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<strong>Inside</strong><br />

Global Healthcare Summit –<br />

New Delhi, India . . . . . . . . . . . . .22<br />

HIPAA – What’s New<br />

This Year?<br />

by Peter Parvis,<br />

Healthcare Attorney . . . . . . . . . . . . .36<br />

AAPI Launches Political<br />

Action Committee<br />

Vinod K. Shah, MD, AAPI President<br />

Dino Teppara, Esq. , AAPI Director<br />

<strong>of</strong> Legislative Affairs . . . . . . . . . . . . . 26<br />

AAPI President Attends<br />

State Dinner . . . . . . . . . . . . . . . . . 35<br />

The U.S. Ayurveda<br />

Delegation Trip to India,<br />

January 28 to February 4, 2010<br />

by Dr. Navin Shah, Medical<br />

Education Director, Metropolitan<br />

Urologic Institute . . . . . . . . . . . . . . . .43


2 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Journal Winter 2010 www. aapiusa.org<br />

3


Contents<br />

aapi<br />

President<br />

Vinod K. Shah, M.D., F.A.C.C.<br />

600 Enterprise Drive, Suite #108<br />

Oakbrook, IL 60523<br />

Phone: (630) 990-2277<br />

Fax: (630) 990-2281<br />

www.aapiusa.org<br />

Editor<br />

Jayesh Kanuga, M.D.<br />

journal@aapiusa.net<br />

Co-Editor<br />

Prasad Srinivasan, M.D.<br />

prasads268@gmail.com<br />

Production & Design Coordinator<br />

Vipul Shah<br />

vipulshah.aapi@gmail.com<br />

Marketing Communications<br />

& Ad Sales<br />

Sam Fulambarker<br />

sam@aapiusa.net<br />

Accounts & Membership<br />

Vijaya Kodali<br />

vkodali@aapiusa.net<br />

Designed & Printed by<br />

GR Marketing & Graphic Design<br />

Phone: (813) 886-4500<br />

Fax: (813) 886-4501<br />

Copyright©2010 by<br />

<strong>American</strong> <strong>Association</strong> <strong>of</strong> <strong>Physicians</strong><br />

<strong>of</strong> <strong>Indian</strong> <strong>Origin</strong>.<br />

All rights reserved.<br />

Winter 2010 AAPI Journal<br />

About The Cover<br />

Counterclockwise: Official banner <strong>of</strong> the Global Healthcare Summit in New Dehli, India; Audience<br />

members sit mezmerized at the depth <strong>of</strong> topics at the Global Healthcare Summit; AAPI President, Dr.<br />

Vinod K. Shah and wife, Ila, smile proudly at President Obama's first <strong>of</strong>ficial State Dinner honoring<br />

Prime Minister Manmohan Singh; taken by Dr. VK Shah after a Lukemia & Lymphoma Society<br />

benefit, "Light the Night Walk", a beautiful picture <strong>of</strong> the U.S. Capitol Building on a cold, rainy night<br />

- despite the weather, thousands <strong>of</strong> people attended the LLS benefit; supporters <strong>of</strong> Team Ami-Ba are<br />

geared up and ready to walk the 2.5 mile "Light the Night Walk" to support the LLS - Team Ami-Ba<br />

raised over $32,000 (http://www.lightthenight.org/nca/localchapter/top_fundraisers)<br />

Executive Officers Reports<br />

President’s Report<br />

Vinod K. Shah, MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6<br />

President’s Elect’s Report<br />

Ajeet Singhvi, MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8<br />

Vice President’s Report<br />

Sunita Kanumury, MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10<br />

Treasurer’s Report<br />

Jayesh Shah, MD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12<br />

Secretary’s Report<br />

Narendra Kumar, MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14<br />

Board <strong>of</strong> Trustees Report<br />

Sanat Gandhi, MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14<br />

In The News<br />

AAPI President Attends State Dinner<br />

Dr. Vinod K. Shah, the only national president <strong>of</strong> an <strong>Indian</strong> <strong>American</strong><br />

community organization to attend the State dinner at the invitation<br />

<strong>of</strong> President Barack Obama, speaks about his experience. . . . . . . . . . . . . . . . . . . . . . . 35<br />

Dr. Sudhir M. Parikh Receives Padma Shri Award<br />

Dr. Sudhir M. Parikh, Publisher, India Advocate,<br />

Philanthropist, Physician<br />

<strong>Indian</strong> <strong>American</strong> physician, philanthropist and publisher, Dr. Sudhir M.<br />

Parikh, has been named a recipient <strong>of</strong> the 2010 Padma Shri award. . . . . . . . . . . . . . 27<br />

Dr. Onaly A. Kapasi Receives New England’s 2009<br />

Distinguished Humanitarian Service Award<br />

Onaly A. Kapasi, MD, a nominee for the <strong>American</strong> Academy <strong>of</strong> Orthopedic<br />

Surgery’s Humanitarian Service Award, recently received the Distinguished<br />

Humanitarian Service Award from the <strong>Indian</strong> Medical <strong>Association</strong> <strong>of</strong><br />

New England (IMANE) on November 21, 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33<br />

The AAPI Journal is published quarterly by the <strong>American</strong> <strong>Association</strong> <strong>of</strong> <strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong> <strong>Origin</strong> (AAPI). This publication may not be reproduced<br />

in whole or in part without the express written permission <strong>of</strong> AAPI. All articles published including editorials, letters and book reviews represent the<br />

opinions <strong>of</strong> the authors and do not reflect the <strong>of</strong>ficial policy <strong>of</strong> AAPI.<br />

4 www. aapiusa.org Winter 2010 AAPI Journal


Featured Articles<br />

AAPI Launches Political Action Committee<br />

Vinod K. Shah, MD, AAPI President<br />

Dino Teppara, Esq. , AAPI Director <strong>of</strong> Legislative Affairs<br />

<strong>Physicians</strong> are the key players in providing quality health care to the <strong>American</strong> people.<br />

However, they are not a large nationwide constituency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26<br />

AAPI Clinic launches HIV, Hepatitis and Mother-Child<br />

programs and conducts health camp<br />

by Jagan Ailinani, MD, Past President,<br />

Board <strong>of</strong> Director AAPI-Charitable Foundation<br />

The AAPI Preventive Health Clinic, initiated several<br />

projects in rural Andhra Pradesh this year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30<br />

HIPAA – What’s New This Year?<br />

by Peter Parvis, Healthcare Attorney<br />

HIPAA (Health Insurance Portability and Accountability Act <strong>of</strong> 1996)<br />

affects everyone who uses, provides, or pays for health care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36<br />

Special Articles<br />

MSRF: Year to Date<br />

by Chirag Parghi, MD<br />

The AAPI-MSRF (Medical Student, Resident, Fellow) section has<br />

had a busy year with a focus on increasing awareness nationwide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15<br />

NRIs and Globalization<br />

The following is the summary <strong>of</strong> the invited talk given before<br />

the AP Medical and Dental College’s Management <strong>Association</strong> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16<br />

Process <strong>of</strong> Progress<br />

Onaly A. Kapasi, MD<br />

To analyze and comprehend progress we must understand<br />

and establish the process <strong>of</strong> measuring progress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18<br />

Global Healthcare Summit – New Delhi, India<br />

The <strong>American</strong> Associate <strong>of</strong> <strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong> <strong>Origin</strong> (AAPI) was proud to host a<br />

Global Healthcare Summit at Modia Sheraton Hotel in New Delhi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22<br />

Book Review: ‘CHEATING DEATH’<br />

by M. P. Ravindra Nathan, MD, Brooksville, FL<br />

Anyone who is frustrated by the failure <strong>of</strong> standard approaches for treating critically ill<br />

patients will be amazed at what Dr. Sanjay Gupta has to say in his latest book,<br />

‘Cheating Death,’ a New York Times best seller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28<br />

The U.S. Ayurveda Delegation Trip to India, January 28 to February 4, 2010<br />

by Dr. Navin Shah, Medical Education Director, Metropolitan Urologic Institute<br />

Delegation: Seven delegates including six Complementary Alternative Medicine<br />

(CAM) directors <strong>of</strong> six major United States medical schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

5


President’s Report<br />

Dear Friends,<br />

As your President, I have been regularly sending<br />

you a monthly e-newsletter to keep you abreast with<br />

the activities <strong>of</strong> our organization. This monthly<br />

communication has been very well received and I<br />

would like to express my gratitude for the many<br />

compliments you have sent to me and to the AAPI<br />

<strong>of</strong>fice.<br />

Fall Governing Body<br />

We had an exciting and very well attended Fall<br />

Governing Body meeting in San Antonio, TX. The<br />

Texas Indo <strong>American</strong> Physician Society SW<br />

Chapter (TIPS-SW) did a great job in organizing<br />

the event. The AAPI Charitable Foundation dinner<br />

generated $15,000.<br />

White House State Dinner<br />

I am honored that President Obama provided me<br />

with an opportunity to join 300 guests in welcoming<br />

Prime Minister Dr. Manmohan Singh. This was<br />

truly a memorable event recognizing the global<br />

presence <strong>of</strong> the world’s largest democracy.<br />

Reception in Honor <strong>of</strong> Prime Minister<br />

Dr. Manmohan Singh<br />

On November 25th, along with other AAPI<br />

members, I attended a reception in Washington,<br />

D.C. to honor <strong>Indian</strong> Prime Minister Dr.<br />

Manmohan Singh hosted by India’s Ambassador to<br />

the United States, Hon. Ambassador Meera<br />

Shankar.<br />

AAPI/AKMG Dubai Annual Convention<br />

and CME Program<br />

AAPI/AKMG Dubai CME meeting was well<br />

attended by over 600 physicians. The AKMG<br />

leaders were outstanding hosts and arranged<br />

excellent CME topics and speakers in addition to<br />

the gala dinner event cruise on New Year’s Eve.<br />

Vinod K. Shah, MD<br />

President<br />

AAPI Global Healthcare Summit -<br />

New Delhi, India<br />

AAPI Global Healthcare Summit was great a<br />

success and was well attended by physicians from<br />

around the world. The Summit shared the best<br />

practices and experience from leading experts around<br />

the world to develop actionable plans for launching<br />

demonstration projects with focus on prevention,<br />

treatment and management <strong>of</strong> priority disease states<br />

in India with define measurable metrics to ensure<br />

that action plans are economically viable.<br />

3C Conference in Ahmedabad<br />

Attended 3C Conference in Ahmedabad and gave<br />

a talk on “The Role <strong>of</strong> AAPI and US <strong>Physicians</strong> in<br />

Building the Bridge”.<br />

Spring Governing Body<br />

Meeting/Women’s Forum<br />

AAPI’s Spring Governing Body Meeting will be<br />

held in Washington, D.C. from April 17-18, 2010<br />

along with the Women’s Forum. AAPI delegates will<br />

have a private meeting with former President <strong>of</strong><br />

India Dr. Abdul Kalam.<br />

AAPI Convention 2010<br />

The 28th Annual AAPI Convention will be held<br />

at the Gaylord National Hotel and Convention<br />

Center from Wednesday through Sunday, June 23-<br />

27, 2010. Registration opened on Sunday, February<br />

28th. As we received several requests from our<br />

Continued on page 7<br />

6 www. aapiusa.org Winter 2010 AAPI Journal


President’s Report...continued<br />

Continued from page 6<br />

members, we introduced kick <strong>of</strong>f and advanced<br />

pricing for the initial 2 weeks.<br />

AAPI Bylaws<br />

AAPI Bylaws were extensively deliberated by the<br />

Bylaws Committee, Executive Committee, and<br />

approved unanimously at the Fall Governing Body<br />

meeting in San Antonio, TX. The changes <strong>of</strong> the<br />

Bylaws were mailed to the entire membership and<br />

the ballots were counted. I am pleased to inform you<br />

that 955 out <strong>of</strong> the 1,026 ballots that were returned<br />

showed unanimous approval <strong>of</strong> all changes<br />

presented. The new AAPI Bylaws will come into<br />

effect immediately.<br />

Opportunity for an existing Patron member<br />

to nominate a new Patron member<br />

The AAPI <strong>of</strong>fice has received 295 applications for<br />

the $100 Patron Nomination initiative. We are<br />

working on these applications and will present them<br />

to the Spring Governing Body for its final approval.<br />

I would like to express my gratitude for your<br />

friendship and trust and look forward to working<br />

with you in the coming years.<br />

Sincerely yours,<br />

Vinod K. Shah, MD, F.A.C.C.<br />

AAPI Executive Officers<br />

Vinod K. Shah, MD<br />

President<br />

Ajeet Singhvi, MD<br />

President Elect<br />

Sunita Kanumury, MD<br />

Vice President<br />

Narendra Kumar, MD<br />

Secretary<br />

Jayesh Shah, MD<br />

Treasurer<br />

Sanku Rao, MD<br />

Past President<br />

Sanat Gandhi, MD<br />

Chair, BOT<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

7


President-Elect’s Report<br />

As the President-Elect <strong>of</strong> the <strong>American</strong> <strong>Association</strong> <strong>of</strong><br />

<strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong> <strong>Origin</strong> (AAPI), it is my privilege to<br />

present the President-Elect’s report.<br />

Ajeet Singhvi, MD<br />

President Elect<br />

I would like to thank the Constitution & Bylaws<br />

committee, for having deliberated and gone through the<br />

Bylaws extensively this year. The committee members are<br />

as follows:<br />

Advisors: Drs. S. Jay Jayasankar, MA & Krishan K.<br />

Aggarwal, WV<br />

Members: Drs. Madhu Aggarwal, WV Anuj Chandra,<br />

TN, Ashok Fulambarker, IL, Ashok Jain, MI, Narinder<br />

Kukar, NY, Arun Narang, IL, Nidhi Mehta, NV,<br />

Rajendra Mehta, NY, Jyotin Patel, CA, Velugubanti<br />

Prasadarao, VA, Manju Sachdev, TX, Lalit Savla, MA,<br />

Harnath Singh, AZ, Jawahar Tank, FL, Ram Upadhyay,<br />

MA, Priya Kundra, MD, Mamta Singhvi, CA<br />

We are working to update the Convention Manual<br />

which has been a guide for the convention committees for<br />

smooth execution <strong>of</strong> AAPI Conventions. In view <strong>of</strong> the<br />

fast evolving technology, a lot <strong>of</strong> information in the<br />

manual has become outdated. Lessons learned from past<br />

conventions also need to be incorporated. Senior leaders<br />

<strong>of</strong> AAPI have been devoting their valuable time in<br />

assisting us in this project.<br />

Since this year I did not need to spend time in<br />

campaigning for the AAPI elections which incidentally<br />

takes a lot <strong>of</strong> Officers’ time, I have had time at hand to<br />

help our President, Dr. Vinod Shah, Board <strong>of</strong> Trustee’s<br />

Chairman, Dr. Sanat Gandhi, Vice President, Dr. Sunita<br />

Kanumury, Secretary, Dr. Narendra Kumar,Treasurer, Dr.<br />

Jayesh Shah and various Committee Chairs in whatever<br />

capacity they have needed my help.<br />

Many members are willing to serve our organization in<br />

various committees. Please call me or the AAPI <strong>of</strong>fice at<br />

630-990-2277 and let us know if you would like to serve<br />

on any <strong>of</strong> next year’s Standing or Ad Hoc Committees.<br />

We are also planning a calendar <strong>of</strong> events for the year<br />

2010-2011. Please call us for any suggestions. We request<br />

you to join us in as many AAPI sponsored programs as<br />

possible.The 29th Annual AAPI Convention will be held<br />

in New York City from June 22-26, 2011 at The Hilton<br />

Hotel, at Avenue <strong>of</strong> Americas. The previous Convention<br />

held in New York City was in the year 2000.<br />

Vijaya and Sam have been very efficient and have been<br />

working tirelessly to catch-up with the extra work.<br />

Telephone calls are being personally answered and<br />

individual logs <strong>of</strong> outgoing and incoming calls are being<br />

kept. Any complaints or grief <strong>of</strong> AAPI members or<br />

vendors should be referred to an <strong>of</strong>ficer for swift<br />

resolution.<br />

I hope to see some you at the AAPI Governing Body<br />

meeting in April and many <strong>of</strong> you in Washington, D.C.<br />

for the 28th Annual AAPI Convention. The Convention<br />

committee under the leadership <strong>of</strong> Dr. Nayan Shah is<br />

planning a very good event and I you to join us for what<br />

will undoubtedly be a memorable event.<br />

I have been fortunate to have the full support and<br />

confidence <strong>of</strong> the Executive Committee, which has made<br />

my job easy and pleasurable. It has been my honor in<br />

serving the AAPI membership as your Treasurer,<br />

Secretary, Vice President and President-Elect.<br />

I will be happy to receive and respond to your<br />

comments.<br />

Respectfully Submitted,<br />

Ajeet R. Singhvi, M.D., F.A.C.G<br />

President-Elect, AAPI<br />

O: 951-929-0124<br />

H: 951-927-7177<br />

asinghvi@aol.com<br />

8 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Journal Winter 2010 www. aapiusa.org<br />

9


Vice-President’s Report<br />

Dear Colleagues,<br />

Thank you for supporting me and I am honored<br />

to serve as your Vice President in 2009-2010. In my<br />

90-day report, I had chalked out my agenda for my<br />

Year and I now present you my Semi Annual<br />

Report.<br />

Continuing on my Mantra about sound<br />

Membership, I am crediting my success to the<br />

concept <strong>of</strong> TEAM WORK.<br />

Having participated with the day to day workings<br />

<strong>of</strong> AAPI, I have attended The Governing Body<br />

Meeting, Indo-US Healthcare Summit and other<br />

AAPI related activities I have worked on towards<br />

membership issues.<br />

Membership Numbers as<br />

<strong>of</strong> February 28, 2010<br />

Chapter Patron Member – Three<br />

- <strong>American</strong> <strong>Association</strong> for Emergency<br />

Medicine in India (AAEMI)<br />

- Georgia <strong>Association</strong> <strong>of</strong> <strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong><br />

<strong>Origin</strong> (GAPI)<br />

- Knoxville Region <strong>of</strong> <strong>Indian</strong> <strong>Physicians</strong><br />

<strong>Association</strong> (KRIPA)<br />

Sunita Kanumury, MD<br />

Vice President<br />

Reaching out to Membership<br />

I executed an initiative to vet Young <strong>Physicians</strong> to<br />

be Patron Members <strong>of</strong> AAPI by Launching “AAPI<br />

CONNECTS! Enhance Your Pr<strong>of</strong>ession, Advance<br />

Your Career, and Enrich Your Community...........”<br />

My Membership Strategies, Database and<br />

Program Execution Teams have helped me perform<br />

with distinction in reaching out to Members. I<br />

brought awareness with a potential to grow the<br />

number <strong>of</strong> members by personally traveling to more<br />

than 18 events held by Local Chapters and Alumni<br />

Organizations across United States.<br />

We have designed an initiative to <strong>of</strong>fer dual<br />

membership to members <strong>of</strong> Sister Organizations.<br />

This initiative was on the floor <strong>of</strong> the Governing<br />

Body in the Fall but was put for further discussion<br />

Continued on page 11<br />

*Annual members from July 1, 2008 to June 15, 2009<br />

As <strong>of</strong> June 15, 2009 As <strong>of</strong> February 28, 2010<br />

From June 16 to<br />

February 28, 2010<br />

Patron – Life member 6583 6631 48<br />

MSRF – Our Future 7439 7888 449<br />

YPS – Our Youth 94 127 33<br />

Annual – Our Strength 157* 199 42<br />

Total 14273 14845 572<br />

10 www. aapiusa.org Winter 2010 AAPI Journal


Vice-President’s Report...continued<br />

Continued from page 10<br />

in the Spring Governing Body <strong>of</strong> 2010. I have been<br />

working with the local chapter committees to come<br />

forward with proposals so that our committee can<br />

review the needs <strong>of</strong> our members before discussion<br />

and being formalized into a bylaw in future.<br />

My journey across America has helped me<br />

understand the concerns and challenges AAPI faces<br />

as an organization. As a result I have come across<br />

many physicians who excel in their work,<br />

community and charitable activities.<br />

I have requested many to participate in National<br />

AAPI events and have tried to showcase their<br />

activities on the AAPI website to inspire and help<br />

our members and younger physicians.<br />

Marketing and Promoting AAPI:<br />

To increase awareness about National AAPI<br />

issues, AAPI marketing materials and slides that are<br />

more informative and attractive have been<br />

distributed to chapter members in areas that I have<br />

traveled.<br />

The continuously monitored and updated AAPI<br />

website is a result <strong>of</strong> successful coordination<br />

between various committees in AAPI.<br />

Database Correction:<br />

My Vice Presidency had its Challenges which<br />

still remain when it come to the fact that significant<br />

portion <strong>of</strong> addresses and emails in our database are<br />

incorrect. I continue to strive to get this done and I<br />

am hopeful that my successor will do the same. I<br />

request all members to visit our new interactive<br />

website www.aapiusa.org to update their contact<br />

details. Our committee is working on a short term<br />

and long term plan on correcting the database.<br />

In the short term with the help <strong>of</strong> couple <strong>of</strong> my<br />

committee members and AAPI personnel we were<br />

able to correct about 500 addresses and some<br />

duplicates as <strong>of</strong> date and the process is ongoing.<br />

In the long term with the help <strong>of</strong> committee<br />

members and IT committee, working to come up<br />

with a plan to develop local chapter websites and<br />

integrate local chapter database with the National<br />

database, so that we can maintain accuracy. Working<br />

towards electronic database.<br />

I request all members to participate in AAPI.<br />

They can take pride in participating in an<br />

organization that can speak out on the issues<br />

affecting the field <strong>of</strong> medicine in communities<br />

nationwide. Join us and add your voice to ours on<br />

behalf <strong>of</strong> the future we will share.<br />

Please contact me at anytime, all the time.<br />

I am your Vice President and I am here to serve.<br />

Sincerely,<br />

Sunita Kanumury, M.D.<br />

Vice President, AAPI<br />

Chairperson, AAPI Membership Committee<br />

Office: 973-627-1000<br />

Email: sunitakanumury@yahoo.com<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

11


Treasurer’s Report<br />

It is my privilege and honor to serve you as your<br />

Treasurer and I am happy to provide you with the<br />

updated financial status <strong>of</strong> our organization. I have<br />

done everything I could do to keep close tabs on<br />

expenses. The financial activities are monitored<br />

closely at the AAPI National Executive Office by<br />

a weekly teleconference with the AAPI <strong>of</strong>fice and<br />

Dr. Vinod Shah, and a monthly Treasurer’s Report<br />

is sent to the entire Executive Committee before<br />

scheduled teleconferences.<br />

• As Chair <strong>of</strong> the AAPI Resource Committee, I<br />

was able to secure funds to keep the AAPI<br />

Journal budget neutral.<br />

Jayesh Shah, MD<br />

Treasurer<br />

• A detailed Treasurer’s report was presented at<br />

the Governing Body Meeting in San Antonio in<br />

October and I look forward to presenting an<br />

updated report at the Washington, D.C.<br />

Governing Body Meeting.<br />

• This year, in order to bring consistency and to<br />

consolidate our financial positions, the YPS,<br />

MSRF, and AAPI convention account holders<br />

were requested to bring their accounts to the<br />

AAPI central <strong>of</strong>fice.<br />

This year, besides keeping tabs on expenses and<br />

keeping books in order, I actively worked to:<br />

1. Increase involvement <strong>of</strong> young physicians and<br />

enhance their participation at all levels <strong>of</strong><br />

Cash Balances as <strong>of</strong> February 28, 2010<br />

Expenses<br />

Operating Account $368,548.13 Bank Fees $2,156<br />

Healthcare Summit Account $9,169.64 Computer Related $17,450<br />

Women’s Forum Account $2,768.72 Condo Fee $4,739<br />

AAPI YPS Account $8,071.00 Office/Other Expenses $12,338<br />

AAPI MSRF Account $2,485.00 Storage $1,680<br />

AAPI ACCME Account $16,010.00 Legislative Director $23,000<br />

Washington DC Convention Account $993.04 Real Estate Taxes $1,727<br />

Orlando Convention Account $5,033.19 Postage $4,193<br />

Income Printing $52,486<br />

Orlando Convention Income $221,868 Salaries/Benefits $114,318<br />

Patron 5% $112,899 Travel $8,559<br />

Sponsorships $178,000 Audit $4,800<br />

Journal Ads $61,500 Insurance $3,133<br />

Membership Dues $6,850 Governing Body $2,607<br />

Election Nomination Fee $7,500 Legislative Expenses $2,584<br />

Royalties $4,027 YPS/MSRF Support $5,000<br />

AAPI CME $1,231 Texas A&M $35,000<br />

Website Ads $900 Media $7,500<br />

Miscellaneous $198<br />

Continued on page 13<br />

12 www. aapiusa.org Winter 2010 AAPI Journal


Treasurer’s Report...continued<br />

Continued from page 12<br />

AAPI. With the help <strong>of</strong> Dr. Vinod Shah,<br />

President, we were able to secure a grant to do a<br />

leadership and YPS conference for young<br />

physicians throughout the country.<br />

2. Develop and expand externship programs in<br />

the U.S. As the AAPI liaison <strong>of</strong>ficer for the<br />

Observership Committee, we have opened up an<br />

Observership Co-coordinator Position, which is<br />

an Internship position for a physician awaiting<br />

residency. At the main <strong>of</strong>fice, this physician will<br />

be responsible for coordinating matching<br />

observers with proctors.<br />

3. Strengthen the base <strong>of</strong> AAPI by empowering<br />

local chapters. As your representative, I<br />

attended a Chirag Fundraiser at Cleveland, an<br />

AKMG meeting in Chicago, an IMA meeting<br />

in Southern California, a MAPI meeting in<br />

Michigan, and a Queens and Long Island<br />

annual meeting.<br />

4. Further the goal to improve quality <strong>of</strong> healthcare<br />

in India. With the help <strong>of</strong> TIPS SW Chapter, a<br />

fund raiser event for the AAPI Charitable<br />

Foundation was organized and $20,000 was<br />

donated to the AAPI Charitable Foundation.<br />

Actively participated in the Global Healthcare<br />

Summit and worked on pocket cards for diabetes,<br />

which were distributed locally in India.<br />

5. Closely work with organized medicine at state,<br />

national and subspecialty levels. I will remain the<br />

AAPI liaison to AMA and will continue to<br />

advocate on behalf <strong>of</strong> IMG’s and other physicians.<br />

While concluding, I want to thank you for<br />

electing me as your next Secretary. I am humbled<br />

with your confidence in my abilities to bring this<br />

great organization to greater heights.<br />

With kind regards,<br />

Jayesh Shah, MD<br />

Treasurer, AAPI<br />

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AAPI Journal Winter 2010 www. aapiusa.org<br />

13


Secretary’s Report<br />

It has been a distinct pleasure working as your<br />

Secretary under the able leadership <strong>of</strong> our President<br />

Dr. Vinod K. Shah, President-Elect Dr. Ajeet<br />

Singhvi, BOT chair Dr. Sanat Gandhi and the entire<br />

Executive Committee. We all have been working<br />

together for the good <strong>of</strong> our organization, although at<br />

times we have to respectfully disagree on certain<br />

major decisions. It has been a humbling and learning<br />

experience for me to be your Treasurer and Secretary.<br />

As Secretary, I have tried to fulfill my duties to the<br />

best <strong>of</strong> my ability in keeping the AAPI <strong>of</strong>fice and our<br />

records in proper order. Our <strong>of</strong>fice staff Vijaya Kodali<br />

and Sam Fulambarker are doing a fantastic job and<br />

they are truly committed and devoted to our<br />

organization. We are in the process <strong>of</strong> filling a<br />

temporary <strong>of</strong>fice staff position during the busy<br />

Convention season. Hopefully one <strong>of</strong> these days we<br />

may be able to fulfill our goal <strong>of</strong> finding an Executive<br />

Director for our AAPI <strong>of</strong>fice. We are keeping proper<br />

records <strong>of</strong> all Executive Committee minutes,<br />

Governing Body minutes and General Body<br />

minutes. We also keep copies <strong>of</strong> all major contract<br />

negotiations. Our tax returns and Convention<br />

financial reports are up to date. We have been<br />

constantly trying to update our database and need<br />

Narendra Kumar, MD<br />

Secretary<br />

your continued help in this matter. With the<br />

changing times, we also have tried to upgrade and<br />

update our AAPI web site. In preparation for the<br />

2010 election, I have certified the voters list and the<br />

ballots. I am closely working with Dr. Vinod Shah<br />

and Dr. Nayan Shah (Convention Chair) on all<br />

matters relating to 2010 Spring Governing Body<br />

Meeting and Annual Convention. Hope to see you<br />

all in our Nation's Capitol.<br />

Thank you once again for your continued<br />

confidence and giving me another opportunity to<br />

serve as your next Vice President.<br />

Respectfully Submitted,<br />

Narendra R. Kumar, M.D.<br />

AAPI Secretary<br />

Board <strong>of</strong> Trustees Report<br />

Thanks to improving the stock market. Trust<br />

account has done well.<br />

Our Trust account is managed by Glad Kurian and<br />

Kamesh Nagarajan <strong>of</strong> Smith Barney. Our exposure to<br />

the stock market is about 48%, with about 10% in<br />

Gold and rest in the fixed income. Our total net<br />

stands at $2,406,241.46 as <strong>of</strong> February 28, 2010.<br />

Let us hope the stock market remains in a recovery<br />

phase.<br />

Sanat Gandhi, MD<br />

Chair, BOT<br />

Respectfully submitted,<br />

Sanat Gandhi, MD<br />

Chairman<br />

AAPI Board <strong>of</strong> Trustees<br />

14 www. aapiusa.org Winter 2010 AAPI Journal


MSRF: Year to Date<br />

by Chirag Parghi, MD<br />

The AAPI-MSRF (Medical Student, Resident,<br />

Fellow) section has had a busy year with a focus on<br />

increasing awareness nationwide. We have hosted<br />

charity networking socials in eight cities aimed at<br />

mobilizing <strong>Indian</strong> physicians in training.<br />

Contributions have been used towards earthquake<br />

relief in Haiti, building schools in India, and even<br />

funding charitable cataract surgeries in rural India.<br />

By linking our social and pr<strong>of</strong>essional networking<br />

ability with these wonderful causes, we have been<br />

able to make a difference. This is an initiative that I<br />

am quite proud <strong>of</strong> and would like to see grow in the<br />

years to come as we have limitless ability to unite<br />

towards charitable endeavors.<br />

As this year’s match day approaches, another<br />

round <strong>of</strong> applicants will soon discover if and where<br />

they will be training. This application process is quite<br />

rigorous and <strong>of</strong>ten is controlled by random<br />

circumstances such as personal contacts or through a<br />

lucky meeting. Meeting a single advocate in your<br />

field can be the single-most important factor in<br />

securing a residency spot, or a desired residency<br />

position. In order to facilitate these encounters,<br />

MSRF has created a national database <strong>of</strong> our<br />

membership that can be sorted by specialty and<br />

location. Our members are already using it to get<br />

sage advice or find mentors in the different<br />

specialties. Career advancement in our stage <strong>of</strong> the<br />

game is a difficult process in medicine with its own<br />

rules; we <strong>of</strong>fer our membership to help with this<br />

process.<br />

Lastly, I would like to encourage all <strong>of</strong> you to<br />

come to our annual convention in Washington, DC<br />

from June 23rd to 27th. My board and I have been<br />

enthusiastically planning what I am sure will be the<br />

most memorable MSRF convention to date. We<br />

have exciting daytime events including a research<br />

contest among our general membership, elegant<br />

evening galas utilizing the rich canvas <strong>of</strong> Washington<br />

DC, and a signature political twist that could only be<br />

done in our nations capital. Please check your<br />

calendars and register at www.aapiconvention.com.<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

15


NRIs and Globalization<br />

A Non-Resident <strong>Indian</strong>’s Thoughts on Effects <strong>of</strong> Globalization and<br />

Market Economy on Medicine and Health Care<br />

The following is the summary <strong>of</strong> the invited talk<br />

given before the AP Medical and Dental College’s<br />

Management <strong>Association</strong> during the Platinum<br />

Jubilee Celebrations <strong>of</strong> the Medical Council <strong>of</strong> India<br />

at Hyderabad in December 2008.<br />

The benefits <strong>of</strong> globalization are potentially<br />

enormous and include increased sharing <strong>of</strong>:<br />

• Ideas and cultures<br />

• Lifesaving technologies<br />

• New infrastructures<br />

• Resources to breach disparities and lessen threat<br />

Yet, according to the United Nations Development<br />

Program, over the past 30 years, the gap in per capita<br />

income between wealthy and poor nations has tripled.<br />

More than 1.2 billion <strong>of</strong> the world’s people live on<br />

less than one dollar a day. Life expectancy in the 48<br />

least developed countries is just 51 years, and the<br />

infant mortality rate (IMR) averages 100/1000.<br />

WHEN ANYONE SNEEZES, EVERYONE<br />

CATCHES COLD – gist <strong>of</strong> globalization.<br />

One <strong>of</strong> the most predictable accompaniments to<br />

globalization is the emergence <strong>of</strong> new diseases and the<br />

re-emergence <strong>of</strong> old ones. In 1865, it took 365 days to<br />

circumnavigate the globe—now it takes 36 hours.<br />

Disease also migrates. The share <strong>of</strong> TB cases in the<br />

US’s foreign-born population increased from 30% <strong>of</strong><br />

all US TB cases in 1992, to 46% in 2000.<br />

The share <strong>of</strong> multi-drug resistant cases occurring in<br />

the foreign-born US population increased from 31%<br />

to 72%.<br />

Four Globalization Gaps:<br />

1. Research 10/90<br />

2. Pharmaceutical research and development (R&D)<br />

for neglected diseases<br />

3. Internet<br />

4. Gender<br />

1. Research 10/90 gap<br />

Research 10/90 is a term that illustrates the fact<br />

that only 10% <strong>of</strong> the biomedical research funding is<br />

targeted to the diseases that account for 90% <strong>of</strong> the<br />

global burden <strong>of</strong> disease.<br />

According to the Commission on Macroeconomics<br />

and Health, at least $3 billion /year should be<br />

allocated to the R & D <strong>of</strong> the health priorities <strong>of</strong> the<br />

poor. Half <strong>of</strong> this $3 billion is proposed to go to a<br />

newly created international version <strong>of</strong> the National<br />

Institutes <strong>of</strong> Health (NIH), called the Global Health<br />

Research Fund.<br />

Yet the entire budget <strong>of</strong> tropical disease research at<br />

the World Health Organization (WHO) directed at<br />

the 8 major tropical diseases is only $30 Million.<br />

It is estimated that worldwide, countries annually<br />

spend more than $800 Billion on weapons and<br />

military resources.<br />

What India can do to reduce the 10/90 gap<br />

History has shown that excellent scientific research<br />

has not always translated into solutions.<br />

The stunning discoveries <strong>of</strong> the causes and<br />

treatment <strong>of</strong> tuberculosis and malaria have resulted in<br />

three Nobel Prizes but had not translated into general<br />

accessibility for the global populations.<br />

Continued on page 17<br />

16 www. aapiusa.org Winter 2010 AAPI Journal


NRIs and Globalization...continued<br />

Continued from page 16<br />

50 years later the incidence <strong>of</strong> tuberculosis is still at<br />

eight million cases per year—and it kills two million<br />

annually.<br />

The story <strong>of</strong> yellow fever is equally sad.<br />

Clinicians and researchers <strong>of</strong> India who can stand<br />

in the interface between the laboratory bench and<br />

global public health issues are vital to this process.<br />

2. Pharmaceutical R&D Gap<br />

The small part <strong>of</strong> the globe accounting for 15% <strong>of</strong><br />

the earth’s population provides nearly all <strong>of</strong> the world’s<br />

technology innovation. North America, Europe, and<br />

Japan accounted for 80% <strong>of</strong> the world pharmaceutical<br />

markets in 2002 (total value $406 billion), while<br />

Africa, Asia, Latin America, and the Middle East<br />

accounted for 20% <strong>of</strong> the market, despite representing<br />

80% <strong>of</strong> the world population.<br />

Even when effective drugs are available, patent<br />

protection and WTO agreements on trade-related<br />

aspects <strong>of</strong> intellectual property rights (TRIPS) can<br />

hinder availability <strong>of</strong> drugs to those with the most<br />

need.<br />

3. Globalization and the Internet Gap<br />

The past two decades have seen dramatic advances<br />

in independent media and global communication<br />

with the dramatic expansion <strong>of</strong> the internet. It has<br />

been the internet that <strong>of</strong>fers the most potential for<br />

scientific exchanges and unfettered management <strong>of</strong><br />

scientific data.<br />

There is enormous internet gap between rich and<br />

poor countries.<br />

4. Gender Gap<br />

Recent studies <strong>of</strong> malaria have demonstrated that<br />

biological immunity is compromised in pregnancy<br />

and in the early post partum period. A recent study in<br />

Nigeria showed that the prevalence <strong>of</strong> Schistosomiasis<br />

in girls is highest at the age <strong>of</strong> 15, when they are most<br />

likely to be involved in domestic work that involves<br />

water.<br />

Access to hospitalization and drugs for tropical<br />

diseases <strong>of</strong>ten is limited to the male child in some<br />

developing countries.<br />

India and the Globalized World<br />

India can contribute greatly in the globalization <strong>of</strong><br />

medicine. There should be some ground rules which<br />

nurture the positive aspects <strong>of</strong> globalization.<br />

1. Integrity <strong>of</strong> big corporations and government<br />

2. Effective and efficient legal system<br />

3. Regulation and supervision (quality control)<br />

India is in a unique position with it multitudes <strong>of</strong><br />

educated people. It can excel in implementing and<br />

improving health delivery systems by telemedicine.<br />

As Nani Palkhivala said in his book “We the People”<br />

(in 1977) – if we “stop being foolish collectively in spite<br />

<strong>of</strong> being highly intelligent individually” the educated<br />

throngs can accomplish a world <strong>of</strong> good.<br />

"Money is not the measure <strong>of</strong> man, but it is <strong>of</strong>ten<br />

the means <strong>of</strong> finding out how small he is."<br />

~ Disraeli<br />

VK Raju, M.D., F.R.C.S., F.A.C.S.<br />

3140 Collins Ferry Road<br />

Morgantown, West Virginia 26505<br />

vkr@vkraju.com<br />

www.eyefoundation<strong>of</strong>america.org<br />

www.goutami.org<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

17


To analyze and comprehend progress we must<br />

understand and establish the process <strong>of</strong> measuring<br />

progress. I believe that we <strong>of</strong>ten confuse change with<br />

progress simply because we fail to understand the<br />

difference between the two entities.<br />

In the past thirty–nine years I have attended a fair<br />

share <strong>of</strong> medical meetings and heard as many<br />

presidential addresses exalting progress made in their<br />

term in <strong>of</strong>fice. Initially such notations were what I<br />

wanted to hear, even though far from reality, as it gave<br />

me a sense <strong>of</strong> identity in a country where I was<br />

searching for my own identity. As I have matured my<br />

ability to differentiate reality from gloss, my sense <strong>of</strong><br />

identity comes from within myself rather than from<br />

the collective that I associate with. Has that made me<br />

cynical? I believe not but a hair more, a realist.<br />

Webster’s dictionary defines “change” as “to<br />

become transformed or different.” Change therefore<br />

covers a wide spectrum <strong>of</strong> entities between good at<br />

one end and bad at the other end. “Progress” on the<br />

other hand is defined as, “the development <strong>of</strong> an<br />

individual or group in a direction considered more<br />

beneficial than and superior to the previous level”. To<br />

be able to establish that a group has benefited or<br />

established superiority we must have a measure for<br />

progress that is reproducible and verifiable even<br />

though progress has abstract dimensions. The famous<br />

wartime British Prime Minister was asked, “How is<br />

your wife?” And he responded, “Compared to whom?”<br />

Similarity, to measure progress we must have a<br />

measure <strong>of</strong> the present and an ability to extrapolate<br />

the future.<br />

To illustrate by example, a drop in membership <strong>of</strong><br />

an organization even though denotes a change it<br />

cannot be slated as progress. Gandhijee with his “quit<br />

India” movement made a remarkable and lasting<br />

change in the status quo that was undeniably a<br />

progress as it was superior and beneficial to all<br />

<strong>Indian</strong>s.<br />

Process <strong>of</strong> Progress<br />

Onaly A. Kapasi, MD<br />

New England AAPI Rep.<br />

Now that we have established the difference<br />

between change and progress we have to establish a<br />

verifiable and reproducible criteria to measure<br />

progress. I have observed progress measured either<br />

qualitatively or quantitatively or a combination <strong>of</strong> the<br />

two.<br />

A qualitative measure <strong>of</strong> progress has a built in<br />

personal bias and may not be reproducible. It may<br />

also be marred by personal state <strong>of</strong> the observer. Each<br />

year we hear anecdotal individual assertions <strong>of</strong><br />

progress <strong>of</strong> a group or association. Conversely, when<br />

viewed objectively a decline in membership numbers,<br />

and a precarious financial structure may become<br />

apparent. Therefore I believe that a qualitative<br />

measure cannot truly depict progress.<br />

Quantitative measure on the other hand uses<br />

verifiable and reproducible criteria to measure<br />

progress. A quantitative analysis <strong>of</strong> a group or<br />

association removes personal bias to a great extent.<br />

Of course there is a remote possibility <strong>of</strong> people<br />

fudging and manipulating data to edify their term in<br />

<strong>of</strong>fice. I have suggested some basic parameters that<br />

may be utilized to measure progress <strong>of</strong> a group or an<br />

association. Other parameters may be added as the<br />

process matures. Let us look into each <strong>of</strong> the<br />

suggested parameters in detail.<br />

Continued on page 20<br />

18<br />

www. aapiusa.org Winter 2010 AAPI Journal


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AAPI Journal Winter 2010 www. aapiusa.org<br />

19


Process <strong>of</strong> Progress...continued<br />

Continued from page 18<br />

Membership<br />

The number <strong>of</strong> active members and a crosssectional<br />

diversity is a good measure <strong>of</strong> the continued<br />

viability <strong>of</strong> any group or association. Member<br />

satisfaction is also very important and year after year<br />

loyalty greatly signifies satisfaction. An increase in<br />

membership <strong>of</strong> a group or an association is a fair<br />

measure <strong>of</strong> the continued participation, need and<br />

interest <strong>of</strong> the group or association. Member loyalty<br />

is multifactorial. Mostly it is related to the net returns<br />

that the member derives from the association, which<br />

may be camaraderie, need for continuing medical<br />

education, political clout, participation in charitable<br />

projects within the country or outside, and other<br />

tangible and non-tangible gains derived from<br />

collective bargaining power <strong>of</strong> the group and an<br />

additional draw <strong>of</strong> meeting like minded people with<br />

similar goals and aspirations.<br />

Financial Viability<br />

In the bygone days the medical industry assisted in<br />

financing medical conferences, continued medical<br />

education activities and some other nonmedical<br />

activities. However with the advent <strong>of</strong> stringent<br />

regulations both state and local and multiple lawsuits<br />

filed against the medical industry that venue has<br />

dwindled away. Therefore the financial viability <strong>of</strong> a<br />

group or association is now directly contingent on its<br />

collections from its membership dues. Obviously a<br />

financially sound association or group has the<br />

advantage and the potential <strong>of</strong> achieving its<br />

charitable goals and initiating programs to improve<br />

membership participation and satisfaction. In the<br />

present scenario where many associations are trying<br />

their best to get a share <strong>of</strong> the pie providing<br />

membership benefits is an added incentive. Ethnic<br />

organizations uniquely bring like-minded people<br />

together to share their values and exchange ideas. A<br />

home away from home concept. For the young<br />

physicians additionally it may be a venue to meet and<br />

interact with their ethnic counterparts.<br />

Charitable and Educational Goals<br />

Medical associations are known for their charitable<br />

and educational projects as physicians share a<br />

compelling need to foster charitable projects. It is<br />

part and parcel <strong>of</strong> our culture <strong>of</strong> global giving. The<br />

association’s progress may therefore be measured by<br />

its attainment <strong>of</strong> charitable goals. Most ethnic<br />

organizations contribute extensively to alleviate<br />

healthcare conditions within the country <strong>of</strong> their<br />

origin and also in the U.S. Most <strong>of</strong> our continued<br />

medical education requirements are easily fulfilled<br />

with our attendance <strong>of</strong> specialty conferences and<br />

hospital grand rounds however funding <strong>of</strong> research in<br />

diseases prevalent in the ethnic socioeconomic group<br />

and its medical education is a definite draw as seen<br />

with our continued interest in CADI and diabetes<br />

mellitus studies.<br />

I used some <strong>of</strong> the parameters mentioned above to<br />

reflect the performance <strong>of</strong> a small ethnic medical<br />

organization that was in the doldrums in the the<br />

years 2002-2003 and to help revitalize it.<br />

The bar graph <strong>of</strong> the year-end financial balances<br />

from 2000 to 2003 clearly illustrates a dismal future<br />

Ending balances from yrs. 2000-2003<br />

Continued on page 21<br />

20 www. aapiusa.org Winter 2010 AAPI Journal


Process <strong>of</strong> Progress...continued<br />

Continued from page 20<br />

for the organization. The analysis helped the 2004<br />

executive committee to tighten its shoestrings, and to<br />

explore alternative financing and to work relentlessly<br />

to replenish its c<strong>of</strong>fers without compromising the<br />

quality <strong>of</strong> its meetings. Quantifying performance<br />

helped strategize future performance <strong>of</strong> the said<br />

organization, which managed to rebound in 2004<br />

leaving behind a financially secure association.<br />

members. Not discounting the fact that life<br />

membership was an expression <strong>of</strong> continued loyalty<br />

and a sense <strong>of</strong> belonging therefore looked with that<br />

perspective during data compilation.<br />

Increase in membership<br />

Seven-fold increase in CME<br />

During the year 2004 the organization managed to<br />

increase its CME activity seven folds as seen in the<br />

comparative pie chart. Each CME activity was<br />

planned and structured to be financially independent.<br />

Audience targeted CME programs brought in<br />

prospective new members and left surplus balance to<br />

finance other activities such as free clinics, free<br />

vaccination projects and also finance local health<br />

fairs. The apparent belief that less was more was<br />

dispelled by the reciprocal financial growth <strong>of</strong> the<br />

group.<br />

Realizing the fact that active yearly membership<br />

was a lifeline for the organization as active<br />

membership fee was recurring each year as opposed<br />

to life membership that was a one-time commitment<br />

the group made an effort to draw in active yearly<br />

In summary a comparative analysis that quantifies<br />

the performance <strong>of</strong> an organization may <strong>of</strong>fer a means<br />

<strong>of</strong> measuring its performance in a verifiable and<br />

reproducible manner that is credible. It may give the<br />

Chief Executive Officer a means <strong>of</strong> substantiating<br />

his/her claim for success and <strong>of</strong>fer direction and<br />

foresight to an incoming executive committee.<br />

I believe that photo opportunities are generally<br />

great as they give additional gloss and it also looks<br />

good in scrapbooks and periodicals and it may also<br />

help with establishing a public image but a<br />

meaningful true measure <strong>of</strong> performance can only be<br />

derived from substantiating performance utilizing<br />

verifiable and reproducible quantitative data.<br />

Onaly A. Kapasi, MD, FAAOS<br />

Boston, MA<br />

New England AAPI Rep.<br />

www. MassOrtho.com<br />

www.orthodoc.aaos.org/KapasiAssociates<br />

email: arthroscopy@live.com<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

21


Global Healthcare Summit – New Delhi, India<br />

The <strong>American</strong> Associate <strong>of</strong> <strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong><br />

<strong>Origin</strong> (AAPI) was proud to host a Global Healthcare<br />

Summit at Modia Sheraton Hotel in New Delhi. The<br />

summit was a great success and was well attended by<br />

physicians from from Great Britain, Canada, Saudi<br />

Arabia, Australia, New Zealand, India, and all around<br />

the world.<br />

AAPI teamed up with British <strong>Association</strong> <strong>of</strong><br />

<strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong> <strong>Origin</strong> (BAPIO) and top-notch<br />

<strong>Indian</strong> Medical Pr<strong>of</strong>essional <strong>Association</strong>s: <strong>Indian</strong><br />

Medical <strong>Association</strong> (IMA), AmeriCares India,<br />

Federation <strong>of</strong> Obstetric & Gynecological Societies <strong>of</strong><br />

India (FOGSI), <strong>Indian</strong> Academy <strong>of</strong> Pediatrics (IAP),<br />

<strong>Association</strong> <strong>of</strong> Surgeons <strong>of</strong> India (ASI), <strong>Indian</strong> Society<br />

<strong>of</strong> Medical and Pediatric Oncology (ISMPO) ICON<br />

and Urogynacology and Reconstructive Pelvic Surgery<br />

Society <strong>of</strong> India to make it truly a global summit.<br />

Healthcare companies like Johnson & Johnson and<br />

Pfizer are the global sponsors for the summit.<br />

It was our pleasure to have Union Minister <strong>of</strong> State<br />

for Health and Family Welfare, Honorable Dinesh<br />

Trivedi, to give the summit inaugural address.<br />

The Summit brought together some <strong>of</strong> the world's<br />

most renowned experts to focus on priority disease states<br />

such as Allergy & Immunology, Cardiovascular Disease,<br />

Diabetes, Infectious Diseases (HIV/AIDS), Emergency<br />

Medicine, Mental Health and Maternal & Child<br />

Health. For the first time in this 3rd Summit, we<br />

introduced four new tracks that are necessary elements<br />

<strong>of</strong> 21st century medicine; Applications <strong>of</strong> Health<br />

Information Technology, Innovative Surgical<br />

Techniques in Healthcare and The Growing<br />

Engagement <strong>of</strong> Consumers, Oncology, and Medical<br />

Tourism. This year's summit had a wider global<br />

perspective with the addition <strong>of</strong> Medical Tourism and<br />

Health Information Technology.<br />

The summit shared best practices and experiences<br />

from the leading experts from around the world to<br />

develop actionable plans for launching demonstration<br />

projects with focus on prevention, treatment, and<br />

management <strong>of</strong> priority<br />

disease states in India with<br />

defined measurable metrics to<br />

ensure that action plans are<br />

economically viable.<br />

The following pictures<br />

highlight some <strong>of</strong> the<br />

activities during this enjoyable<br />

and intriguing summit.<br />

22 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Journal Winter 2010 www. aapiusa.org<br />

23


24 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Journal Winter 2010 www. aapiusa.org<br />

25


AAPI Launches Political Action Committee<br />

Why we need a PAC on Capitol Hill<br />

Vinod K. Shah, MD<br />

AAPI President<br />

Dino Teppara, Esq.<br />

AAPI Director <strong>of</strong><br />

Legislative Affairs<br />

<strong>Physicians</strong> are the key players in providing quality<br />

health care to the <strong>American</strong> people. However, they are<br />

not a large nationwide constituency. According to U.S.<br />

Department <strong>of</strong> Labor statistics, there were <strong>of</strong>ficially<br />

661,400 jobs held by physicians and surgeons in 2008.<br />

This works out to approximately 1,500 doctors for each<br />

congressional district. Out <strong>of</strong> nearly 700,000<br />

constituents, this means that less than 1% <strong>of</strong> any one<br />

Congressman’s constituents are physicians.<br />

On Capitol Hill, physicians are sometimes<br />

stereotyped as making many demands on politicians but<br />

doing very little politically to aid the reelection efforts <strong>of</strong><br />

Members <strong>of</strong> Congress. Considering the small size and<br />

influence <strong>of</strong> physicians in the political process, the even<br />

smaller number <strong>of</strong> <strong>Indian</strong> <strong>American</strong>s (only 3 million<br />

people out <strong>of</strong> a national population <strong>of</strong> more than 300<br />

million), and the even smaller number still <strong>of</strong> <strong>Indian</strong><br />

<strong>American</strong> physicians, AAPI members must be<br />

cognizant <strong>of</strong> the enormous challenges facing the<br />

organization to increase its influence in the political<br />

arena.<br />

Frankly, politicians do not care that AAPI is the<br />

largest ethnic medical association in the United States.<br />

The fact is that <strong>Indian</strong> <strong>American</strong>s will never be a large<br />

voting bloc equivalent to labor unions, African<br />

<strong>American</strong>s or Hispanics in our nation. Therefore,<br />

AAPI must make up for its lack <strong>of</strong> size by gaining<br />

prominence through a political action committee,<br />

because politicians WILL care that AAPI has the<br />

largest PAC in the <strong>Indian</strong> <strong>American</strong> community.<br />

Mainstream corporations such as Pfizer that have<br />

PACs will be impressed by AAPI’s savviness in building<br />

up a PAC. AAPI will be successful in gaining<br />

sponsorships for its national conventions as<br />

corporations will see a benefit for them in joining forces<br />

with AAPI when they realize we have extensive<br />

political clout. This clout cannot be won any other way<br />

but through financial resources.<br />

First, AAPI as a nonpr<strong>of</strong>it 501(c)(3) organization is<br />

permitted to have an unconnected political action<br />

committee. We will be establishing a separate legal<br />

entity entirely with a separate website and set aside<br />

approximately $200-$300 per month out <strong>of</strong> PAC funds<br />

to pay for a political consultant to file the necessary<br />

paperwork with the Federal Election Commission<br />

(FEC). The primary focus would be to raise funds in<br />

2010, as this is an election year. As the Asian <strong>American</strong><br />

Hotel Owners <strong>Association</strong> (AAHOA) has $250,000 in<br />

its PAC, AAPI would have to raise at least $300,000<br />

this year to claim the mantle <strong>of</strong> having the largest PAC<br />

in the <strong>Indian</strong> <strong>American</strong> community. It is entirely an<br />

achievable goal and we must work together to do it.<br />

We are establishing a benefits package for Gold,<br />

Silver and Bronze donors. Gold donors are those who<br />

give the maximum allowable amount this year under<br />

federal law, which is $5,000. These donors will be<br />

invited to every exclusive event we do with senior<br />

politicians, will be publicly recognized in the media for<br />

Continued on page 34<br />

26 www. aapiusa.org Winter 2010 AAPI Journal


IN THE NEWS<br />

Dr. Sudhir M. Parikh Receives Padma Shri Award<br />

<strong>Indian</strong> <strong>American</strong> physician, philanthropist and<br />

publisher, Dr. Sudhir M. Parikh, has been named a<br />

recipient <strong>of</strong> the 2010 Padma Shri award. The New<br />

Jersey-based doctor made the President <strong>of</strong> India’s<br />

honoree’s list released on Jan. 25th, the eve <strong>of</strong> the<br />

country’s 60th Republic Day.<br />

Dr. Sudhir M. Parikh<br />

Publisher, India Advocate,<br />

Philanthropist, Physician<br />

With this honor, Dr. Parikh now joins the ranks <strong>of</strong><br />

most honored <strong>Indian</strong> <strong>American</strong>s and the only one to<br />

receive all three much coveted awards: the Ellis Island<br />

Award, the highest honor conferred on U.S. immigrants<br />

for their lifetime <strong>of</strong> community service; the Pravasi<br />

Bharatiya Samman, a special award given by the<br />

Government <strong>of</strong> India to select non-resident <strong>Indian</strong>s for<br />

their individual accomplishments and contributions to<br />

India, and ; the Padma Shri, which is awarded to<br />

distinguished <strong>Indian</strong>s and people <strong>of</strong> <strong>Indian</strong> origin for<br />

their contribution in various speres <strong>of</strong> activity including<br />

the arts, education, industry, literature, science, sports,<br />

social service and public life.The award will be presented<br />

by President Pratibha Patil at a ceremony in New Delhi<br />

in March.<br />

“I’m deeply honored and humbled by the honor<br />

conferred on me by the President <strong>of</strong> India,” Dr. Parikh<br />

said in a statement, adding, “but I also recognize the<br />

responsibility <strong>of</strong> living up to this honor by redoubling my<br />

efforts to further U.S.–India relations, and making<br />

greater efforts at community service on both sides <strong>of</strong> the<br />

Atlantic.”<br />

Dr. Parikh, who is a noted allergist and an acclaimed<br />

authority n the field <strong>of</strong> allergy, asthma and immunology,<br />

is also the chairman and publisher <strong>of</strong> New York-based<br />

Parikh Worldwide Media, Inc., which publishes three<br />

periodicals – “News India Times, “Desi Talk” and “The<br />

<strong>Indian</strong> <strong>American</strong>.” (Please see the detailed resume<br />

attached.)<br />

Apart from medical practice and publishing, Dr.<br />

Parikh is actively involved in a number <strong>of</strong> charitable<br />

causes in the U.S. and in India. He was recently in New<br />

Delhi to attend the Pravasi Bharatiya Divas, where he<br />

was invited to speak about philanthropy as part <strong>of</strong> the<br />

PBD lecture series.<br />

Dr. Sudhir M. Parikh<br />

Publisher, India Advocate, Philanthropist, Physician<br />

Congratulations, Sudhir!<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

27


Book Review: ‘CHEATING DEATH’<br />

by M. P. Ravindra Nathan, MD, Brooksville, FL<br />

Anyone who is frustrated by the failure <strong>of</strong> standard<br />

approaches for treating critically ill patients will be<br />

amazed at what Dr. Sanjay Gupta has to say in his<br />

latest book, ‘Cheating Death,’ a New York Times best<br />

seller. The book is all about ‘medical miracles’ in<br />

which seemingly dead patients are revived back to<br />

real life. In other words, stopping death in its own<br />

tracks! Yes, a new breed <strong>of</strong> audacious and pioneering<br />

physicians and researchers using simple to complex<br />

innovations are doing just that, pushing the frontiers<br />

in medicine!<br />

Here are a few tantalizing stories you will read in this<br />

wonderful book:<br />

• A young medical resident in Sweden takes a<br />

tumble during skiing, gets trapped under the<br />

frozen fjords <strong>of</strong> Norway for 40 minutes and is<br />

practically dead but survives with proper<br />

treatment and is a practicing radiologist now.<br />

• A 59 year old sustains a sudden cardiac arrest<br />

while driving, crashes his car, but was resuscitated<br />

using a new version <strong>of</strong> CPR that involves<br />

nothing more than chest thumps and a few<br />

shocks, without giving a single breath.<br />

• A comatose brain surgery patient declared as<br />

‘vegetable’ by doctors is ‘chilled’ for several days<br />

and is slowly revived, recovers fully and goes<br />

home.<br />

• An unborn child with a serious heart disease who<br />

has no chance <strong>of</strong> being born alive undergoes<br />

intrauterine surgery to fix a heart defect and is<br />

born healthy and lives a normal life.<br />

• A 33 yr old man with the one <strong>of</strong> the deadliest<br />

cancers, ‘glioblastoma’ in the brain, beats the odds<br />

with a combination <strong>of</strong> treatments - a new drug,<br />

radiation and a newly developed vaccine CDX-<br />

110 by Duke.<br />

A few years ago, such feats would be simply the<br />

stuff <strong>of</strong> sci-fi novels or movies. But believe it or not,<br />

they are about to become<br />

common place in the<br />

medical field. Every story<br />

and every chapter in this<br />

book is yet another<br />

example <strong>of</strong> “man cheating<br />

death,” beating all odds<br />

through new scientific<br />

methods or innovations<br />

used deliberately and<br />

successfully. Some <strong>of</strong> these<br />

Published by<br />

Wellness Center<br />

Hatchette Book Group,<br />

282 pages 2009<br />

treatments are even low cost, low tech and can be<br />

achieved anywhere in the world.<br />

“Death is a complicated thing. It is not a single<br />

event, but the process could be reversed,” says the<br />

author. Dr. Gupta, CNN’s Chief Medical<br />

correspondent, a famous neurosurgeon and a best<br />

selling author, visits several countries and talks to<br />

many research scientists in his quest to understand<br />

the mechanisms leading to death and how it can be<br />

avoided or reversed. Human beings cannot survive<br />

even a few minutes without oxygen since ‘hypoxemia’<br />

as occurs in cardiac arrests, severe trauma etc., can<br />

trigger a devastating cycle <strong>of</strong> inflammation and<br />

metabolic chaos in the body leading to death.<br />

Reducing the oxygen requirements during these<br />

critical times will be the key to survival.<br />

Lance Becker, Director <strong>of</strong> ER in U. Penn<br />

Hospitals says, “The chemical chaos in the death<br />

pathways seems to take place at the cellular level,<br />

mitochondria specifically, the part that produces<br />

energy.” Fred Roth at Fred Huntchinson Cancer<br />

Center studying molecular basis for immortality,<br />

agrees. “It is all about manipulating oxygen. Lack <strong>of</strong><br />

oxygen or too much <strong>of</strong> it can injure the cells,<br />

especially if already damaged after a cardiac arrest.”<br />

By reducing concentration in the cells, you can put<br />

Continued on page 29<br />

28 www. aapiusa.org Winter 2010 AAPI Journal


Book Review...continued<br />

Continued from page 28<br />

them in ‘suspended animation’- a sort <strong>of</strong> hibernationwhich<br />

reduces the metabolic and energy demands.<br />

We learned about ‘suspended animation and<br />

hibernation’ as two approaches that can save human<br />

lives from animal models. Many animals go into<br />

hibernation in winter to conserve energy demands<br />

that aid in their long term survival. The painted<br />

turtles <strong>of</strong>ten burrow in the mud, without breathing<br />

for as long as four months, during a rough winter. An<br />

un-acclimatized first time climber <strong>of</strong> Mount Everest<br />

is likely to go into pulmonary edema which could be<br />

fatal, and yet a seasoned, well trained climber can<br />

scale high altitudes without much difficulty. The key<br />

word is ‘adaptation.’ In the case <strong>of</strong> patients, it means<br />

buying time to reduce body’s oxygen demands which<br />

in turn will reduce organ injury during the recovery<br />

process. Hypothermia using a variety <strong>of</strong> methods<br />

seems to be very beneficial.<br />

Dr. Gupta’s book teaches us, that the power <strong>of</strong><br />

modern medicine continues to unfold revealing an<br />

amazing array <strong>of</strong> new treatment modalities and<br />

innovations which are helping us to cheat death and<br />

live longer. Thanks to these major breakthroughs, the<br />

mysterious line between life and death is being<br />

shifted in our favor. As Woody Allen says (quoted by<br />

Gupta) “I don’t want to achieve immortality through<br />

my work. I want to achieve it through not dying.”<br />

Don’t we all? Read this book and you will know how.<br />

CALL FOR<br />

YOUR FREE<br />

TOURIST<br />

GUIDE<br />

Safari Ventures organized a most<br />

unforgettable trip to south and East<br />

Africa for three couples which included<br />

my husband and me”. We are taking<br />

another trip with Safari Ventures to see the Tiger<br />

sanctuary in India. It promises to be as memorable<br />

as the tour we took seven years ago.<br />

Nalini Juthani, MD<br />

Life Member, AAPI<br />

ST-35254<br />

Ask about our 2010 special<br />

AAPI departures<br />

Call now TOLL FREE 1 888 341 7771<br />

Visit www.safariventures.com<br />

The Wild Of Africa – Within Your Reach…<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

29


AAPI Clinic launches HIV, Hepatitis and Mother-Child<br />

programs and conducts health camp<br />

The AAPI Preventive Health Clinic,<br />

initiated several projects in rural Andhra<br />

Pradesh this year. Today, India has an<br />

infant mortality rate <strong>of</strong> 6.8%, almost fifty<br />

percent <strong>of</strong> children who survive are severely<br />

and chronically malnourished, and as they<br />

grow in to the rural population only 31% <strong>of</strong><br />

them have access to potable water. As a<br />

result <strong>of</strong> poor nutrition and poor<br />

sanitation, infectious diseases are still a<br />

major cause <strong>of</strong> death in rural India. The<br />

current healthcare delivery system has not<br />

served the rural population well.<br />

AAPI preventive health clinic <strong>of</strong> Jagtial<br />

partnered with SHARE Health and has<br />

initiated many programs to rectify the<br />

health disparities in rural Telangana region <strong>of</strong><br />

Andhra Pradesh by working with local and state<br />

by Jagan Ailinani, MD<br />

Past President, AAPI<br />

Board <strong>of</strong> Director, AAPI-Charitable Foundation<br />

(l-r) Dr. Jagan Ailinani, L. Ramana, Madhu Yaskhi, Jeevan Reddy, and Dr.Vijay Yel-dandi<br />

at the opening <strong>of</strong> the clinic.<br />

Dr. Vijay Yeldandi addressing the the gathering at the opening <strong>of</strong> the clinic. Dr. Jagan<br />

Ail-inani, L.Ramana, MLA, Madhu Yaskhi, Chief guest Member <strong>of</strong> Parliament, and<br />

Jeevan Reddy, Former minister, attended.<br />

governments to increase access to care. SHARE is<br />

providing technical support to the AAPI Preventive<br />

Health Clinic, which serves the Jagtial<br />

municipality as well as the 60 villages in<br />

three rural mandals <strong>of</strong> Jagtial, Raikal and<br />

Sarangpur located in Andhra Pradesh.<br />

This area has a high incidence <strong>of</strong><br />

hepatitis and various water born diseases<br />

and is also has the highest number <strong>of</strong><br />

HIV positive and full-blown AIDS cases<br />

in the state. In addition, Andhra Pradesh<br />

ranks third in <strong>Indian</strong> states in the<br />

incidence <strong>of</strong> AIDS and has the highest<br />

maternal and infant mortality rate in<br />

India. Funding for these will be raised<br />

through AAPI members from the Jagtial<br />

area and we will seek additional<br />

government funding.<br />

Continued on page 31<br />

30 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Clinic launches...continued<br />

Continued from page 30<br />

The Hepatitis, HIV and motherchild<br />

program was inaugurated on<br />

August 9, 2009 by Dr. Vijay Yeldandi,<br />

Chair, AAPI HIV-AIDS Committee.<br />

Dr. Yeldandi is a infectious disease<br />

specialist, a pr<strong>of</strong>essor <strong>of</strong> medicine at the<br />

University <strong>of</strong> Illinois, and program<br />

director at Resurrection Hospital,<br />

Chicago, Illinois. He secured a $5<br />

million grant from the Centers for<br />

Disease Control (CDC) for an<br />

HIV/AIDS awareness and education<br />

program in Andhra Pradesh. Chief<br />

guest Madhu Yaskhi, member <strong>of</strong><br />

Parliament, commended the work <strong>of</strong> the<br />

clinic in promoting the health <strong>of</strong> the rural population<br />

<strong>of</strong> his district, and promised matching funds for this<br />

project and for conducting health camps. Other<br />

guests at the inauguration included Madhu Yakshi,<br />

MP L., Ramana Local MLA, and Jeevan Reddy,<br />

former minister.<br />

Administration <strong>of</strong> Hepatitis B vaccinations to school children.<br />

mandals. Group and one-on-one sessions clarify<br />

myths and misconceptions surrounding HIV while<br />

imparting knowledge about HIV and STIs, and the<br />

use <strong>of</strong> condoms, which are distributed free. Sexual<br />

matters are still considered a taboo, and therefore easy<br />

accessibility is very important. Nutrional support will<br />

be provided for children infected with HIV/AIDS.<br />

Mother-Child Program<br />

Dr. Dharmapuri Vidyasagar, past chair <strong>of</strong> the<br />

AAPI Board <strong>of</strong> Trustees and pr<strong>of</strong>essor <strong>of</strong> pediatrics<br />

at the University <strong>of</strong> Illinois, Chicago will be<br />

overseeing the Mother-Child program to reduce<br />

maternal and infant mortality in these rural mandals<br />

<strong>of</strong> A.P. Dr. Vidyasagar has recently visited the area<br />

and is working on establishing educational and skill<br />

training programs in maternal and neonatal care.<br />

Distribution <strong>of</strong> nutritional food/supplements to HIV infected children.<br />

Hepatitis and HIV Program<br />

Periodic awareness education about HIV/AIDS<br />

will be conducted in all the villages <strong>of</strong> the three<br />

Both the Mother-Child and Hepatitis/HIV<br />

programs will be implemented in 60 villages in 3<br />

mandals <strong>of</strong> the Jagtial Constituency in the<br />

Karimnagar district <strong>of</strong> Andhra Pradesh. Our goal is<br />

to vaccinate all school children including for hepatitis<br />

B (HBV) and typhoid.<br />

Continued on page 32<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

31


AAPI Clinic launches...continued<br />

Continued from page 31<br />

The prevalence rates for Typhoid and Hepatitis B<br />

is elevated in the covered mandals. To combat this,<br />

the clinic is conducting in-school immunizations as a<br />

preventive measure. In its first year, the project will<br />

cover 2,500 children and expand to all 120 schools in<br />

the coming years. Periodic eye camps will be<br />

conducted in these schools that each has about 300<br />

students and children with vision problems will be<br />

provided with eye glasses.<br />

Health Camp<br />

The Clinic conducted a health camp in Jagtiyal on<br />

August 9, 2009 with support from SHARE Health<br />

and Yashoda Hospital. Nearly 1,000 patients from<br />

Jagtiyal and the surrounding villages took advantage<br />

<strong>of</strong> the free camp, and about 20 doctors <strong>of</strong> various<br />

specialties participated.<br />

Yashoda Hospital <strong>of</strong> Hyderabad cosponsored the<br />

camp and provided specialists and a large mobile<br />

truck equipped to perform X-ray, ultrasound, EKG,<br />

and echo studies. Free labs were provided, including<br />

blood sugar and cholesterol testing. Education was an<br />

important part <strong>of</strong> the camp with Padmini Balagopal,<br />

a diabetic educator, participating, and staff<br />

distributed heart disease and diabetes education<br />

brochures developed by Dr. Purusotham Kotha, a<br />

cardiologist from San Diego, California.<br />

About the AAPI Preventive Health<br />

Clinic <strong>of</strong> Jagtial<br />

The AAPI Preventive Health Clinic was<br />

established in December 2005 with the mission to<br />

improve the health and wellness <strong>of</strong> villagers focusing<br />

on ABCD’S, AIDS, blindness prevention, Child-<br />

Mother health, deafness prevention, diabetes<br />

screening and education, safe drinking water, and<br />

sanitation.<br />

This Clinic conducts periodic<br />

health camps which include<br />

general medical, diabetic, eye,<br />

ENT, cancer, cleft lip palate and<br />

rehabilitation/artificial limb<br />

distribution camps. The Clinic<br />

also conducts annual physical<br />

exams for school children<br />

including vision, hearing and<br />

dental check ups and provides<br />

free eye glasses. The clinic also<br />

provides free ambulance to<br />

transport patients from villages<br />

to Karimnagar district<br />

headquarters or Hyderabad. Two<br />

safe drinking water plants were<br />

established in two villages in this<br />

region which were sponsored by<br />

two AAPI members. Villagers were educated about<br />

safe drinking water and sanitation.<br />

32 www. aapiusa.org Winter 2010 AAPI Journal


IN THE NEWS<br />

Dr. Onaly A. Kapasi Receives New England’s 2009<br />

Distinguished Humanitarian Service Award<br />

Onaly A. Kapasi, MD a nominee<br />

for the <strong>American</strong> Academy <strong>of</strong><br />

Orthopedic Surgery’s Humanitarian<br />

Service Award recently received the<br />

Distinguished Humanitarian Service<br />

Award from the <strong>Indian</strong> Medical<br />

<strong>Association</strong> <strong>of</strong> New England<br />

(IMANE) on November 21, 2009.<br />

In recognition <strong>of</strong> his humanitarian<br />

services in Boston, India and Africa.<br />

He is also a recipient <strong>of</strong> the 2004<br />

Leadership Award from IMANE.<br />

Dr. Kapasi came to Boston as a<br />

pediatric orthopedic fellow at the<br />

Harvard affiliated Children’s Hospital Medical<br />

Center in 1975.<br />

Whilst in Kenya his puritan streak came to the<br />

forefront in August 1972 as he organized relief efforts<br />

for the 60,000 plus <strong>Indian</strong> refugees fleeing Idi Amin’s<br />

Uganda.<br />

This passion to assist the less fortunate resurfaced<br />

in 1980 when he and a fellow surgeon delivered very<br />

large bags containing a few hundred loaves <strong>of</strong> bread<br />

each Friday to a shelter for the homeless in Boston.<br />

He received a humanitarian service award from the<br />

Himalayan International Institute in 1998 for<br />

dedicated services to the indigent Himalayan<br />

community where he has continued to serve in<br />

person, kind and money for the past fifteen years. In<br />

Himachel he is fondly referred to as the Dhamad <strong>of</strong><br />

Mandi.<br />

He received a dedicated service award in 2000 from<br />

his peers at the <strong>American</strong> <strong>Association</strong> <strong>of</strong> <strong>Physicians</strong> <strong>of</strong><br />

<strong>Indian</strong> <strong>Origin</strong> (AAPI) for assisting <strong>Indian</strong> <strong>American</strong><br />

<strong>Physicians</strong> practicing medicine in the U.S.A.<br />

Again in 2001 he received a<br />

special presidential award from the<br />

AAPI president, Dr. Naik, for<br />

assisting <strong>Indian</strong> physicians fighting<br />

peer review abuse.<br />

He has traveled to India where<br />

he has carried out free orthopedic<br />

surgeries in Bombay and Pune,<br />

conducted orthopedic camps, given<br />

continuing medical education<br />

courses in Patiala at the National<br />

Sports Academy, presented papers<br />

at orthopedic meetings in India<br />

and also traveled to East Africa on<br />

medical missions. He collects surplus medical<br />

equipment from the Boston hospitals that he<br />

repatriates to needy countries.<br />

He received the coveted Ethicon prize for<br />

meritorious academic performance in the Master <strong>of</strong><br />

Medicine in Surgery program in Kenya, his research<br />

paper; “Psoriatic Hands” was acclaimed as the best<br />

paper <strong>of</strong> the year at the <strong>American</strong> Hand Society<br />

Meeting in September 1980. He was appointed to the<br />

Massachusetts Board <strong>of</strong> Registration in Medicine in<br />

1991 where he served as the chairman <strong>of</strong> the licensing<br />

committee and Joint Committee on Graduate<br />

Medical Education. He has also served as a physician<br />

member <strong>of</strong> the Massachusetts Acupuncture and<br />

Alternative Medicine Board. He has served as the<br />

chair <strong>of</strong> the AAPI Federation <strong>of</strong> Licensing Boards,<br />

Ethics and Grievances Committee, for two<br />

consecutive terms, and Awards Committee and<br />

member <strong>of</strong> many key committees. He is an appointed<br />

member <strong>of</strong> the <strong>American</strong> Academy <strong>of</strong> Orthopedic<br />

Surgeon’s Ethics Committee.<br />

His passion for humanitarian work resounds also in<br />

his personal poetries some <strong>of</strong> which are published.<br />

Continued on page 34<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

33


AAPI Launches Political...continued<br />

Continued from page 26<br />

their contribution and will receive a prominent pr<strong>of</strong>ile<br />

and picture on the PAC website. Silver donors are those<br />

who give $2,500 this year. They will receive invitations<br />

to two events this year and their name and picture will<br />

be placed on our website for their support. Bronze<br />

donors are those who give $1,000 this year. They will<br />

receive an invitation to one event and their name will be<br />

placed online as a supporter. Our PAC will be fully<br />

transparent with our FEC filings placed online.<br />

Dr. Vinod K. Shah is the President <strong>of</strong> Shah<br />

Associates, the largest medical practice in<br />

southern Maryland and is a Board Certified<br />

Internist and Board Certified Cardiologist.<br />

In order to make the maximum impact, we need as<br />

many donors to step forward and assist us in this<br />

endeavor. To show our commitment, a number <strong>of</strong><br />

AAPI <strong>of</strong>ficers have already taken the initiative by<br />

contributing $5,000 each.The donors do not need to be<br />

<strong>Indian</strong> <strong>American</strong>, AAPI members or even doctors. As<br />

the PAC is a separate legal entity, it is unconnected to<br />

AAPI and can accept funds from anyone in any<br />

industry.<br />

We will establish a smart political process to allow<br />

local AAPI chapters the opportunity to present PAC<br />

checks to their own Congressman or Senator. This is a<br />

great way to build the AAPI brand name in the<br />

community, build our membership at the local and<br />

national level simultaneously and give our physicians<br />

more political clout.<br />

Dino Teppara is an attorney and the only <strong>Indian</strong><br />

<strong>American</strong> to ever serve as Chief <strong>of</strong> Staff and<br />

Counsel to a Member <strong>of</strong> Congress. He will receive<br />

an Officer Commission later this year, making him<br />

the only <strong>Indian</strong> <strong>American</strong> Public Affairs Officer in<br />

the United States Navy.<br />

We would not give away all the money we raise this<br />

year. We will keep funds in the bank so we have a base<br />

to build upon when we begin fundraising in earnest for<br />

the 2012 national election. Lastly, our PAC will be<br />

completely bipartisan, with a plan <strong>of</strong> giving 50-50 to<br />

both Democrats and Republicans.This political balance<br />

will best serve the interests <strong>of</strong> <strong>Indian</strong> <strong>American</strong><br />

physicians.<br />

We firmly believe that this new opportunity will<br />

greatly enable AAPI to take the organization to the<br />

next level in terms <strong>of</strong> membership, corporate sponsors<br />

and influence. But more importantly, it gives us the<br />

opportunity to have a seat at the table when politicians<br />

attempt to pass laws that affect us, our practices and<br />

families.<br />

Dr. Onaly A. Kapasi,...continued<br />

Continued from page 33<br />

And he states that he is planning to publish a book <strong>of</strong><br />

his personal poems some day.<br />

When asked about his passion he is quick to<br />

mention that he derives an inner strength from a<br />

family that is very supportive and also very giving. His<br />

brother a physician in the U. K. is a recipient <strong>of</strong><br />

M.B.E. (Member <strong>of</strong> the British Empire) that was<br />

bestowed by the Queen <strong>of</strong> England for his services to<br />

the British Health Care. He believes that the need for<br />

giving was ingrained by his parents who also lived by<br />

an example <strong>of</strong> giving.<br />

Congratulations, Onaly!<br />

34 www. aapiusa.org Winter 2010 AAPI Journal


IN THE NEWS<br />

AAPI President Attends State Dinner<br />

Dr. Vinod K. Shah, the only national president <strong>of</strong><br />

an <strong>Indian</strong> <strong>American</strong> community organization to<br />

attend the State dinner at the invitation <strong>of</strong> President<br />

Barack Obama, speaks about his experience.<br />

“I am honored that President Obama provided<br />

me with the opportunity to join 300 guests in<br />

welcoming Prime Minister Dr. Manmohan Singh<br />

and his wife Gursharan Kaur back to<br />

Washington, D.C. at the White House's first<br />

<strong>of</strong>ficial state dinner. This was truly a memorable<br />

event recognizing the global presence <strong>of</strong> the<br />

world's largest democracy and I will never forget<br />

the evening my wife Ila and I had last night.<br />

President Obama's comments were very well<br />

received and he stated that the contributions <strong>of</strong><br />

2.6 million <strong>Indian</strong> <strong>American</strong>s were significant,<br />

and that he is looking forward to his visit to India<br />

with the First Lady and his two beautiful<br />

daughters in the near future.<br />

The Prime Minister spoke from his heart in a<br />

very passionate speech, moving the audience to<br />

applaud on many occasions when he<br />

acknowledged the wisdom and commitment <strong>of</strong><br />

our President. During this difficult time, he noted<br />

that President Obama's leadership is important<br />

not only to the United States but globally and that<br />

India as the largest democracy has a role to play<br />

beyond our bilateral relationship to better the<br />

world.<br />

I am also pleased to announce that AAPI is<br />

tackling the challenges <strong>of</strong> public health<br />

mentioned in the joint statement issued by<br />

President Obama and Prime Minister Singh, and<br />

will be focusing on this very issue during our<br />

upcoming global health summit from January 2-<br />

3, 2010 in New Delhi.<br />

On behalf <strong>of</strong> AAPI's 15,000 members, we want to<br />

thank President Obama and Prime Minister Singh<br />

for their leadership in continuing the U.S.-India<br />

strategic relationship.”<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

35


HIPAA – What’s New This Year?<br />

HIPAA (Health Insurance Portability and<br />

Accountability Act <strong>of</strong> 1996) affects everyone who<br />

uses, provides, or pays for health care. The HIPAA<br />

Privacy Rule, effective April 14, 2003, sets forth the<br />

standard for use and disclosure <strong>of</strong> protected health<br />

information. The HIPAA Electronic Transactions<br />

Rule, extended effective date October 16, 2003,<br />

establishes ten standardized electronic transaction<br />

formats that entities subject to HIPAA (called<br />

“Covered Entities”) must use in communicating with<br />

other Covered Entities. The HIPAA Security Rule<br />

established standards for securing protected health<br />

information. <strong>Physicians</strong> and other Covered Entities<br />

under the HIPAA rules spent a great deal <strong>of</strong> time<br />

and money to prepare for HIPAA. Many mistakes<br />

were made, but after five years most physicians had<br />

at least made peace with the rules and learned to live<br />

with them. They may have even made the mistake <strong>of</strong><br />

thinking that was all they had to do. Wrong again.<br />

Welcome to the High Tech Act, part <strong>of</strong> the Recovery<br />

Act passed at the beginning <strong>of</strong> 2009 (ARRA) and its<br />

implementing regulations. This brief article will give<br />

you the high points <strong>of</strong> what you should do to comply<br />

with this latest round <strong>of</strong> HIPAA changes. We will<br />

start with a very brief description <strong>of</strong> the major points<br />

<strong>of</strong> HIPAA as we have known it and discuss the<br />

changes.<br />

1) Are you a Covered Entity?<br />

YES if you 1) are a health care provider that uses<br />

any <strong>of</strong> the ten specified electronic transmissions<br />

(“Provider”); 2) operate a health plan that pays or<br />

reimburses for health care (“Plan”); or 3) are a<br />

clearinghouse, such as a billing company. Some in<br />

house and occupational health clinics, many school<br />

health programs, and small providers may escape<br />

HIPAA if they only use paper in billing for the<br />

health care they provide. Medicare will require use <strong>of</strong><br />

the electronic transmission standards. Almost every<br />

health plan will be a Covered Entity, including fully<br />

insured plans, governmental plans, and self-insured<br />

plans that either 1) use a third party administrator<br />

Peter Parvis<br />

Healthcare Attorney<br />

(“TPA”) or 2) have 50 or more participants. The<br />

employer (and its employment records) isn’t directly<br />

affected by HIPAA since it is not a Covered Entity,<br />

but HIPAA affects employers indirectly through the<br />

Plans they sponsor. Workers compensation and auto,<br />

disability and life policies are outside HIPAA.<br />

The High Tech Act does not change these<br />

definitions.<br />

2) What does HIPAA require?<br />

Privacy Rule<br />

The heart <strong>of</strong> HIPAA is the HIPAA Privacy Rule,<br />

effect which limits what you can do with health care<br />

information (called protected health information or<br />

“PHI”) that could identify the affected individual.<br />

PHI is protected in the hands <strong>of</strong> a Covered Entity or<br />

its “Business Associate”, defined as anyone with<br />

whom a Covered Entity contracts to perform any<br />

function involving PHI. In the list <strong>of</strong> things you<br />

already must have, we have identified with an<br />

asterisk points that are affected by the new rules. You<br />

already have to have:<br />

• Developed, posted and distributed the Notice <strong>of</strong><br />

Privacy Practices (“Notice”) that describes what<br />

you will do with PHI and informs individuals<br />

about their rights under HIPAA.<br />

• Have a privacy <strong>of</strong>ficer.<br />

• Have policies and procedures regulating your use<br />

Continued on page 37<br />

36 www. aapiusa.org Winter 2010 AAPI Journal


HIPAA – What’s new...continued<br />

Continued from page 36<br />

and disclosure <strong>of</strong> PHI, and identifying by job<br />

description permitted internal and external uses<br />

and flow <strong>of</strong> PHI.*<br />

• Trained your workforce members, including unpaid<br />

volunteers, and each new employee, with access to<br />

PHI in your HIPAA policies.*<br />

• Have a complaint and sanction procedure.<br />

• Implemented reasonable technical and physical<br />

safeguards for your PHI. See the discussion <strong>of</strong> the<br />

Security Rule below.*<br />

• Established document retention procedures<br />

(everything needs to be kept for six years).<br />

• Honor the individual’s new federal right to inspect,<br />

request an amendment to, and obtain an<br />

accounting <strong>of</strong> unauthorized disclosures <strong>of</strong>, their<br />

own PHI.*<br />

• Have written contracts with, your Business<br />

Associates to make them protect PHI in their<br />

possession.*<br />

• If you sponsor a Plan for your employees, as<br />

opposed to purchasing coverage for them, and want<br />

more than very limited PHI from your Plan, you<br />

must amend your Plan to permit and protect such<br />

disclosures.<br />

Electronic Transactions<br />

If you are a Covered Entity, you must be able to<br />

use the 10 Electronic Transaction standards when<br />

communicating with other Covered.i The<br />

transactions all deal with payment for health care or<br />

insurance information, and were not directly affected<br />

by the ARRA provisions.<br />

Security Rule:<br />

The Security Rule governs the security <strong>of</strong><br />

Electronic PHI (“ePHI”), defined as PHI<br />

transmitted by or maintained in an electronic media<br />

• Including hard drive, disk, CD and Internet<br />

• Excluding paper fax<br />

The security procedures adopted by a Covered<br />

Entity must ensure confidentiality <strong>of</strong> ePHI and<br />

protect against reasonably anticipated threats. A<br />

hospital is held to a higher standard than a small<br />

physician practice, but every Covered Entity must<br />

comply. The Security Rule contains:<br />

• 18 Standards (i.e., safeguards): administrative,<br />

physical, technical; and 36 Implementation<br />

specifications: some <strong>of</strong> these are mandatory, others<br />

are “addressable”, meaning the practice can come<br />

up with a solution designed for its size and unique<br />

problems.<br />

3) What can a Covered Entity do with PHI?<br />

You can use or disclose PHI for treatment <strong>of</strong> the<br />

individual, for payment (to bill or pay/get<br />

paid/coordinate benefits for the treatment), or for<br />

defined elements <strong>of</strong> your internal operations<br />

(“TPO”). You must describe your uses and<br />

disclosures in your Notice <strong>of</strong> Privacy Practices. For<br />

payment or operations, you can only use or disclose<br />

the minimally necessary information* for the task at<br />

hand. The minimum necessary requirement did not<br />

apply to disclosures for treatment, in response to<br />

provider’s legitimate concerns that treatment could<br />

be compromised if providers had to stop and<br />

question the necessity <strong>of</strong> using each piece <strong>of</strong> patient<br />

information when providing care.<br />

You can also disclose PHI pursuant to a specific,<br />

signed and time limited authorization from the<br />

patient. Limited other disclosures (such as those<br />

required by law, or in response to subpoena, or<br />

incidental disclosures) are also permitted. Any<br />

disclosure that is not listed is forbidden. This piece is<br />

too short to include all <strong>of</strong> the more specific<br />

disclosures permitted under HIPAA.<br />

The regulations are complex, but the intent is<br />

simple. Patient information is confidential and<br />

Continued on page 38<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

37


HIPAA – What’s new...continued<br />

Continued from page 37<br />

should be treated accordingly. Employees who don’t<br />

need PHI shouldn’t have access to it, and those who<br />

need it should only have access to the PHI they<br />

need. Only you know which <strong>of</strong> your employees,<br />

broken down by job title, actually require PHI to do<br />

their job. You must therefore adopt and periodically<br />

review policies that describe reasonable limitations<br />

on the flow <strong>of</strong> PHI within your workforce, train your<br />

workforce on your policies, and enforce compliance.<br />

4) What rights do patients have?<br />

Patients are afforded significant rights under<br />

HIPAA, and have many new rights under the High<br />

Tech rules. Again using an asterisk to identify areas<br />

<strong>of</strong> change, each patient has right to:<br />

• Review their health information*<br />

• Request changes or corrections in that information<br />

• Request an accounting <strong>of</strong> disclosures*<br />

• Designate persons to (or not to) receive<br />

information<br />

• Request restrictions in use <strong>of</strong> their health<br />

information*<br />

• Withdraw authorization at any time for any reason<br />

5) What about enforcement?<br />

The concern was that the penalties under HIPAA<br />

were too weak and enforcement too lax. The old<br />

penalty was $100/violation with a $25,000 annual<br />

cap. Civil monetary penalties for a HIPAA violation<br />

have greatly increased under the ARRA, both for a<br />

single violation and for the annual cap on violations<br />

<strong>of</strong> the same sort, up to a 60 fold increase in the<br />

annual cap:<br />

• Unknown violation: $100 - $50,000*<br />

• Violation due to reasonable cause:<br />

$1,000 - $50,000*<br />

• Violation due to willful neglect, corrected:<br />

$10,000 - $50,000*<br />

• Violation due to willful neglect, not corrected:<br />

$50,000*<br />

• New Annual Cap per calendar year - $1,500,000<br />

Criminal penalties were also added, and state’s<br />

attorney generals were given authority to enforce<br />

violations. HHS audit authority was also increased.<br />

Last, but most certainly not least, the penalties can<br />

now be imposed on business associates. Under the<br />

prior law, only a Covered Entity could be assessed a<br />

penalty under federal law for violations <strong>of</strong> HIPAA.<br />

Business associate agreements should be reviewed<br />

and amended to reflect this and other changes.<br />

6) What do you have to do when you<br />

discover a breach?<br />

The new rules place significant new duties on<br />

Covered Entities, and for the first time on Business<br />

Associates, when a breach occurs. The new breach<br />

rules cover “unsecured protected health<br />

information”. For now, “Unsecured” means any<br />

information not secured through encryption or<br />

destruction. Until further guidance is released, these<br />

are the only two safe harbors for PHI. “Protected<br />

health information” (PHI) retains same meaning as<br />

under HIPAA. If all your PHI is encrypted, the<br />

breach rules don’t apply. For almost everyone, that is<br />

not currently feasible. You need to inform your<br />

employees about the breach rules and develop<br />

policies for how to respond to any potential breach.<br />

What is a breach?<br />

Any unauthorized acquisition, access, use or<br />

disclosure <strong>of</strong> PHI that compromises security or<br />

privacy <strong>of</strong> PHI. “Unauthorized” means any use not<br />

permitted by HIPAA Privacy Rule. “Compromises<br />

security or privacy” means that unauthorized action<br />

poses significant risk <strong>of</strong> financial, reputational or<br />

other harm to the patient. This may not be<br />

immediately apparent, but you have a duty to<br />

determine whether there is significant risk whenever<br />

you discover that an unauthorized use or disclosure<br />

<strong>of</strong> PHI occurred.<br />

Continued on page 40<br />

38 www. aapiusa.org Winter 2010 AAPI Journal


Job No: <br />

Our Job is Making Sure<br />

Investment Managers<br />

Do Their Job.<br />

There is no substitute for objective, pr<strong>of</strong>essional investment advice. For<br />

more than 35 years, we have provided investors with access to independent<br />

investment firms that pass our rigorous evaluation standards and ongoing<br />

reviews.<br />

We use a disciplined evaluation process applied consistently to every<br />

investment firm we approve or recommend. We focus on identifying:<br />

> Experienced portfolio management teams<br />

> Depth <strong>of</strong> investment research capabilities<br />

> A consistently applied investment philosophy<br />

> Ability to help deliver value over the long-term<br />

For more information on our investment manager research<br />

capabilities and recommendations, call:<br />

Kamesh Nagarajan<br />

First Vice President – Wealth Management<br />

Senior Investment Management Consultant<br />

Financial Planning Specialist<br />

Financial Advisor<br />

787 Seventh Avenue, 36th Floor<br />

New York, NY 10019<br />

(212) 492-6750<br />

kamesh.nagarajan@smithbarney.com<br />

© 2009 Morgan Stanley Smith Barney LLC. Member SIPC.<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

39<br />

<br />

Morgan Stanley


HIPAA – What’s new...continued<br />

Continued from page 38<br />

Some mistakes do not constitute a breach. If deidentified<br />

information is disclosed, there is no breach<br />

since de-identified information is not PHI. If you<br />

believe, in good faith, that the unauthorized person<br />

who obtained the PHI could not reasonably have<br />

retained or further disclosed the information, it may<br />

not be a breach. Similarly, if workforce member<br />

accessed information without permission but in good<br />

faith, there is no breach as long as there is no further<br />

unauthorized action occurred. Or if workforce<br />

member reveals information to an unauthorized<br />

colleague, there is no breach as long as there is no<br />

further unauthorized action. This is not to say that<br />

action should not be taken if any but the first <strong>of</strong> these<br />

occurs. However, there is no breach so you don’t have<br />

to go on to the disclosure and notice requirements.<br />

What do you have to do if a breach<br />

occurred?<br />

If your investigation reveals that a breach<br />

occurred, many requirements apply. You have the<br />

duty to notify without unreasonable delay all affected<br />

individuals <strong>of</strong> the breach, and may have to notify the<br />

Secretary <strong>of</strong> Health and Human Services (HHS) or<br />

local media. You should <strong>of</strong> course investigate, but you<br />

only have a maximum <strong>of</strong> 60 days to notify, so the<br />

investigation should begin promptly. Mailed notice<br />

to the individuals will suffice if you have contact<br />

information. If you don’t, or can’t reach the<br />

individuals, telephone or personal notice works if<br />

there are fewer than 10, but if there are a significant<br />

number you have to either notify media outlets or<br />

post the information on your website for at least 90<br />

days. If the breach involves more than 499<br />

individuals, you also have to notify the Secretary <strong>of</strong><br />

HHS, and media in any state if there are more than<br />

499 affected individuals in the state. You have to<br />

maintain a log <strong>of</strong> all breaches regardless <strong>of</strong> the<br />

number <strong>of</strong> individuals involved. There may be<br />

circumstances where you don’t know the exact<br />

number <strong>of</strong> individuals, but you are expected to have<br />

systems in place that will allow you to track and<br />

identify individuals when a breach occurs. There are<br />

requirements for the information that must be<br />

included in each notification.<br />

Your HIPAA policies must permit you to discover<br />

breaches and impose the duty on every employee and<br />

business associate the duty to notify you promptly <strong>of</strong><br />

any potential breach. You should consider whether to<br />

impose the notice duty or cost <strong>of</strong> notice on your<br />

business associate if they are responsible for the<br />

breach. In any event, every possible breach must be<br />

investigated, logged and documented. This includes<br />

a detailed result <strong>of</strong> any investigation, even if the<br />

result was a determination that no breach occurred.<br />

You should get your attorney’s help in conducting<br />

the investigation and formulating a response if you<br />

discover any potential breach.<br />

What else changed?<br />

Patient’s Right to Request Restrictions on<br />

Disclosure<br />

Individuals can request that Covered Entities<br />

restrict disclosure <strong>of</strong> the individual’s PHI.<br />

- Pre-ARRA: Covered Entities were not required to<br />

comply with requested restrictions<br />

- Post-ARRA: Covered Entities are still not required<br />

to comply with requested restrictions, except where<br />

an individual requests a restriction on:<br />

• disclosure <strong>of</strong> PHI to a health plan for purposes<br />

<strong>of</strong> payment or operations (not treatment)<br />

• where the PHI relates to an item/service for<br />

which the provider has been paid in full out-<strong>of</strong>pocket<br />

How much PHI can be used, disclosed or<br />

requested?<br />

- Pre-ARRA: Reasonable efforts to limit PHI to the<br />

minimum necessary to accomplish intended<br />

purpose<br />

Continued on page 41<br />

40 www. aapiusa.org Winter 2010 AAPI Journal


HIPAA – What’s new...continued<br />

Continued from page 40<br />

- Post-ARRA:<br />

• By August 17, 2010, HHS must issue guidance<br />

on what constitutes “minimum necessary”<br />

• In the meantime, a Covered Entity is deemed<br />

compliant with the minimum necessary standard<br />

if PHI is limited to:<br />

• The limited data set; or<br />

• if needed, the minimum necessary PHI (the pre-<br />

ARRA standard)<br />

Patient’s Rights to an Accounting <strong>of</strong><br />

disclosures have increased.<br />

Generally, an individual has a right to an<br />

Accounting <strong>of</strong> PHI disclosures by a Covered Entity<br />

going back six years, subject to various exceptions.<br />

- Pre-ARRA: Covered Entities were not required to<br />

provide an accounting <strong>of</strong> disclosures made to carry<br />

out treatment, payment or operations<br />

- Post-ARRA:<br />

• Treatment/payment/operations exception is not<br />

available with respect to disclosures made<br />

through an electronic health record by the<br />

covered entity that<br />

Date<br />

uses/maintains it<br />

• But, an individual can September 2009<br />

only request an accounting February 2010<br />

<strong>of</strong> such disclosures in the<br />

previous three (not six)<br />

years<br />

If disclosures were made to a January 2011<br />

business associate, the Covered<br />

February 2011<br />

Entity can elect to provide<br />

disclosure to the individual on<br />

behalf <strong>of</strong> business associates, or give the individual a<br />

list <strong>of</strong> Business Associates. If the latter, the business<br />

associate agreement should include the requirement to<br />

provide a response to individuals who request an<br />

accounting. This may be difficult.<br />

Access in Electronic Format<br />

An individual has the right to inspect and obtain<br />

a copy <strong>of</strong> the individual’s PHI. State laws also apply<br />

here, and the more stringent rule applies.<br />

Under ARRA, if a Covered Entity uses or<br />

maintains an Electronic Health Record:<br />

• An individual has a right to:<br />

• Obtain his/her PHI in an electronic format<br />

• Direct the Covered Entity to transmit a copy <strong>of</strong> the<br />

electronic PHI to a person or entity designated by<br />

the individual<br />

- Must be “clear, conspicuous and specific”<br />

• The Covered Entity may charge a fee, not to exceed<br />

actual labor cost<br />

The effective date <strong>of</strong> an individual’s the right to<br />

accounting and disclosure <strong>of</strong> electronic PHI varies<br />

with the date the Covered Entity acquired an EHR<br />

system:<br />

• January 1, 2014 – for Covered Entities that<br />

acquired an EHR on or before January 1, 2009<br />

• January 1, 2011 – for Covered Entities that acquire<br />

an EHR after January 1, 2009<br />

What applies?<br />

New notice <strong>of</strong> breach rule<br />

New business associate requirements<br />

New minimum necessary rule<br />

New individual access rules<br />

New restrictions on marketing<br />

Enforcement <strong>of</strong> breach rule sanctions<br />

New disclosure accounting rules begin<br />

New restrictions on unauthorized sale <strong>of</strong> EHR/PHI<br />

Penalties for noncompliance by willful neglect<br />

HHS may extend these effective dates, but not<br />

later than 2016 and 2013, respectively. We would<br />

simply add that at this time we don’t know how this<br />

Continued on page 42<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

41


HIPAA – What’s new...continued<br />

Continued from page 41<br />

will really work, what an electronic format for<br />

disclosure means, or how exactly you can charge for<br />

it in the face <strong>of</strong> state laws that limit what can be<br />

charged on a per page basis.<br />

When does all this become effective?<br />

What should you do?<br />

Greater enforcement, greater penalties, new<br />

requirements and new patient rights present a<br />

challenge which should be addressed by a review <strong>of</strong><br />

your HIPAA Policies and Procedures, followed by<br />

amendments where necessary and training <strong>of</strong> all<br />

personnel in the changes. As a brief summary, we list<br />

the issues and policies to be reviewed below.<br />

1. Minimum necessary use and disclosure<br />

2. Security, as affected by the new notice <strong>of</strong> breach<br />

requirements<br />

3. Individual’s Right to request restrictions on use<br />

or disclosure<br />

4. Individual’s Right to access or inspect PHI<br />

5. Individual’s Right to request an accounting <strong>of</strong><br />

disclosures<br />

6. Mitigation and security incidents<br />

7. Sanction, complaint, audit and enforcement<br />

8. Business Associate relationships and contracts<br />

9. Notice <strong>of</strong> breach responses<br />

10. Prohibiting sale <strong>of</strong> PHI<br />

A last word. This is important. Patient<br />

information should be protected, and the greater use<br />

<strong>of</strong> electronic communication poses additional risks.<br />

Get help if you need it and come up with an<br />

approach that your practice can make work. As with<br />

compliance, words alone are not sufficient. Get staff<br />

and physicians to buy in to the new approach and<br />

understand what they need to do to make it work.<br />

This article was taken from a webinar sponsored<br />

by Venable for its friends and clients. It is a brief<br />

summary, and should not be relied on as legal advice.<br />

I would like to thank my colleagues in the webinar<br />

for their kind assistance- Thora Johnson, Emilio<br />

Cividanes, Mike Pedone, Martha Jo Wagner and<br />

Davis Sherman, all <strong>of</strong> Venable LLP.<br />

Michigan Chapter Raises $10,000 for Haiti Disaster Relief<br />

Dr. Yash Shah<br />

In the wake <strong>of</strong> the recent tragedy in<br />

Haiti, MAPI President Dr. Yash Shah<br />

and the Foundation <strong>of</strong> MAPI<br />

(FOMAPI) Chairperson Dr. Dinesh<br />

Shah quickly mobilized their membership<br />

to raise over $10,000 for the international medical<br />

humanitarian organization, "Doctors Without Borders". A<br />

special thank you goes out to all the members who have<br />

contributed and donated to the effort. To learn more about<br />

how you can help please visit www.mapiusa.org and<br />

www.doctorswithoutborders.org<br />

Dr. Dinesh Shah<br />

42 www. aapiusa.org Winter 2010 AAPI Journal


The U.S. Ayurveda Delegation Trip to India<br />

January 28 to February 4, 2010<br />

Delegation: Seven delegates including six<br />

Complementary Alternative Medicine (CAM)<br />

directors <strong>of</strong> six major United States medical schools:<br />

1 – Dr. Navin Shah – Leader<br />

2 – Dr. Aviad Haramati – Coordinator, Georgetown<br />

University Medical School<br />

3 – Dr. David Eisenberg – Harvard University<br />

Medical School<br />

4 – Dr. Anastasia Rowland-Seymour – Johns<br />

Hopkins University Medical School<br />

5 – Dr. Victoria Maizes – University <strong>of</strong> Arizona<br />

Medical School<br />

6 – Dr. Anne Nedrow – Oregon Health & Science<br />

University<br />

7 – Dr. Benjamin Kligler – Albert Einstein College<br />

<strong>of</strong> Medicine<br />

This delegation visited New Delhi and Jaipur at the<br />

invitation <strong>of</strong> the Government <strong>of</strong> India, Ministry <strong>of</strong><br />

Health – AYUSH (Ayurveda, Yoga, Unani, Siddha,<br />

and Homeopathy). The purpose <strong>of</strong> the U.S. delegation<br />

was to learn about evidence based Ayurveda, Yoga,<br />

meditation, and oil massage treatments, and also to<br />

discuss ten <strong>Indian</strong> proposals for joint Indo-U.S.<br />

research under NIH funding. This visit was also to<br />

explore possibilities <strong>of</strong> introducing evidence-based<br />

Ayurveda, Yoga, meditation, and oil massage<br />

treatments in the U.S. medical education, research, and<br />

patient care areas under CAM.<br />

The visit included:<br />

1 - AYUSH selected 10 evidence-based presentations<br />

on various diseases and drugs<br />

2 - AYUSH selected 10 proposals for joint Indo-U.S.<br />

Ayurveda research for consideration under the<br />

NIH funding<br />

3 - AYUSH selected site visits to:<br />

Navin Shah, MD<br />

Medical Education<br />

Director, Metropolitan<br />

Urologic Institute<br />

a. National Institution <strong>of</strong> Ayurveda at Jaipur,<br />

b. National Institute <strong>of</strong> Yoga at New Delhi,<br />

c. Maharishi Ayurveda Pharma Factory at New<br />

Delhi,<br />

d. Arya Vaidya Sala (Ayurveda hospital and<br />

outpatient clinic) at New Delhi<br />

These visits were arranged to educate the U.S.<br />

delegates on various facets <strong>of</strong> Ayurveda, Yoga,<br />

meditation, and oil massage treatments – teaching,<br />

training, practice, patient care (inpatient and<br />

outpatient), and complete process <strong>of</strong> drug<br />

manufacturing.<br />

4 – Meetings with ten AYUSH selected Ayurveda<br />

pharmaceutical companies <strong>of</strong>ficials,<br />

5 – Presentation by Dr. B. Kligler on “Research<br />

Methodology and publication in the U.S.<br />

Journals”,<br />

6 – Presentation by Dr. D. Eisenberg on “Evaluation<br />

<strong>of</strong> Medicinal Plants” (especially from China),<br />

7 – Presentations by Dr. A. Haramati on involvement<br />

<strong>of</strong> AYUSH in the Global CAM and Integrative<br />

Medicine arena.<br />

The delegates heard and interacted with over sixty<br />

different <strong>Indian</strong> experts on the above-mentioned<br />

Continued on page 44<br />

AAPI Journal Winter 2010 www. aapiusa.org<br />

43


The U.S. Ayurveda Delegation...continued<br />

Continued from page 43<br />

subjects and visits. They met the following<br />

Government <strong>of</strong>ficials and conducted detailed<br />

discussions on various facets <strong>of</strong> the visits and future<br />

plans: Honorable Health Minister Mr. Ghulan Nabi<br />

Azad, Honorable Minister <strong>of</strong> State Health Mr.<br />

Gandhiselvan, Principal Secretary to the Prime<br />

Minister Mr. T.K.A. Nair, Health Secretary Mrs.<br />

Sujata Rao, AYUSH Secretary Mrs. S.<br />

Jalaja, AYUSH Joint Secretary Mr. B.<br />

Anand, and Foreign Secretary Mrs.<br />

Nirupama Rao.<br />

weeks course in Ayurveda in various <strong>Indian</strong><br />

Ayurveda Institutes.<br />

5 – US institutions to invite the AYUSH selected<br />

Ayurveda faculty members for 2-4 weeks exchange<br />

visits to CAM departments <strong>of</strong> the US Medical<br />

Schools.<br />

6 – The delegates will study the nine joint proposals<br />

presented by the AYUSHA selected experts for<br />

joint research for further actions.<br />

On the last day, the delegates and<br />

participants discussed the future actions and<br />

road map to further the understanding and<br />

utilization <strong>of</strong> evidence-based Ayurveda and<br />

its research. The following few areas <strong>of</strong><br />

mutual interest emerged.<br />

1 – Two Ayurveda Pr<strong>of</strong>essors to visit Six US<br />

Medical Schools (as represented by six<br />

delegates) to teach evidence based<br />

Ayurveda to medical students, residents,<br />

faculty members & practicing<br />

physicians & also discuss joint Indo-US<br />

research projects. Each institution will<br />

host the visiting Ayurveda Pr<strong>of</strong>essors for<br />

3 days. Hopefully, their interaction will<br />

promote Ayurveda teaching & its<br />

research in the U.S.<br />

2 – Consider a project to study <strong>Indian</strong><br />

Medicinal Plants collection & research with Dr.<br />

David Eisenberg <strong>of</strong> Harvard University. (Harvard<br />

is conducting Chinese medicinal plant project for<br />

last ten years).<br />

3 – The US medical institution will consider positions<br />

for AYUSH selected candidates for two year<br />

masters program in clinical research.<br />

4 – Inviting the US (CAM) faculty members for 2<br />

7 – A separate funding for AYUSH by the Health<br />

ministry to conduct joint research by <strong>Indian</strong><br />

Allopath and Ayurveda community. This will<br />

provide the foundation for the joint Indo-U.S.<br />

research proposals for consideration under NIH<br />

grants. This will also help the U.S. consortium <strong>of</strong><br />

CAM and Integrative Medicine members to<br />

Continued on page 46<br />

44 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Journal Winter 2010 www. aapiusa.org<br />

45


The U.S. Ayurveda Delegation...continued<br />

Continued from page 44<br />

integrate evidence based Ayurveda in the U.S.<br />

mainstream medicine and research.<br />

8 – AYUSH to work with Dr. A. Haramati for<br />

participation and presentations in the Global<br />

CAM conference (in 2011, at Denver).<br />

All the mutually accepted proposals and activities<br />

will be coordinated by Dr. A. Haramati. The<br />

delegation will submit a final report on March 30,<br />

2010 to the Health Secretary, AYUSH, Mrs. S. Jalaja,<br />

Health Minister Mr. G.N. Azad, and the Principal<br />

Secretary to the Prime Minister, Mr. T.K.A. Nair.<br />

Respectfully,<br />

Navin Shah<br />

Medical Education Director, Metropolitan Urologic<br />

Institute<br />

Treasurer, Mid Atlantic Urology Associates<br />

Past president <strong>of</strong> Medical Staff, Doctors Community<br />

Hospital, Washington DC area<br />

Former Trustee, The Maryland State Medical<br />

Society<br />

Co-Founder and Past President, The <strong>American</strong><br />

<strong>Association</strong> <strong>Physicians</strong> <strong>of</strong> <strong>Indian</strong> <strong>Origin</strong> (AAPI)<br />

Past President, The <strong>American</strong> College <strong>of</strong><br />

International <strong>Physicians</strong> (ACIP)<br />

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46 www. aapiusa.org Winter 2010 AAPI Journal


AAPI Journal Winter 2010 www. aapiusa.org<br />

47


AAPI Executive Office<br />

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Oakbrook, IL 60523<br />

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