alleviate as much anxiety as possible.
eracy, violence and child development. www.mamedicallaw.com
tal and to establish a geriatric psychiatry fel- The Globe article resonated.At the start of
It is a humbling experience to be a small
lowship through Tufts at Jordan (given the de- my sophomore year, I called Dr. Zuckerman
part of a patient and their family’s health cri-
clining numbers of fellows/programs and the and told him I wanted to help. He said we
sis. No two days are ever the same and there is
dramatically increasing numbers of geriatric would talk after I spent six months at BMC.
so much I learn on a daily basis both profes-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-9
www.gtlaw.com
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Page B-10 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR
congratulates the
and record-keeping seems to be outweighing
the actual care that is given to the patients.
Kathleen Pfeifer
2010 RX FOR EXCELLENCE HONOREES Spurling, RN, JD
Senior Claims Representative
ProMutual Group
Willie Stephens, DDS
Oral surgeon
“If you give of
yourself, you not
only help others
but you also get
so much back in
MORRISON MAHONEY LLP return from the
people that you
Connecticut – England – Massachusetts – New Hampshire – New Jersey – New York – Rhode Island
touch”
Outside/Community Activities:
www.morrisonmahoney.com • New England Law Boston Board of Trustees Dr. Stephens graduated from the University
Chairman Recruitment of California Medical Center in 1973, and com-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-11
CONGRATULATIONS!
Medical Professional Mutual Insurance Company and the entire ProMutual Group congratulate all the winners
of the Rx for Excellence Award, presented by the Massachusetts Medical Law Report, and we are proud to be a
Gold Sponsor of this year’s awards ceremony.
We are also proud to have a member of our Board of Directors as well as a member of our Claims Department
among the recipients!
Congratulations to Dr. Philip E. McCarthy, MD, a general surgeon and dedicated healthcare provider, and
Kathleen Pfeifer Spurling, RN, JD, senior claim representative for ProMutual Group.
Being honored as a Leader of Quality, Dr. McCarthy works to promote and advance safety, quality and risk
management in the practice of medicine and ensure that patients receive the high quality of care that they
deserve.
As a Hero in the Field, Ms. Spurling works tirelessly to provide support and assistance to healthcare providers
during an often stressful time in their lives.
From all of us at ProMutual Group, congratulations to all of the 2010 Rx for Excellence Award recipients!
Page B-12 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR
Outside/Community Activities: What is the biggest obstacle you have had to overcome? Mara G. Aspinall generation cancer diagnostics company dedi-
cated to creating personalized diagnostics for
• President of the American Diabetes Associa- Becoming an effective administrator while President and CEO solid tumor cancer patients.
tion still being actively engaged as an educator, re- On-Q-ity We are focused on transforming cancer
• Boston Classical Orchestra searcher and caregiver. treatment through innovative diagnostics to
• Program Director of Internal Medicine at “The sequencing identify the unique characteristics of individ-
Harvard Medical School Who is your role model and why?
ual patients’ cancer, predict their response to
• Chairman of the Department of Medicine at That would have to be Daniel Federman,M.D., of the human
therapy, monitor the efficacy of their treatment
Mount Auburn Hospital who teaches endocrinology at Harvard Medical genome with the and identify cancer’s recurrence as early as
School.He is a“teacher’s teacher”with a talent for
Tell us about what you do. taking the most complex of principles and explain- addition of new possible.
ing them in the most precise yet simple terms. diagnostic Our goal is to change how treatment deci-
My practice is limited to patients with dia-
betes, and I am primarily a medical educator. I Within medicine,he has been a leading sions are made by offering oncologists and
techniques will their patients more cost-effective, informative
am also the Dean of Curriculum at Harvard proponent of the tenet that education and the
Medical School and the master of the school’s learning process are sciences and deserve allow us to more and actionable treatment guidance.
F.W. Peabody Society, which mentors students equal attention and respect to that bestowed accurately deliver
and emphasizes on inter-disciplinary and in- upon medical research and patient care. He is Why do you do what you do?
the right care to the right patient at a
ter-institutional endeavors in community med- skilled and proficient as a clinician and edu- We need to improve the efficacy of the
icine, public health and social medicine. cator. lower total cost per patient.” drugs that are used in our health care system
Forum:
The Omni Parker House Hotel
Gala Reception & Dinner:
The State Room
Dinner Speaker
DAVID BLUMENTHAL, MD, MPP
National Coordinator for
Health Information Technology
Department of Health & Human Services
Lucian L. Leape, MD
Seating is limited.
Leaders in Quality
today.Throughout the U.S.health care system in,diagnostics. If practicing physicians, administrators
overall, prescribed drugs only have positive Most therapies coming out of the “new sci- and researchers are unable to separate use- Karen Bell, MD, MMS
efficacy and benefit for the patient 50 per- ence” of genomics are both expensive and ful information from this data, then health Chair
cent of the time – in cancer patients, it’s only only work for patients with a specific genetic care reform will result in an explosion of cost Certification Commission for Health Information
22 percent of the time. pathway of disease. Sophisticated diagnos- and activity without the benefit of improved Technology (CCHIT)
We need to do better.We need to identify tics are essential to all patients to ensure that patient outcomes.
the right drug for the right patient – the first each patient has the best chance to benefit The federal government’s investment fo-
from his or her therapy. cus on bioinformatics is a good start,but we
“Every step in the
time.We now know that one drug will not
work for all. Over the past decade, it has been these diag- need to ensure that our current decentral- direction of
We need to use sophisticated diagnostic
nostics that are at the forefront of change in pa- ized information system is vastly improved. assuring that
tient care and of focused research to find a EHRs meet the
tools to identify the unique DNA differences
cure. What would be your dream job (other than your cur-
between patients that will allow us to better I believe we have only seen the tip of this rent one)? needs of the
personalize and tailor treatment decisions. I iceberg and progress will rapidly drive the in- My fantasy dream job would be to be the practicing
want to be a part of this revolution and help corporation of diagnostics into standard care Commissioner of Major League Baseball. community is key
create these important diagnostics. as they provide a gateway to truly personal- The simple joy that comes from watch-
ized medicine. ing a mid-summer game versus the com-
in the support of
What is your proudest achievement? plexity of running the business behind the physicians who want to provide better
My proudest professional achievement is Who is your role model and why? powerful team franchises – there is noth- care to their patients.”
building great teams of highly qualified indi- Cancer patients.They endure the chal- ing (outside of life sciences) as fascinat-
lenges of treatments while battling their dis- ing as baseball.
viduals, with deep expertise and who are Outside/Community Activities:
ease in every way possible – physically, emo-
also a lot of fun to work with. • HIT Council for Massachusetts
tionally and intellectually.They inspire me to What is one thing people don’t know about you?
At Genzyme Genetics, the team was able work harder every day.
to build one the nation’s largest and highest Most people don’t know that I started my Tell us about what you do.
quality clinical laboratories. Given the recent passage of the new health care reform career in politics in New York in two different I have been supporting the development
law, what do you consider the biggest challenge facing roles. My start in political campaigning was and adoption of electronic health records in
Now, at On-Q-ity, our team of top-notch sci-
doctors and the health care industry today? as District Manager and Issues Coordinator the health care delivery system for years.
entists and biotech executives is building the
The biggest challenge in health care today with Senator Charles Schumer’s first cam-
next generation of cancer diagnostic tech- paign for national office. He successfully ran Why do you do what you do?
is finding effective tools to use the vast
nologies. for U.S.Representative in the 9th Congres- Every step in the direction of assuring that
amount of data that is being generated by
new technologies. sional District of New York. Later that year, I EHRs meet the needs of the practicing com-
What is the biggest obstacle you have had to over- served as photographer for the Mayor of New munity is key in the support of physicians who
The sequencing of the human genome
come? York. want to provide better care to their patients.
with the addition of new diagnostic tech-
The health care industry – research, clini- niques will allow us to more accurately deliv- These were thrilling ways to learn early on
cal practice and business – has historically er the right care to the right patient at a lower in my career about the challenges and re- What is your proudest achievement?
undervalued,and therefore under-invested total cost per patient. sponsibilities of public office. There isn’t one. I’ve been privileged to be
Congratulates
Ellen Janos
Class of 1977
Mintz Levin Cohn Ferris Glovsky & Popeo P.C.
www.nesl.edu
The space you purchased has been reserved and the above copy must b
Page B-14 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR
Leaders in Quality
part of the group that built the foundation for to one that is of the highest quality, the safest Currently, I lead a multi-state effort to re- I’m funny, though I tend to have a bit of a se-
all of the opportunities that the federal Ameri- and the most efficient has been a passion of duce avoidable re-hospitalizations at the Insti- rious persona.
can Recovery and Reinvestment Act of 2009 mine for some time.We must, of course, first do tute for Healthcare Improvement. I also prac-
made possible with respect to HIT. no harm,and therefore patient safety has been tice medicine 25 percent of the time at New-
a core component of my work. ton-Wellesley Hospital and at Massachusetts
Who is your role model and why? Yet the health care system also has the re- General Hospital.
sponsibility to be as efficient and cost-effec- I am committed to the importance of tak-
Dr. Milton Hamolsky of Harvard Medical
School was a mentor and clinician extraordi-
tive as possible.We simply cannot continue to
spend the health care dollars we have to care
ing care of patients on a regular basis, as it is
the foundation for informing my work in clini-
Elizabeth Capstick
naire who took the time and energy to help for the result of errors, preventable complica- Deputy State Auditor
cal improvement and public policy.
pre-med students realize their dreams. tions and poor communication. I am also the co-designer and physician Office of the State Auditor
To me, the field of health care quality is lead of the State Action on Avoidable Rehospi-
Given the recent passage of the new health care reform about doing not only what is right for the pa- talizations (STAAR) initiative at IHI.We are “High quality
law, what do you consider the biggest challenge facing tient in front of you in the hospital, but to do pleased to have partnered with state level
doctors and the health care industry today? what is right for our society.We must be able to
care … must
leaders in Massachusetts, Michigan and Wash-
There will be a huge culture change – from provide high quality health care that is safe ington, formed multi-stakeholder state level
include patients
a system where individual clinicians feel like and effective while decreasing overall costs. steering committees, provided technical assis- as part of an
they are no longer “in charge” to one where
Given the recent passage of the new health care reform
tance to workgroups and created a 67 team informed decision-
they become integral to a team that includes collaborative to work in a cross-continuum making process
law, what do you consider the biggest challenge facing
other clinicians, the patient and his or her sup- doctors and the health care industry today? manner to improve care coordination at times
of transition out of the hospital. regarding their care.”
port system. The biggest challenge facing our health
care industry will be to move away from a fee
What would be your dream job (other than your current Why do you do what you do?
for service,incentive-based system to one that
one)? As a general internal medicine physician, I Outside/Community Activities:
is based on outcomes and accountability.
After forty years, I have finally achieved it. I see opportunities every day to improve the • Newton Democratic City Committee
We must transform our system into one that will
am mentoring others and overseeing a process care I deliver. • Member and former Treasurer of Citizens for
achieve three high-level aims: (1) Improvements in
that assures that EHRs continue to develop and The challenge is that many of the potential the Future of Newton
population health (not just individual patient out-
deliver the functionalities, security, interoperabil- comes); (2) Reductions in per capita costs (from a ways to improve care go way beyond me • Massachusetts Councils for Children
ity and usability that doctors need. societal perspective);and (3) Improvements in the working harder, faster, better, or more diligently. • Statewide Advisory Council to the Massa-
patient experience in the health system. Systems and infrastructure investments will go chusetts Office for Children
What is one thing people don’t know about you? The system should be centered on the patient a long way to harnessing the potential for ex-
I am a very hands-on person.As a carpen- cellence that exists in our medical profession, Tell us about what you do.
with the safest care that first does no harm.The
ter’s daughter, my idea of a relaxing week is to complicated financial and relationship models and I believe practicing physicians must lead I have held various positions in the execu-
head to our little place in Puerto Rico and to achieve these aims of accountability will be these efforts. tive and legislative branches of Massachusetts
paint, tile and plant my way through the day. the challenge over the next five years. state government. In the Auditor’s office we
What is your proudest achievement? seek to ensure that public funds are expend-
What would be your dream job (other than your current When a person came up to me to say,“I re- ed appropriately and that our government op-
one)? member you.You took care of my dad.You erates as efficiently and effectively as possible.
One of two options: (1) To become a flying were good, and he’s doing much better now.” Our audit findings and conclusions influence
physician for the “Flying Doctors of Kenya.”Af- those making policy and budget decisions re-
Evan M. Benjamin, ter receiving my private pilot license, I have al-
ways fantasized about going back as a flying
What is the biggest obstacle you have had to overcome?
Understanding how to exercise leadership
garding the services that our state provides.
As Deputy State Auditor, I represent the
MD, FACP physician assisting in remote communities in
developing countries; or (2) To help run a
without formal authority. State Auditor as a member of the Massachu-
setts Health Care Cost and Quality Council,
Vice President/Chief Quality Officer large health system and transform care to Who is your role model and why? which was created as part of the Health Care
Baystate Health System achieve improved population health. Brent James, MD at Intermountain Health- Reform Act of 2006 and amended by Chapter
care in Utah. Dr James had a vision of how to in- 305 of the Acts of 2008. On the Council, I have
“To me, the field of What is one thing people don’t know about you? crease the quality and efficiency of health care served as Treasurer and as Co-Chair of the
I am a private pilot. I began training as a pi- through harnessing the collective intelligence Quality and Safety Committee. My focus has
health care quality been on improving the value of the health
lot, in part, because of my interest in the safety of his physician and nursing colleagues.
is about doing not training in the aviation industry. I always want- He established a system that attempted to care delivered in the Commonwealth.
only what is right ed to fly, yet I took the opportunity to train as a standardize the parts of practicing medicine
for the patient in pilot when my work in patient safety and that can be reasonably standardized, in order What is your proudest achievement?
studying human factors was also beginning. to allow the physician to make the important I am very proud of the fact that my husband
front of you in the decisions that really do require expertise or and I have raised two strong, independent and
I have found piloting fulfilling on so many lev-
hospital, but to do els – helping me to understand human frailties judgment. hardworking children who are instilled with the
what is right for and the pure enjoyment of the physics of flight. Whenever he encounters resistance to stan- values that we learned from our parents.
our society.” dardizing what can be standard work, he asks I breathe a little easier about our future, as a
his physician colleague to demonstrate why nation and as a people, when I think of them
Outside/Community Activities: deviating from the standard practice was nec- helping to guide the way.
• Board Member, Food Bank of Western Massa- essary and indicated for the good of the pa-
tient. It is a learning opportunity, and improve- What is the biggest obstacle you have had to overcome?
chusetts
ments are made. His vision and leadership is Managing the budget and resources of the
• Catholic Healthcare Partners, Cincinnati, Ohio
• National Patient Safety Foundation Amy Boutwell, MD MPP inspiring. State Auditor’s Office during a prolonged peri-
od of steadily decreasing annual budgets that
Director of Health Policy Strategy
Tell us about what you do. Principal Investigator, STAAR Initiative Given the recent passage of the new health care reform required downsizing and layoffs at the same
law, what do you consider the biggest challenge facing time that mandates from the Legislature are
Baystate Health (BH) is a three hospital inte- (State Action on Avoidable Rehospitalizations) doctors and the health care industry today?
grated delivery health system in western Massa- Institute for Healthcare Improvement increasing.The impact on our operations has
A challenge coming out of the new health been difficult, but the impact on our staff has
chusetts with a flagship hospital,Baystate Med-
ical Center, a 700-bed independent academic reform law is whether we will simply absorb been unprecedented.
“I believe there is more individuals into the current health care
tertiary referral medical center.
As Senior Vice President and Chief Quality Of- much more we delivery system, or whether we can improve Who is your role model and why?
ficer since 1999,I have been responsible for over- can do when we the efficiency and effectiveness of the way we My role model is my mother,Anne Marie
all quality of care, patient safety and efficiency of deliver health care in this country to serve not Carleo, who was the first person to teach me
focus on only millions more, but better. about the importance of economic and social
health care delivery, as well as a growing number
of areas of strategic importance to BH.
optimizing health, Physicians must not shy away from the te- justice. She did her nurse’s training in Alaba-
Over my 11 years of working in the quality rather than dious details of redesigning health care sys- ma in the early 50’s where she saw the impact
arena, I have helped to transform the culture increasing the tems, and new generations of physicians and of hatred and segregation, including burning
for our health system.We have proudly moved health care executives must be willing to find crosses on the hospital lawn and injuries
delivery of health ways to innovate without a zero-sum game. caused by the resulting violence.
to a culture of transparency – of quality and
safety, but also of patient centeredness. Our care services.” As she raised her seven children, she made
outcomes, efficiency and improved patient What would be your dream job (other than your current sure that we not only learned about those
safety have put our health system among the Tell us about what you do. one)? who were fighting against injustice but also
leading health systems nationally. My work focuses on the intersection of clinical Helping states and nations design systems witnessed her own actions to bring equality to
Finally we have pushed our academic and medicine,process improvement and public policy. to optimize the health of their populations, our society.
health policy work to teach new generations of I am passionate about the opportunities to with a specific focus on ensuring that difficult She taught me not to be afraid of obstacles.
students in health care quality.We are starting a significantly improve the way health care is to reach populations receive customized, en- She would say,“Don’t take on too much in one
new Fellowship in Healthcare Quality this year. delivered. I believe there is much more we hanced, proactive support to overcome barri- day. Just do what you can today, and do some
can do when we focus on optimizing health, ers they face in achieving optimal health. more tomorrow. Just keep moving.”
Why do you do what you do? rather than increasing the delivery of health
Transforming our health care delivery system care services. What is one thing people don’t know about you? Given the recent passage of the new health care reform
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-15
Leaders in Quality
law, what do you consider the biggest challenge facing Who is your role model and why? and cutting edge. I also wanted to alter the marked that for those of us in the field of health
doctors and the health care industry today? My father – he was extremely successful traditional delivery of long-term care ser- care, the new law will define the remainder of
Our health care system will have to face in his personal interactions with others. vices to our frail elders. our careers. It’s true.This complex legislation –
the reality that high quality care must be I hope that I have adopted his patient de- Opened just last year, NewBridge on the on par with the creation of Social Security,
measured, not simply asserted, and that it meanor and intelligence. I’ve always admired Charles, our new CCRC in Dedham, has ex- Medicare and Medicaid – has the potential to
must include patients as part of an informed his ability to care about others and chose to ceeded the expectation of the vision I had change every aspect of the country’s $2.5 trillion
decision-making process regarding their emulate that virtue in my own life’s work. nearly a decade ago and sets the standard per year health-care system.
care. for senior care in this country. Some of the changes will take effect rela-
Once that is accepted, I believe our doc- Given the recent passage of the new health care reform I am incredibly grateful to our board and tively quickly. For example, beginning in 2012,
tors, and other medical professionals, who law, what do you consider the biggest challenge facing committee members as well as our staff who Medicare will reduce reimbursement to hos-
are trained and experienced in caring for us doctors and the health care industry today? made this possible. pitals for the care they provide to patients
as patients, will work to shape the new deliv- It will be most difficult for doctors to learn readmitted within 30 days of discharge – if
ery system into one that is consistent with to build and work within orchestrated and What is the biggest obstacle you have had to over- the readmission was avoidable.
their training and vocation – one that is truly integrated systems of health care. come? This makes sense. It turns out that, nation-
patient-centered. For some doctors it’s hard to be part of teams Helping Hebrew SeniorLife expand has ally, about 1 in 4 Medicare patients dis-
and never forget that it is a person who is ill. been a huge challenge, but a positive one.We charged from a hospital to a post-acute reha-
What would be your dream job (other than your cur- Many are relying on technology to solve all of didn’t want to settle. bilitation facility are readmitted within 30
rent one)? the problems in the health care field.Technolo- We have expanded our employment op- days – and approximately 80 percent of
Recently, I’ve been thinking about a slower gy is a means to health, not an end in itself. portunities and our teaching commitment, these readmissions are avoidable.
paced job – possibly overseeing the oyster affiliated with Harvard Medical School and The cost of this avoidable care is approxi-
beds in Cape Cod Bay. What would be your dream job (other than your cur- invested in our Institute for Aging Research mately $17 billion/year, not to mention the
rent one)? and opened a state-of-the-art continuing care
enormous suffering of patients and their fam-
What is one thing people don’t know about you? Thankfully I would choose what I did as a retirement community.We are also renovat-
ilies. Hospitals have no financial incentive to
I played on the State Senate Softball team young man – to personally care for patients ing our flagship Hebrew Rehabilitation Cen-
avoid this: they get paid for the initial inpa-
in the Boston Bureaucratic League during and help them become well again. ter in Boston.
tient stay and then they get paid for the read-
the 70’s when the “affirmative action” position It has taken hard work and determination,
mission.
for women was catcher, and as a guard for but our efforts have paid off tremendously.
That will change in 2012, and that is good
five years on an undefeated women’s sum-
mer league basketball team, known as Mur- Given the recent passage of the new health care reform news for high quality post-acute providers –
phy’s Fliptops. law, what do you consider the biggest challenge facing like our Hebrew Rehabilitation Center in
Len Fishman doctors and the health care industry today?
The Patient Protection and Affordable
Boston – that can prove to hospitals that
their higher quality of care reduces avoid-
President & CEO Care Act will change our health care system able readmissions.
Hebrew SeniorLife forever – in many ways that we understand
and in some that we will still be figuring out What is one thing people don’t know about you?
Why do you do what you do? Why do you do what you do?
I work in order to advance the quality and Prior to joining Hebrew SeniorLife, I was
safety of patient care. I find that there is no president of the American Association of
better reason to love what I do than to help Homes and Services for the Aging, the 6,000-
people in need get the help they require in member national organization of nonprofit
the most effective way possible. long-term care and senior housing providers.
I came to Hebrew SeniorLife with broad
What is your proudest achievement? experience in the fields of health care and
Recently, my proudest achievement has senior services, as well as a personal passion
been working with a broad-based stakehold- for improving the quality of life for seniors
er group to develop a set of basic principles everywhere. I’m driven by the goal of chang-
and a strategic vision for patient safety pro- ing the way people think about aging.
grams in all settings of care in Massachusetts.
What is your proudest achievement?
What is the biggest obstacle you have had to over- When I joined the organization I had a vi-
come?
sion for a senior community that was unlike WWW.MASSMED.ORG
Developing consensus among diverse any other. I wanted to develop a continuing
stakeholders about evidence-based health care retirement community (CCRC) that was
policy. intergenerational, environmentally friendly
Page B-16 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR
Leaders in Quality
most involved with education and prevention The biggest challenge is changing how What is your proudest achievement?
Kilbyanne (primary care physicians and advanced prac- physicians and facilities are reimbursed so Hirsh: Our gun buyback program here in
tice professionals) receive more recognition that everyone is incentivized to do high quali- Worcester has retrieved 1861 weapons in eight
Garabedian, JD, RN and higher incentives. ty, safe care without unnecessary testing, at the years at a cost of $105,000.
Deputy General Counsel Third, we’re going to have to focus on effec- same time as simplifying reimbursement so This is less than the cost of even two gun-
UMass Memorial Health Care tive, high quality outcomes that require the ap- that armies of billing and claims staff are no shot related injuries.Worcester now ranks low-
plication of consistent modalities.This will im- longer needed, potentially saving trillions of est in firearm injury rates per capita than any
pact the provider/patient relationship and dollars each year. other city in the Commonwealth.
“By helping provider autonomy as never before.
physicians, nurses Fourth, we’re going to have to insist on ac- What would be your dream job (other than your current Manno: Teen RIDE (Reality Intensive Dri-
one)?
and other countability from all involved and this in- vers Education) is a teen driving safety pro-
cludes the payors. Fifth and perhaps most Indeed, my current job is my dream job.The gram that began in 2007 as a partnership with
professionals focus only thing that could make it better would be
challenging, while we’re headed to “health the juvenile court system.
on their clinical care for all,” we are going to have to grapple to have more time to spend with my family. Since March 2007, we have offered a day
skills, rather than with the most expensive sections of the con- long Saturday program for teens who have
tinuum of life, the cost of care at the beginning What is one thing people don’t know about you?
worry about legal been arrested for a driving offense – speeding,
of life and at the end. Last year I climbed Mt. Kilimanjaro, a 20,000 recklessness, DUI, etc.
consequences, I am foot mountain in Tanzania. It was easier than We have condensed this program into two
helping them develop confidence in What is one thing people don’t know about you? implementing an EHR. hours and have taught Teen RIDE at South
their practice.” I’m not particularly excited about war or High Community School to parents and teens
weapons so most folks would be surprised to during their Drivers Education program. Also,
Outside/Community Activities: learn that, as a teenager, I was a member of a rifle we have adapted Teen RIDE to a yearlong Ser-
• Friends of Princeton Library and pistol team,achieving marksmanship status. vice Learning Project for 9th graders (called
• Massachusetts Audubon Society Safe Ride/Safe Drive) at South High.This pro-
• Princeton Land Trust Michael P. Hirsh, MD gram teaches younger students the impor-
tance of being a safe passenger (using seat-
Tell us about what you do.
Division Chief of Pediatric Surgery and Trauma
UMass Memorial Children’s Medical Center belts, avoiding distractions, assessing the safe-
I am a health care lawyer focused on pa- ty of the driver) as a prelude to taking Drivers
tient care.This means helping care providers
figure out how best to care for incapacitated
Larry Garber, MD “Wellness
Ed and becoming a teen driver.
patients, patients who are at the end of life, pa- Medical Director for Informatics promotion is where What is the biggest obstacle you have had to overcome?
tients whose behavior may be the result of Fallon Clinic Hirsh: Injury prevention is not a field that
the future of
mental illness or other disease,all the while re- will bring new patients into the hospital sys-
maining within the confines of law that may “Last year I climbed medicine lies.” tem. On the contrary, if successful, injury pre-
be vague or outdated. Mt. Kilimanjaro, vention will reduce admissions.
The new shift towards wellness promotion
Why do you do what you do? a 20,000 foot
and preventive care has finally caught up to
I like to help people.This may sound trite mountain in us as a model for this shift. But for many years,
and overused, but it is true. Tanzania. It was it was hard to finance prevention programs
By helping physicians, nurses and other easier than because we didn’t “make money” in the old
professionals focus on their clinical skills,
rather than worry about legal consequences, I implementing an Mariann M. Manno, MD scheme of fee for service.
am helping them develop confidence in their electronic health Director of Pediatric Emergency Medicine Who is your role model and why?
practice and am indirectly helping the patient care record system.” UMass Memorial Children’s Medical Center Hirsh: Dr. Barbara Barlow, the founder of the
and their family. Injury Free Coalition, set up her program in
Tell us about what you do. “The sadness and Harlem in New York City.
What is your proudest achievement? I am an internist at the Fallon Clinic, as well She took an area that many thought was
Professionally, graduating from nursing as Medical Director for Informatics. I led the im-
frustration of
impossible to improve and found that with
school and then graduating from law school plementation of an electronic health records witnessing how her injury prevention programs she could re-
are two events of which I am most proud. system for our 250 physicians, including inter- injuries negatively duce injuries there by 60 percent. She is still
Personally, bringing up three children to be- faces to five regional hospitals, a home health impact the lives of active at age 70 and has spread her gospel
come successful adults with happy families is agency, a reference lab, an imaging center, a throughout the United States.
the achievement that brings a smile to my quality data center and a health plan. kids and their
face most often. families has fueled Manno: Dr. Barry Hanshaw, who was the Chair
Why do you do what you do? my passion for injury of Pediatrics while I was a Pediatric Resident.
What is the biggest obstacle you have had to overcome? I recognize the potential benefits,as well as
Professionally, the transition from nursing to the potential harms,that can result from infor-
prevention work.” He was a scientist and a master clinician. I
learned so much from him. But most of all, his
law presented more challenges than I had an- mation technology interventions. I find it re- kindness, gentleness and patience during
Tell us about what you do.
ticipated. warding to know that the work I do maximizes challenging times was an example to me of
Scientific reasoning is deductive,meaning the benefits and minimizes the risk of harm to Hirsh: We run a busy Pediatric Trauma Pro-
gram for children under 18 years of age with how to approach others and solve problems.
that you start at the beginning, build your my patients and the patients of my colleagues.
knowledge and see where it takes you. Legal over 550 admissions per year. Our injury pre-
vention program provides information about Given the recent passage of the new health care reform
reasoning is inductive,meaning that you start What is your proudest achievement?
preventing child passenger injuries, teen dri- law, what do you consider the biggest challenge facing
at the end and then find the knowledge that I designed and led the implementation of a doctors and the health care industry today?
supports that end. It took me a long time to re- federated Health Information Exchange (HIE) ving problems, home and outdoor injuries,
gunshot wounds, ski and sports-related in- Hirsh: We must be willing to embrace the
ally understand the difference between these known as SAFEHealth. notion that caring for illness and injury after
approaches. This HIE allows patients to give“opt-in”con- juries.
the fact is going to bankrupt the system and
Personally, my trek through three major sent and transfers clinical information in a man- cause needless morbidity and mortality.Well-
surgeries forced me to really see health care ner that is convenient to patients and fits into Manno: I am the director of the Pediatric
ness promotion is where the future of medi-
through the patient’s eyes. Even after years as a the workflows of busy health care workers. Emergency Department at UMass Memorial
cine lies.
critical care unit nurse, I did not fully appreci- Children’s Medical Center.This is a very busy
ate the importance of a soft voice, a pat on the What is the biggest obstacle you have had to overcome? Pediatric ED and a Level One Trauma Center.
Manno: As more patients have access to and
hand, complete information delivered in a Balancing priorities with limited resources, As a pediatrician and emergency physi-
can afford medical care, health care systems and
compassionate manner or the mere presence both professionally and personally. cian, I treat many children and teens with seri-
providers need to have the capacity to care for
of a caring individual who would listen. ous injuries from preventable causes.
more patients in a cost effective manner.
Who is your role model and why? Indeed, between the ages of one and 19
Given the recent passage of the new health care reform My older brother,Gary. He was never afraid years, more children die from preventable What would be your dream job (other than your current
law, what do you consider the biggest challenge facing to take on challenges. causes (accidents) than from all other causes one)?
doctors and the health care industry today? He wrote a computer operating system to combined.The sadness and frustration of wit- Hirsh: I would love to be one of three
While I think health care reform has been compete with DOS, the precursor to Windows. nessing how injuries negatively impact the things: Surgeon General, broadcaster for the
creeping its way into society even before the He wrote his own markup language to com- lives of kids and their parents/families has fu- New York Mets or a Civil War history professor.
passage of this legislation, I think the mandate pete with HTML, the core of the Internet. eled my passion for injury prevention work.
to “do more with less” will be our biggest chal- He did these long before most knew what What is one thing people don’t know about you?
lenge. these were, and he did them as a practicing Why do you do what you do? Hirsh: I am the only child of a couple who
I say this because that statement has many cardiologist. He did them because he knew Hirsh: Children are the most precious re- met in their teens in a concentration camp
permutations. First, it will require that we com- how they could help others. Gary knew no source in our society. It is their birthright to be during World War II.As a first generation
pletely change the way we deliver health care. limits. safe. American and the son of Holocaust sur-
We are going to have to effectively focus on We,as responsible adults, should pave the vivors, I believe my life’s work has been a trib-
education and prevention. Given the recent passage of the new health care reform way for their safety with education and im- ute to my parents’ ability to survive with dig-
Second, we’re going to have to turn pay- law, what do you consider the biggest challenge facing proved product safety and activity choices so nity and hope.
ment strategies on their heads so that those doctors and the health care industry today? that we don’t squander this resource. They instilled in me a deep and abiding
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-17
Leaders in Quality
love for freedom and for the importance of overall performance of the Foundation. Finally, the more resources we devote to Outside/Community Activities
protecting children from the ravages that they I work with the board to set strategic direction health care, the less we will have to spend on • Past President,American Board of Pathology
faced 70 years ago. and shape policy, and work closely with staff on other things that have a profound effect on • Board of Directors,American Board of Med-
program, administrative and financial matters, and overall health including ensuring access to ical Specialties
Manno: I am writing a cookbook that com- with Blue Cross Blue Shield corporate leadership. high quality education, adequate housing and • College of American Pathologists
bines family favorite recipes and photography. I am also responsible for building and sustain- public health investments. • Board Member, Berkshire Area Health Edu-
ing a diverse range of partnerships and relation- cation Center
ships with community organizations, grantees, What would be your dream job?
policymakers, government officials and others. Tell us about what you do.
I have my dream job!
I am president of a six-member physician
specialty group practice, based in a communi-
Why do you do what you do? What is one thing people don’t know about you?
Sarah Iselin I believe that health care is a right, not a Most people don’t know that I went to the
School of the Art Institute of Chicago for col-
ty teaching hospital, where we’ve created an
excellent residency training program.
President privilege,and I am committed to working to We have developed a successful lab out-
Blue Cross Blue Shield of Massachusetts Foundation make sure everyone – especially the most vul- lege to study photography, printmaking and reach program that is second largest in New
nerable among us – has access to high quality, art history. England. Quality has always been top priority
affordable health care. in our organization.
“I am committed
to working to make Why do you do what you do?
What is your proudest achievement?
sure everyone – I am proud of being a part of the community
I love my profession and the people that I
have the opportunity to work with to provide
especially the most
vulnerable among
that came together to pass and implement the
Massachusetts health reform law,which has result- Rebecca L. Johnson, MD the best possible patient care for pathology
and lab services.
us – has access ed in more people having health insurance here in Chair, Department of Pathology & Clinical Laboratories
the Commonwealth than anywhere in the nation. Berkshire Health Systems What is your proudest achievement?
to high quality,
Receiving the 2010 South Illinois University
affordable Given the recent passage of the new health care reform
“I love my School of Medicine Distinguished Alumni
law, what do you consider the biggest challenge facing
health care.” doctors and the health care industry today? profession and Award.
Unless we control the growth in health care I am also very proud to have served as Pres-
Outside/Community Activities:
the people that I ident of the American Board of Pathology and
spending, we are going to face tough choices
• Board of Massachusetts Health Policy Forum ahead.
have the opportunity Chair of the Accreditation Council for Gradu-
It will become increasingly challenging to to work with to ate Medical Education Residency Review
sustain our accomplishment of extending provide the best Committee for Pathology.
Tell us about what you do.
I lead one of largest private health philan- health coverage to nearly every resident of possible patient
Massachusetts. Small businesses already strug- What is the biggest obstacle you have had to overcome?
thropies in Massachusetts, focused on improv- care for pathology
gling in this tough economy will find it increas- There’s no such thing as obstacles, only op-
ing access to health care and health coverage.
I am responsible for the daily operation and ingly difficult to continue to cover their workers. and lab services.” portunities.
Leaders in Quality
Who is your role model and why? What is one thing people don’t know about you? • Massachusetts Quality & Cost Council
Dr. Grant Johnson (no relation), the Chair- I prefer to vacation at home. Jeffrey H. Liebman, • Massachusetts Department of Public Health
man of Pathology at my medical school. Birth Defects Monitoring Program
His love of medicine, inquiring mind and MBA, DMD • Shrewsbury School Committee
enthusiasm for pathology inspired me to pur- CEO
sue this vocation. Beth Israel Deaconess Hospital-Needham Tell us about what you do.
I work in a small private practice in obstet-
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
Sharon Lane, RN, MSN “I have a deep
rics and gynecology.We implemented an elec-
tronic health records system eight years ago,
doctors and the health care industry today? Senior Director of Patient Safety belief that it is including adopting patient tracking,
Reforming the way care is delivered and paid Dana-Farber Cancer Institute extremely important test/consult tracking, etc.
for.There will be revolutionary changes in deliv-
to make sure people Why do you do what you do?
ery systems and different incentives for payment. “I have always have access to high I enjoy practicing medicine, running a “test
What would be your dream job (other than your current
been interested quality health care kitchen” for information technology and work
one)? in improving the in their local flow.Also I enjoy the practical aspects of pub-
Being a gardener. quality of patient lic health and performance measurement.
community.”
What is one thing people don’t know about you?
care and especially What is your proudest achievement?
I grew up on a farm in rural Minnesota. making care safer.” Outside/Community Activities: Getting into medical school – that opened
• Rotary Club the door to all that followed.
• Massachusetts Hospital Association
• Children’s Museum, South Dartmouth, Mass. Who is your role model and why?
Tell us about what you do. My role model is Mortimer Rosen, who was
Tell us about what you do. department chairman during my residency.
I am the Senior Director for Patient Safety.
I am President and CEO of Beth Israel Dea-
Bruce Karlin, MD My role is to identify safety risks in caring for
oncology patients at Dana-Farber.
coness Hospital,an independent community hos-
He placed professionalism at the top of his
list. He had extraordinary skills in reading peo-
Internist pital in Needham,as well as Affiliated Physicians ple, inspiring them and building teams.
I work with hospital leadership as well as
Worcester, Mass. Group,an integrated physician network that in-
staff to identify problems and then I lead mul- cludes more than 160 physicians at 31 clinical sites Given the recent passage of the new health care reform
tidisciplinary teams focused on improving the and treats more than 500,000 patients per year. law, what do you consider the biggest challenge facing
“I enjoy making identified aspects of patient care. In the past year, we expanded the hospital, doctors and the health care industry today?
the community I led a team that redesigned the process for adding 40,000 square feet that includes a Massachusetts is dependent on the health
nurses to double check chemotherapy doses brand new Emergency Department and 20
work better.” care industry for jobs and prosperity, yet the state
before administration. new private inpatient rooms.Additionally, the needs to wind down the role of health care in the
I have worked to introduce the concepts of hospital was recently ranked in the top one
teamwork and communication to clinicians and economy if costs are to come under control.
percent for patient satisfaction.
Doctors need to work within systems while
staff throughout Dana-Farber. I successfully start-
Why do you do what you do? serving patients as a first priority; they need to try
ed a program at Dana-Farber where nurses report
I have a deep belief that it is extremely impor- to practice evidence-based medicine, but must
“near misses”related to medication administra-
tant to make sure people have access to high also take care of the majority of circumstances in
tion.We use those cases to analyze our systems
quality health care in their local community. which good evidence is not available.
for faults and develop improvement projects.
Outside/Community Activities:
What is your proudest achievement? What would be your dream job (other than your current
• Town Moderator, Hopkinton Why do you do what you do? one)?
I am most proud of my daughters.
• Violinist,Metrowest Symphony Orchestra I have been a nurse for over 25 years. I have al- National Thought Leader!
• Board Member,Concord Chamber Music Society ways been interested in improving the quality of What is the biggest obstacle you have had to overcome?
• Past President,Worcester District Medical Society patient care and especially making care safer. The biggest obstacle I have overcome is deal- What is one thing people don’t know about you?
• Moderator for MMS’s television show – Physi- I have worked at Dana-Farber for over 20 ing with certain political forces that are resistant I’m a big Elvis fan.
cian Focus years and I love what I do. Improving patient to change for the good of the population.
safety in oncology has been my passion for
Tell us about what you do. Who is your role model and why?
many years. I have spoken nationally on the
I am in private primary care practice in My role model is Dr. Paul Farmer because
topic and made a video to educate nurses in
Worcester. I am active in the medical society, of his tireless energy and dedication to im-
the safe administration of chemotherapy. proving the lives of others.
spearheading initiatives in secure physician e-
mail, public access television shows and com-
What is your proudest achievement? Given the recent passage of the new health care reform
Eugenia Marcus, MD
munity immunity, where we test the emer- law, what do you consider the biggest challenge facing Pediatric Health Care at Newton-Wellesley
My proudest achievement was helping Dana-
gency response by giving yearly flu shots. doctors and the health care industry today?
Farber to improve its clinical systems and restore
its reputation as a high quality organization after The biggest challenge will be the ability to “I think we are on
Why do you do what you do?
the chemotherapy overdoses in 1995. have adequate financing for health care services. the verge of huge
It’s fun. I enjoy making the community work
better. What would be your dream job (other than your current breakthroughs in
What is the biggest obstacle you have had to overcome? one)? our knowledge of
What is your proudest achievement? I have had to overcome skepticism from My dream job would be leading an interna-
some clinicians about the potential risks to tional effort to improve access to health care
disease management
Raising four wonderful children – although
the results are more a reflection of my wife’s patient safety,especially in the early years services in underdeveloped areas. and prevention when
patience and calm. when people truly believed errors were only we can connect all
made by unskilled clinicians. What is one thing people don’t know about you?
I support several educational organizations the databases and
What is the biggest obstacle you have had to overcome?
I find it hard to focus and have a wide vari- Who is your role model and why? and volunteer time and resources to help sup- utilize the information in a positive
port high school and college students. manner.”
ety of interests.To get things done requires In the patient safety world,my role model is
great energy in avoiding distractions. Atul Gawande.
Outside/Community Activities:
His books inspire me and I am in awe of his
Who is your role model and why? ability to communicate the importance of pa- • Massachusetts Medical Society
My father. He was a consummate practitioner. tient safety work to both clinical and lay audi- • Massachusetts Chapter President,American
Academy of Pediatrics
I often think that my idiosyncrasies are my
own and then learn another anecdote about
ences by telling compelling patient stories.
B. Dale Magee, MD • Vice Chair, Council on Clinical Information
my dad, which further demonstrates from Obstetrician-Gynecologist Technology
Given the recent passage of the new health care reform
where that idiosyncrasy evolved.These idio- law, what do you consider the biggest challenge facing Shrewsbury, Mass. • Health Advisory Council for City of Newton
syncrasies are the essence of good practice. doctors and the health care industry today? • Community Rowing
We need to improve our ability to measure “I enjoy practicing Tell us about what you do.
Given the recent passage of the new health care reform quality outcomes in the health care arena.
law, what do you consider the biggest challenge facing medicine, running I’ve been in clinical pediatric practice for
Care needs to be evidence-based and mea-
doctors and the health care industry today? a ‘test kitchen’ 40 years.
surements must be developed. I built a successful practice from scratch.
Rational rationing of health care. for information
If a treatment is not evidence-based and cost I’ve been a very early adopter of electronic
Right now the rationing comes through the
effective it will not be reimbursable in the near fu- technology and medical records and built the first pediatric
insurers.I think providers and consumers
need to make the tough decisions together. ture. Clinicians need to participate in this process work flow.” knowledgebase for NextGen Healthcare Infor-
and not allow quality to be dictated by those mation Systems. I am currently a physician
What would be your dream job (other than your current who do not understand clinical care. consultant for them part time.
one)? I am also co-chair of the child health work-
Quality engineer for medicine. I think it would What is one thing people don’t know about you? Outside/Community Activities: group for the Certification Commission for
be interesting to work with providers to stream- I was bitten by a panda bear while traveling in • Worcester Infant Mortality Reduction Task Force Health Information Technology. I shepherded the
line many of the processes to provide care. China in 2006. Not many people can say that. • Worcester County Child Fatality Review Team pediatric functionality requirements for electron-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-19
Leaders in Quality
ic medical records for the certification process. tion in a positive manner. • Tufts Medical School Alumni Association al long-term results.
The health care reform law is needed and • ProMutal Group Board Member Also, despite the existence of electronic
Why do you do what you do? long overdue.The medical community will records, there will definitely be an increase in
I love what I do. I could retire but I don’t have to adjust to the needs of the population Tell us about what you do. paperwork. Further, the electronic records
want to.The health information technology in providing care at an affordable price. I’m a general surgeon in Norwood, Mass. themselves are challenging because their im-
field is exploding and it’s too exciting to bow Prior to this,I worked in the U.S.Army Medical plementation requires training and time that
out. I feel I have a lot more to contribute. What would be your dream job (other than your current Corps and also served as the president of both doctors simply do not have.
I continue to maintain a clinical practice. one)? the Massachusetts Medical Delegation to the Finally, the regulations are increasing while the
It’s my proving ground for trying out new infor- The opportunity to further IT for pediatrics. AMA and the MMS. reimbursements for services are decreasing.
mation technologies, and I really enjoy my pa- I’m currently doing some of this, mostly in the
tients as they grow and eventually take care of volunteer arena and with limited resources. Why do you do what you do? What would be your dream job (other than your current
their own children. Actually, my dream job would be to have more I do what I do for three reasons. First, I love to one)?
resources to do what I do now. help people help themselves. Second, I have a job To be a world traveler with a limitless budget.
What is your proudest achievement? where I can help those who are suffering and
My kids: Jeffrey who is a wildlife biologist need help the most.And third, I do what I do in
and Helena who is a teacher. order to teach other physicians and surgeons.
What is the biggest obstacle you have had to overcome? What is your proudest achievement?
The biggest obstacle was early in my career
where there were limited opportunities for
Philip E. McCarthy, MD My proudest achievement is my marriage
to my lovely wife and the six amazing chil-
Dolores L. Mitchell
women in medicine and the legitimacy of their General surgeon dren that we’ve raised together. Executive Director
professional competency was always in question. Norwood, Mass. Group Insurance Commission
Child care options were limited. I managed all What is the biggest obstacle you have had to overcome?
the executive functions of the home and the of- “Everyone who has Regulations and far too much paperwork “The stimulation
fice and the kids. It was a time when women had strived to help are my major obstacles to doing what I love: of working in
to do it all and carry the burden that if they stum- helping patients.
bled, all of women in medicine were blamed. relieve the suffering government, even
of the infirm and Who is your role model and why? in tough times, is
Given the recent passage of the new health care reform unfortunate is a role I have so many.Everyone who has strived to help energizing and
law, what do you consider the biggest challenge facing relieve the suffering of the infirm and unfortunate is
doctors and the health care industry today? model. Their calling nothing outside
a role model.Their calling is man’s ultimate goal.
The biggest challenge is to get all of medi- is man’s ultimate seems anywhere
cine “wired” securely and with interoperability. goal.” Given the recent passage of the new health care reform near as interesting.”
I think we are on the verge of huge break- law, what do you consider the biggest challenge facing
throughs in our knowledge of disease man- Outside/Community Activities doctors and the health care industry today? Outside/Community Activities:
agement and prevention when we can con- • American Medical Association Government oversight is going to be prob- • Big Sister Association
nect all the databases and utilize the informa- • Massachusetts Medical Society lematic, as it tends to value statistics over actu- • Massachusetts Women’s Political Caucus
BID-N JL RXforExcellence ad with b+w logo.ƒ_Layout 1 8/11/10 5:06 PM Page 1
The Massachusetts
Jeffrey H. Liebman, MBA, DMD Medical Law Report calls
President and Chief Executive Officer
Beth Israel Deaconess Hospital-Needham
him a leader in quality.
We’ve known that for years.
Leaders in Quality
• Watertown Democratic Town Committee Given the recent passage of the new health care reform What would be your dream job (other than your current
Leaders in Quality
prevention and primary care and to deem- Only by taking a more respectful and systems- to be targeted for cutbacks. Instead of Medicaid Tell us about what you do.
phasize the role of subspecialty care. based view can we practice good medicine. for a few more, we need Medicare for all. I am the president of the nation’s largest re-
Also, employment-based health insurance gional medical device organization.We’ve
What would be your dream job (other than your current What is the biggest obstacle you have had to overcome? is a very shaky pillar to pin our hopes upon,
one)? helped early stage companies get financing,
Beyond lack of time to do everything that given the high unemployment rates. Business- and are involved in various congressional ef-
Chief executive of an integrated health care
needs to be done, it is achieving the right bal- es – especially small businesses – will be un- forts to reform the Food and Drug Administra-
network.
ance of a macro and a micro view and ac- able to afford health insurance costs. tion and its product approval process.
tions.As a process-minded person, it’s easy for
What is one thing people don’t know about you? me to get stuck on micro level. On the other What would be your dream job (other than your current Why do you do what you do?
I can ride a unicycle. hand,working on a big picture policy level one)? The medical device industry continues to
misses on-the-ground realities and opportuni- I currently have my dream job; so my amaze me – the new technologies and ap-
ties for improvement. dream would be to have on a planet where proaches to health care delivery are astound-
there are 50 hours in each day. ing. Improvements in surgical products and
Who is your role model and why? techniques, medical imaging and drug deliv-
One of my role models is Donald Berwick, What is one thing people don’t know about you? ery have been astounding in the last 14 years.
Gordon D. Schiff, MD for bringing process mindedness and patient How truly wonderful my busy physician
wife has been to me since I broke my foot and
Great advances have been made in overall
Associate Director, Center for Patient Safety Research centeredness to the center of health care and technology and innovation, and my job allows
and Practice my practice.Another is Quentin Young, my first am on crutches for 3+ months. me to view those advances from the begin-
Brigham and Women’s Hospital chair of Medicine at Cook County, who ning.They’re helping reduce health care costs,
showed me how bringing patients and reduce patient trauma, and speed recovery
“Only by taking a providers together can be a powerful force times. It’s pretty amazing.
for change, accountability and justice.
more respectful
and systems-based Given the recent passage of the new health care reform
Thomas J. Sommer What is your proudest achievement?
Other than my 15 year old son? MassMEDIC – I
view can we practice law, what do you consider the biggest challenge facing President was its first employee and have enjoyed develop-
good medicine.” doctors and the health care industry today? MassMEDIC ing this trade association for the past 14 years.
There are a lot of misplaced beliefs that a fi-
nancial/market incentive will somehow solve “Great advances Who is your role model and why?
the problems of our health care system. have been made in My first boss – Aliceann Wohlbruck – ran a
Quality will be driven by pre-service health small organization of economic development,
Tell us about what you do. care as a service and a right. Building the cul- overall technology the National Association of Development Or-
I am a general internist.I work with Harvard ture and processes to support that service ap- and innovation, ganizations.
Risk Management Foundation on ambulatory proach is of the utmost importance. and my job allows She taught me everything I needed to
safety,especially on diagnosis errors. People think that putting more people on know about running a trade association. Un-
Patients get lost in our complex and frag- Medicaid is a good and viable route for getting to
me to view those
der her, I learned how to lobby effectively, at-
mented health system, yet often they and their universal health insurance. However, states are go- advances from the tract members and create an organization
physicians get blamed for things that go wrong. ing broke and health plans for the poor are likely beginning. ” that is of great value to its members.
BIDMC MMLR ad ƒ_Layout 1 8/12/10 11:14 AM Page 1
Healthy is
being a champion of quality health care
We congratulate Kenneth Sands, MD, Senior Vice President, Silverman Institute for Health Care
Quality and Safety at Beth Israel Deaconess Medical Center and Jeffrey Liebman, President and Chief
Executive Officer of Beth Israel Deaconess Hospital-Needham, for being recognized by the
Massachusetts Medical Law Report with its 2010 Rx for Excellence Award. Their contributions to our
hospitals serve as an inspiration to everyone who works with them.
Leaders in Quality
Given the recent passage of the new health care reform Tell us about what you do. cine and implementing fair and reasonable li-
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Thomas E. Sullivan, MD I’ve been taking care of patients since 1969. ability reform.
Cardiologist It was my responsibility to hire, lead and man-
For my industry, the new medical device Danvers, Mass. age the doctors in a non-profit staff model What would be your dream job (other than your current
tax will force companies to consider increas- HMO from 1985-1995. one)?
ing prices or making cuts in research and de- I can’t think of any better job, other than
velopment. I’m still unsure about how this will “I can’t think of Why do you do what you do? one that helps to accelerate the near miracu-
affect doctors, patients and medical technolo- any better job, I’m deeply driven by the memory and ex- lous recent advances in healing the sick and
gy companies. Hopefully it will be positive. other than one ample of my parents (my father was a physi- promoting wellness.
As more people are covered, my hope is cian, my mother was a nurse) in both my pro-
that helps to
that the law will create a more efficient fessional and my spiritual life.
method of developing health care and deliv- accelerate the
ering it to citizens.That said, a lot remains to near-miraculous What is your proudest achievement?
be seen. recent advances My 38-year-long marriage, and raising a fam-
What would be your dream job (other than your current in healing the sick ily with three children.Also creating and intro-
ducing innovative IT tools to make patient
David C. Turner
one)? and promoting wellness.” care better and easier for physicians.
President and CEO
To own and operate a second hand book- Masonic Health System of Massachusetts
store. Outside/Community Activities: What is the biggest obstacle you have had to overcome?
• Massachusetts Medical Society Resistance to change has been very diffi- “My proudest
What is one thing people don’t know about you? • Tobacco Free Massachusetts cult, mostly from outside the medical field but achievement is
I’m an avid reader and read at least one • Created and chaired the first IT committees sometimes from within.
book per week. at MMS and the AMA when I look around
Who is your role model and why? at the quality of the
My parents,who were able to combine pro- staff members with
fessionalism, compassion, equality, spirituality whom I have the
and the importance of education in a family
privilege to work.”
Visit our website with seven children and many close relatives.
www.mamedicallaw.com Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing Tell us about what you do.
doctors and the health care industry today? Masonic Health System offers senior care
It’s going to be difficult to re-align incen- services across the continuum primarily con-
tives to rebalance the supply of primary care sisting of three campuses located in Lincoln,
physicians, while making health care more af- Charlton and Northampton. MHS also offers
fordable, reducing anti-trust barriers for physi- home and community based services
cians, encouraging more “teamwork” in medi- throughout the Commonwealth via Overlook
in my team, but we also have a great deal of Paper reprints of articles, book reviews,
and efficient patient care, but that’s hardly the Rx FOR EXCELLENCE SEPT. 24 — HONOREES ANNOUNCED INSIDE — SEE PAGE 8
see page 14
fun and truly have a passion for what we are reality of what’s going on at this point. Board of Medicine releases Supreme Judicial Court
news items and verdicts & settlements are
weighs patient privilege
doing. new prescribing guidelines
First major revision of document since 2001
By Jack Dew
ment and others who are invested in main- have been had I not been there and to make
and inducements from the drug
and device industry;
• Guidelines on office-based
treatment of drug addiction, as
well as prescribing of controlled
substances to treat pain; and
Verdict for physician
overturned by judge
Patient dies after Thomas P. Billings granted.
The judge concluded that al-
my mark in health care. prescribing. surgery on knee though the standard for order-
ing a new trial following a jury
By Jack Dew verdict is “undeniably strin-
PDF File
The goal was to combine “in gent,” the verdict in the case
one document what’s already In a rare move, a Superior was “manifestly against the
been the different elements of pre- Court judge has overturned a weight of the evidence, and that
scribing expectations and respon- jury’s verdict in favor of a physi-
if you work in the industry. Providers rarely to solve common problems. New England and
cally, it’ll make it easier for physi- Superior Court, a jury ruled March 2004. He went to the
work collaboratively, let alone share informa- Massachusetts have been better than other
practices] are an important piece The plaintiff filed a motion surgery to reconstruct his ACL
©istockphoto.com Continued on page 16 for a new trial, which Judge Continued on page 11
Technologically, I’d say John Halamka, the Mass. Corporation Act your achievements are the perfect complement
While the new law will alter the landscape applies retroactively
CIO of Beth Israel Deaconess Medical Center. to reprints used every day in your practice or
for health care, significant changes in regula- By David E. Frank
He has made enormous technological ad- A plaintiff shareholder involved in the dissolution
of a hair salon was entitled to dismissal of a coun-
vances at that hospital, especially in his wide- The defendant argued that his counterclaim was
exempt under the 2004 Massachusetts Corporation
Act, which was enacted three years after the filing of
the lawsuit, since the demand requirements had
prosper.
demand requirement, it has done so expressly.
counterclaim.” giving notice to the corporation,” he said.“You have “I note in passing, that if ever there were a demand-
The nine-page decision is Blake, et al. v. Kennedy,
be mounted.)
statute’s notice requirement. “I read this (as did Judge Tauro) to include the
The plaintiff, Christopher Blake, filed suit seek-
“The message to be taken here is that any share- transformation of an existing individual action
ing various forms of relief against defendant Rus-
holder who intends to assert derivative claims by way into a derivative action, whether by counterclaim,
sell Kennedy. The original complaint named Curio
of a counterclaim has to give notice to the corpora- by amendment, or (as here) by an amended coun-
doctors and the health care industry today? tion,” he said.“The judge held that it makes no differ-
ence whether the cause of action accrued before [pas-
sage of] the statute or after.”
With the lack of state court precedent, Foye said
he relied, in part, on a 2005 decision by U.S. Dis-
trict Court Judge Joseph L. Tauro, which held that
Kennedy then counterclaimed, asserting a number
of theories including conversion.
Four years into the case, Kennedy filed an
amended counterclaim against Blake, which, for
the first time, purported to assert a shareholder’s
terclaim,” he wrote. “This is the only construction
that will ensure fulfillment of the statute’s underly-
ing purpose.”
Citing both Superior Court and U.S. District Court
rulings, Billings wrote that the 2004 statute repre-
sented a significant change from prior practices.
derivative claim on behalf of the salon. He also
lenge is to not lose sight that our true client is impossible. It’s going to be an extraordinarily
COURT: Superior Court
the addition of the derivative they might be curable — even at this late date — by
ISSUE: Was a plaintiff entitled to dismissal of a counterclaim where count was not preceded by a amendment,” he said. “Because no demand was
the defendant failed to properly make a written demand? demand on the corporation’s made, however, and because [the statute] is utterly
directors, it could not be as- unforgiving in this regard, amendment would be
DECISION: Yes serted under the statute. futile.” MLW
the seniors, their families and our staff; it is not painful and difficult process for the physicians Reprinted with permission from Dolan Media Co., 10 Milk Street, Boston, MA 02108. (800) 444-5297 © 2009 #01124vw
the government, insurance companies or oth- since the system before was about cost maxi-
er payer, or regulators. mization, where it needs to be about increasing
quality of care for patients at an affordable price. H99463
or joan.mcgonagle@lawyersweekly.com
wrought with obstacles because he’s been paint-
ed by extreme conservatives as an awful person.
www.mamedicallaw.com How do we get the political middle mobi-
lized in order to fix the system? I don’t know,
but that’s what I believe needs to happen.