Buy a Coat, Welcome a Medical Student into the Profession

All first-year medical students at Ohio University Heritage College of Osteopathic Medicine receive their first white coat compliments of the OOA and Ohio Osteopathic Foundation. It is a gift from their professional family to commemorate the beginning of their academic career as an osteopathic medical student. A program founded last year offers OOA members and other friends of the profession an opportunity to connect with these incoming students by sponsoring the purchase of a white coat.

Simply make your donation online in an increment of $45 to the Student White Coat Fund and write your message to the incoming student in the comment box. Make your tax-deductible donation by July 31.

News from the Statehouse

Ohio House of Representatives and Ohio Senate committees continue their busy schedule, with many bills and amendments related to the novel coronavirus pandemic.

In the House, lawmakers fast-tracked pandemic-related proposals for approval:

• HB 679 requires a health benefit plan to reimburse a health care professional for a covered telehealth service, but does not require the reimbursement to be a specific amount.
• HB 673 allows pharmacists to conduct COVID-19 and antibody tests and to supervise pharmacy interns and certified pharmacy technicians to do the same.
• HB 624 requires reporting of specific COVID-19 testing data from the Department of Health. Opponents argued most of the information is already available, infringes on patient confidentiality, and undermines health officials.

In non-COVID legislation, they approved:

• HB 484 requires an athletic trainer to practice under a collaboration agreement with a physician or podiatrist and eliminates the requirement a trainer be employed by an educational institution, a professional or amateur organization, or an athletic or health care facility. The bill serves as the first change to their practice act in 30 years.

State senators approved:

• HB 61 which incorporated another bill, SB 31, to require permission for contact tracing. Last week, a divided Senate rejected SB 31. This week, the floor amendment was revised to require “oral, written, electronic or telephonic” consent before contact tracing can begin.
• HB 11 creates a series of programs aimed at addressing infant mortality. It was amended to include changes to the state General Revenue Fund, allowing certain Medicaid appropriations to be allocated toward the federal share. The bill passed unanimously, 32-0.

COVID-19 Testing Expanded to all Priority Groups, Acton Resigns

At a press briefing on Thursday, Gov. Mike DeWine announced Ohio is expanding testing and encouraged those who want a COVID-19 test, including those who are low-risk or asymptomatic, to talk with their health care provider or contact a testing location to arrange a test. New guidance stipulates as of June 11, testing may be made available to individuals described in all Priorities, including Priority 5 - asymptomatic individuals. A series of “pop-up” testing locations is planned, beginning with six locations in Columbus. These temporary testing sites will be available all over the state, including in Cincinnati, Cleveland, Portsmouth, Dayton, Xenia, Columbiana, Akron, and other locations. 

The latest basic reproduction number or R0 (pronounced “R naught”) for Ohio’s eight regions was released. The R0 represents the number of people, on average, that a person will spread a disease to. The CDC estimates the COVID-19 R0, without interventions, is 2.5. With Ohio’s interventions, the R0 for the state measured slightly lower than 1.0 on June 1. Though there has been a slight increase in the R0 measurements in the Dayton region.

DeWine also announced that Amy Acton, MD, is stepping down as director of the Ohio Department of Health Director. She will instead serve as DeWine’s chief health advisor. Lance Himes, an attorney at ODH, was named interim director.

Court Watch

Late last year the OOA joined the Ohio Hospital Association and Ohio State Medical Association to file a friend of the court brief in Menorah Park v. Rolston. The case involves a breach of confidence claim for the unauthorized disclosure of medical information learned within the physician-patient relationship.

Menorah Park filed a collection action against Irene Rolston to recover an outstanding balance. Two billing statements, which contained protected health information, were attached to the complaint. Rolston responded with a class action counterclaim alleging Menorah Park improperly disclosed her protected health information to the court. This counterclaim was based on the independent tort recognized in Biddle v. Warren General Hospital “for the unauthorized, unprivileged disclosure to a third party of nonpublic medical information that a physician or hospital has learned within a physician-patient relationship.” But Menorah Park said Biddle didn’t apply in this case because HIPAA permits disclosures of protected health information for the purpose of obtaining payment for medical bills.

Our amicus brief on behalf of Menorah Park focused on two arguments:

1. HIPAA preempts a common law claim brought under Biddle for disclosure of protected health information where the disclosure was an “authorized disclosure” under HIPAA regulations.
2. A claimant cannot rely on a HIPAA regulation to determine whether the release of protected health information was “unauthorized” for the purpose of pursuing a common law claim under Biddle. Permitting a claimant to use the HIPAA standards to form the basis for a Biddle claim would essentially create a private right of action under HIPAA.

In a rare move, the Ohio Supreme Court directed attorneys in the case this week to answer the question:

Should this court overturn or modify the holding in Biddle v. Warren Gen. Hospital in light of the enactment of Health Insurance Portability and Accountability Act of 1996 and the subsequent promulgation of the HIPAA Privacy Rule?

This issue is precisely what the medical associations’ brief outlined. The parties must file simultaneous briefs not to exceed 25 pages within 30 days. Menorah Park counsel indicated they will borrow arguments raised “in the brief that caught the Court’s eye.”

Medical Board Considers Qualifying Conditions for Medical Marijuana

A State Medical Board committee rejected proposals to add autism and anxiety to the list of qualifying conditions for medical marijuana. However, the committee recommended one new condition, cachexia or wasting syndrome. SMBO is expected to make a final decision at its July meeting.

The board received 136 public comments, which included opposition from Cincinnati Children’s Hospital, Nationwide Children’s Hospital, and Ohio Children’s Hospital Association to include anxiety and autism spectrum disorder as qualifying conditions.

It was noted that pharmaceutical drugs containing synthetic THC have received FDA approval to treat cachexia, a condition that causes severe weight loss and muscle loss. It is a symptom of many chronic conditions, such as cancer, chronic renal failure, HIV, and multiple sclerosis.

Osteopathic Medical Award Presented at State Science Day

Six middle school and high school students received the Osteopathic Medical Award at the 72nd Annual State Science Day, held virtually May 26-June 2. Projects were judged in two divisions, 7th-9th grade and 10th-12th grade, by Ohio University Heritage College of Osteopathic Medicine (OU-HCOM) students. The awards, which carry a total of $650 in cash prizes, are sponsored jointly by the OOA and Ohio Osteopathic Foundation.

Matthew Colpo, OMSII, treasurer of the Student Osteopathic Medical Association and vice president of the Medical Mentoring Club at OU-HCOM Dublin campus, coordinated his classmates’ involvement. Thank you to Colpo and the 15 other judges: CeCelia Hanline, Emily Harris, Scott Jobe, Caroline Kurtz, Lauren Leesman, Kristina Myers, Madeleine Sorrick, Emily Scriven, Sarah Warnock, Sherilyn Rogers, Gina Cifani, Manel Guessas, Nishant Rangwani, Marissa Wierzbicki, and Abigail Wissman.

State Science Day, sponsored annually by the Ohio Academy of Science, is the pinnacle of 5th-12th grade student originated, inquiry-based science education. Because of the coronavirus pandemic, the live event was converted to an online competition.

Read more and see a list of the award recipients.