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BULLETIN 

of the Allegheny County Medical Society 

April 2011 

Vol. 101 No. 4 

ARTICLES PERSPECTIVES DEPARTMENTS 

Legal Report ............................ 160 

When Can Minors Consent to Their Own 

Medical Care? 

Elizabeth Metz, ESQ 

Photo Feature ..........................163 

2011 ACMS Community Awards Gala 

Financial Health ...................... 170 

Read the Literature: Investing Lessons from 

Mark Twain 

Gary S. Weinstein, MD, FACS 

Special Report..........................172 

Free Resources for Physicians Help Cancer 

Patients & Families 

Patricia T. Patterson, RN, MN 

Editorial...................................146 

Physician Reentry 

Timothy Lesaca, MD 

President’s Message ..................149 

The ACMS Foundation: 50 Years 

Supporting the Community 

Leo R. McCafferty, MD 

Academic Perspective ............... 150 

Academic Medicine and Pharma 

Partnership 

Arthur S. Levine, MD 

Perspective ...............................152 

Reflections 

George J. Pavlic, MD 

Society News ........................... 153 

♦ Photo: Joint Surgical Society meeting 

Community Notes ...................153 

Activities & Accolades .............155 

In Memoriam ..........................157 

Robert J. Carroll, MD 

Rupert H. Friday, MD 

Basil A. Marryshow, MD 

Continuing Education .............158 

Calendar .................................. 159 

Legal Summary ........................ 161 


Accountable Care Organizations: Western 

Pennsylvania Physicians and Hospitals 

Prepare for Reform 

Patricia Raffaele 


Medical Records FAQs 

Celebrate May 6-12 

National Nurses Week 

Classifieds ................................178 

page 163 

Photo 

Feature 

2011 

Gala 

“ 

You can cut all the 

flowers but you 

cannot keep spring 

from coming. 

” 

—Pablo Neruda 

Cover Art: 

Children’s Museum 

Climbing Fun 

by Michael Shaughnessy, MD 

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○ 

Dr. Shaughnessy is a urologist.

2011 

Executive Committee and 

Board of Directors 

President 

Leo R. McCafferty 

President-elect 

Rajiv R. Varma 

Vice President 

Amelia A. Paré 

Secretary 

Kevin O. Garrett 

Treasurer 

John P. Williams 

Board Chair 

John F. Delaney Jr. 

DIRECTORS 

2011 

Melinda M. Campopiano 

Doris K. Cope 

David J. Deitrick 

Donald B. Middleton 

Karl R. Olsen 

Adriana M. Selvaggio 

G. Alan Yeasted 

2012 

Vijay K. Bahl 

Sharon L. Goldstein 

Adam J. Gordon 

Lawrence R. John 

Anthony Spinola 

2013 

Robert W. Bragdon 

Douglas F. Clough 

Christopher J. Daly 

Steve Evans 

Adele L. Towers 

PEER REVIEW BOARD 

2011 

Krishnan A. Gopal 

William M. Swartz 

2012 

Dennis F. Stull 

Bruce L. Wilder 

2013 

Judith S. Black 

James E. Wilberger Jr. 

Affiliated with Pennsylvania Medical Society and American Medical Association 

PMS DISTRICT TRUSTEE 

Paul W. Dishart 

COMMITTEES 

Bylaws 


Communications 


Finance 

G. Alan Yeasted 

Membership 

Sharon L. Goldstein 

Nominating 

Christopher J. Daly 

Occupational Medicine 

Joseph J. Schwerha 

Primary Care 

Lawrence John 

Anthony Spinola 

ADMINISTRATIVE STAFF 

Executive Director 

John G. Krah 

(jkrah@acms.org) 

Assistant to the Director 

Dorothy S. Hostovich 

(dhostovich@acms.org) 

Bookkeeper 

Susan L. Brown 

(sbrown@acms.org) 

Communications 

Bulletin Managing Editor 

Linda L. Smith 

(lsmith@acms.org) 

Assistant Executive Director, 

Membership/Information 

Services 

James D. Ireland 

(jireland@acms.org) 

Manager 

Dianne K. Meister 

(dmeister@acms.org) 

Field Representative 

Nadine M. Popovich 

(npopovich@acms.org) 

www.acms.org. 

Bulletin 

Medical Editor 

Scott Miller 

(millers8@upmc.edu) 

Associate Editors 

Melinda M. Campopiano 

(campopianomm@gmail.com) 

Fredric Jarrett 

(jarrettf@upmc.edu) 

Timothy Lesaca 

(tlesaca@hotmail.com 

Deval Paranjpe 

(reshma_paranjpe@hotmail.com) 

Stuart G. Tauberg 

(tlindsey@nb.net) 

Frank Vertosick 

(vertosick@acms.org) 

Gary S. Weinstein 

(garyweinsteinmd@aol.com) 

Michael W. Weiss 

(mww@tririversortho.com) 

Managing Editor 

Linda L. Smith 

(lsmith@acms.org) 

Contributing Editors 

(bulletin@acms.org) 

Gregory B. Patrick 

Heather A. Sakely 

Carey T. Vinson 

ACMS ALLIANCE 

President 

Kathleen Reshmi 

First Vice President 

Patty Barnett 

Second Vice President 

Joyce Orr 

Recording Secretary 

Rose Kunkel Roarty 

Corresponding Secretary 

Doris Delserone 

Treasurer 

Josephine Martinez 

Assistant Treasurer 

Sandra Da Costa 

Leadership and Advocacy for Patients and Physicians 

EDITORIAL/ADVERTISING 

OFFICES: Bulletin of the Allegheny 

County Medical Society, 713 Ridge 

Avenue, Pittsburgh, PA 15212; (412) 

321-5030; fax (412) 321-5323. USPS 

#072920. PUBLISHER: Allegheny 

County Medical Society at above address. 

The Bulletin of the Allegheny County 

Medical Society welcomes contributions 

from readers, physicians, medical 

students, members of allied professions, 

spouses, etc. Items may be 

letters, informal clinical reports, editorials, 

or articles. Contributions are 

received with the understanding that 

they are not under simultaneous consideration 

by another publication. 

Issued the third Saturday of each 

month. Deadline for submission of 

copy is the SECOND Wednesday 

preceding publication date. Periodical 

postage paid at Pittsburgh, PA. 

Bulletin of the Allegheny County 

Medical Society reserves the right to 

edit all reader contributions for brevity, 

clarity, and length as well as to 

reject any subject material submitted. 

The opinions expressed in the Editorials 

and other opinion pieces 

are those of the writer and do not 

necessarily reflect the official 

policy of the Allegheny County 

Medical Society, the institution with 

which the author is affiliated, or the 

opinion of the Editorial Board. Advertisements 

do not imply sponsorship 

by or endorsement of the 

ACMS, except where noted. 

Publisher reserves the right to exclude 

any advertisement which in its 

opinion does not conform to the standards 

of the publication. The acceptance 

of advertising in this publication 

in no way constitutes approval or 

endorsement of products or services 

by the Allegheny County Medical Society 

of any company or its products. 

Subscriptions: $30 nonprofit organizations; 

$40 ACMS advertisers, and 

$50 others. Single copy $5. Advertising 

rates and information sent upon 

request by calling (412) 321-5030. 

Visit www.acms.org. 

COPYRIGHT 2011: 

ALLEGHENY COUNTY 

MEDICAL SOCIETY 

POSTMASTER—Send address 

changes to: Bulletin of the 

Allegheny County Medical 

Society, 713 Ridge Avenue, 

Pittsburgh, PA 15212. 

ISSN: 0098-3772

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EDITORIAL 

Physician Reentry 

TIMOTHY LESACA, MD 

The American Medical 

Association (AMA) 

defines physician reentry as the 

return to clinical practice in the 

discipline in which one has 

been trained or certified after 

an extended period of clinical 

inactivity not resulting from 

discipline or impairment. 

Physicians take leave of 

absence from clinical practice 

for many reasons, including 

family caretaking responsibilities, 

personal health reasons, 

career dissatisfaction, pursuit of 

alternative careers and retirement. 

The actual number of 

reentering physicians is unknown 

due to lack of data, as 

the majority of state medical 

boards do not require that 

physicians see patients as a requirement 

for relicensure. It is nonetheless 

estimated by the AMA that 

about 10,000 physicians could 

reenter clinical practice in the U.S. 

each year. 

Physicians wishing to return to 

practice after a period of clinical 

inactivity can experience difficulties 

due to the lack of a standardized 

reentry process. There is no continuity 

among state medical boards 

state medical boards actually have a 

policy on physician reentry. The 

average length of time out of practice 

after which some state boards 

require physicians to complete a 

reentry program is three years, but 

the range is wide, from 18 months 

to 10 years. 

Only 20 percent of medical 

boards require a physician to engage 

in a certain amount of patient care 

for relicensure. In 16 states, passage 

of the special purpose examination 

or similar examinations may 

be required. In 13 states, 

completion of continuing 

medical education may be 

required. Besides the lack of 

consistency in regulatory 

and licensure guidelines, 

there are other barriers to 

reentry such as liability 

insurance and hospital 

medical staff credentialing 

issues, the lack of access to 

and the cost of reentry 

programs, and the overall 

lack of information on the 

reentry process. 

The American Medical 

Association has worked to 

develop recommendations 

on physician reentry. The 

AMA recently recommended 

the development of reentry guidelines 

across state medical licensing 

jurisdictions that are consistent and 

evidence based, including a consistent 

length of time away from 

clinical practice that necessitates 

participation in a formal reentry 

process, defining how much involvement 

in clinical care constitutes 

clinical practice, and studying the 

impact of loss of specialty board 

certification on maintenance of 

licensure. 

regarding reentry policy. Only 30 

146 Bulletin : April 2011

EDITORIAL 

April 2011 : Bulletin 

Other recommendations include 

establishing mechanisms to permit 

reentering physicians the opportunity 

to engage in clinical practice 

under supervision as they participate 

in a reentry program, the development 

of a program completion 

certificate that meets the need to 

document physician readiness for 

clinical practice, increased consistency 

among reentry programs and 

the introduction of alternate licensure 

tracks for reentering physicians 

that allow a limited scope of practice. 

Also, to ensure that the physician 

reentry process is financially 

feasible, the AMA recommended 

pursuing multiple funding streams 

to support the development and 

implementation of a national physician 

reentry system. 

I was able to identify only nine 

physician reentry programs in the 

United States. They are the Center 

for Personalized Education for 

Physicians in Denver, Cedars-Sinai 

Medical Center Physician Reentry 

Program in Los Angeles, Drexel 

Medicine Physician Refresher/ 

Reentry Course in Philadelphia, 

Oregon Health and Science University 

Physician Reentry Program, 

University of California San Diego 

School of Medicine Physician 

Assessment and Clinical Education 

Program, University of Wisconsin 

School of Medicine and Public 

Health Physician Assessment Center, 

Upstate New York Clinical Competency 

Center at Albany Medical 

College, Texas A & M Health 

Science Center KSTAR Program, 

and the LifeGuard Program created 

by the Pennsylvania Medical Society 

(PAMED). 

Reentry programs generally 

provide clinical skill evaluations, 

retraining programs and recommendations 

to the board that are taken 

into consideration when acting on 

an application for reactivation. 

There are costs involved in such 

programs that are the responsibility 

of the licensee. For example, the 

Oregon reentry program costs 

approximately $5,000 to $10,000. 

The Drexel program, which includes 

a structured preceptorship, costs 

about $20,000. These estimates do 

not include the costs of temporary 

relocation for physicians who do not 

live near their chosen program. 

The Pennsylvania State Board of 

Medicine does have a policy on 

physician reentry to practice, and 

the length of time out of practice 

after which a reentry program 

completion is required is four years. 

Pennsylvania physicians who need a 

reentry program can be referred to 

the LifeGuard Program that is 

administered by PAMED. 

Participants in the LifeGuard 

Program undergo a cognitive and 

psychiatric screening, followed by a 

clinical skill assessment. If the need 

for advanced training is identified, 

the LifeGuard Program develops an 

individual remediation plan to 

refresh knowledge and skills in a 

protected practice setting. The 

program then makes recommendations 

to the physician and the board 

of medicine regarding the physician’s 

return to practice, modification of 

practice and continuing educational 

needs. 

From my perspective, one of the 

greatest potential benefits of standardizing 

and certifying the physician 

reentry process is the opportunity 

to address the looming physician 

shortage. While medical schools 

are trying to expand enrollment and 

educate new doctors, a big pool of 

already-trained physicians could also 

be used to provide care. There is no 

government funding for physicians 

who want to participate in a reentry 

program, though such funding 

would be a relatively economical way 

to increase the physician workforce. 

Returning a non-practicing 

physician to clinical medicine is 

appealing, as it is significantly less 

expensive to retrain an inactive 

physician than to train a new one. 

Also, inactive physicians can be 

retrained much faster than new ones 

can be trained, so more physicians 

would be available in less time. It’s 

something to think about. 

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 

○ 

Dr. Lesaca is a psychiatrist specializing in 

children and adolescents, and he serves as 

associate editor of the ACMS Bulletin. He can 

be reached at tlesaca@hotmail.com. 

The opinion expressed in this column 

is that of the writer and does not 

necessarily reflect the opinion of the 

Editorial Board, the Bulletin, or the 

Allegheny County Medical Society. 

Physician Referrals 

Did you know we get 

calls daily asking for 

referrals to physicians? 

Be sure your 

membership information 

is up to date so that 

you get connected, 

including: 

√ Hospital Affiliations 

√ E-mail address 

√ Correct phone/fax/ 

address/e-mail 



E-mail acms@acms.org or 

call (412) 321-5030 and ask for 

Nadine Popovich (ext. 110) or 

Jim Ireland (ext. 101) 

147

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PRESIDENT’S MESSAGE 

The ACMS Foundation: 50 Years of 

Supporting the Community 

LEO R. MCCAFFERTY, MD 

The Allegheny County Medical 

Society Foundation—created, 

funded and administered by physicians—holds 

an honored place in 

Pittsburgh’s health care history. Since 

1960 the ACMS Foundation has 

given back more than $2.1 million 

to the community and continues to 

be guided by its original mission: to 

alleviate suffering by helping people 

of all backgrounds live better, 

healthier lives through access to 

health care, education and related 

services. 

On March 19 the ACMS Foundation 

hosted “Pittsburgh Proud,” 

its annual community awards and 

fundraising gala. Taking place at 

Heinz Field, East Club Lounge, 

Pittsburgh Proud was an evening 

that celebrated many reasons to be 

proud of the Pittsburgh region, 

including the 2010 ACMS award 

winners. A color photo feature in 

this month’s Bulletin (page 163) 

highlights all of the award recipients 

and captures the fun-filled evening 

enjoyed by nearly 400 guests. 

The event featured lively entertainment 

by The Cadillac Jazz Trio 

and delicious food, and it provided 

the perfect opportunity and setting 

to socialize with friends and colleagues. 

An array of fabulous items 

were available to the highest bidder 

at a silent auction and, for the first 

time, a live auction took place for 

more exclusive items. Mike Clark, 


WTAE-TV news anchor, served as 

the master of ceremonies during the 

live auction and the awards ceremony. 

It is no surprise that this 

annual event has grown in popularity 

over the years. I strongly encourage 

you to attend next year’s event, 

especially if you have never done so 

before. 

What makes the gala so special is 

that all of the proceeds directly 

benefit the foundation. Funds raised 

at this event specifically provide 

medical student scholarships and, in 

collaboration with the Community 

College of Allegheny County, health 

career scholarships. The ACMS 

Foundation raised nearly $45,000 

during this year’s gala for these 

scholarships. 

Several medical and health career 

students will receive financial assistance 

this year through scholarships 

granted by the foundation because 

of the generous support of gala 

sponsors, as well as those who 

attended the gala or simply donated 

to the foundation. What a worthwhile 

cause, considering the extreme 

debt that many medical school 

students face after graduation. 

According to the Association of 

American Medical Colleges, the 

average medical student in 2010 

graduated with $157,944 in student 

loans. Seventy-eight percent of these 

graduates had debt of at least 

$100,000, and 42 percent of graduates 

had debt of at least $150,000. 

If you were unable to attend the 

gala, or have never contributed to 

the ACMS Foundation, you can still 

make a tax-deductible donation. 

Please make your checks payable to 

the ACMS Foundation and mail 

them to 713 Ridge Avenue, Pittsburgh, 

PA 15212. If you prefer, you 

can also call the medical society at 

(412) 321-5030 and contribute 

using a Visa or MasterCard. Visit the 

medical society’s website at www. 

acms.org and click the foundation 

link to view a list of individuals who 

have already benefited from grants 

presented by the foundation. 

Are you willing to help the 

ACMS Foundation continue to 

fulfill its mission of supporting 

charitable and educational projects 

in our community? Would you like 

to help lighten the financial burden 

of worthy medical students—our 

future physicians? Please donate 

today to help the ACMS Foundation 

continue its good work providing 

support for students on track for 

careers in medicine and health care. 

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○ 

Dr. McCafferty is a plastic surgeon and 2011 

ACMS president. He can be reached at 

mccafferty@acms.org. 






149

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ACADEMIC PERSPECTIVE 

Academic Medicine and Pharma 

Partnership 

Dancing with the (new) stars 

ARTHUR S. LEVINE, MD 

It’s no secret that this is a difficult 

time to be working in biomedical 

research. Not that being a scientist 

has ever been a particularly lucrative 

profession, but in this hard-hitting 

recession era, the shrinking pool of 

grant monies has made the job of 

starting and maintaining a research 

laboratory especially difficult. 

Even the National Institutes of 

Health (NIH), which—thanks to 

your tax dollars and mine—is the 

largest source of funding for medical 

research in the world, has experienced 

stagnant funding levels since 

2003. In 2006, the NIH appropriation 

from Congress was reduced by 

$81 million over the previous year’s 

allocation, the agency’s first budget 

cut since 1970. Since then, NIH’s 

budget essentially has stayed flat, 

failing even to keep pace with 

inflation. Although the 2009 American 

Recovery and Reinvestment Act 

provided a two-year bolus of $8 

billion in vital stimulus funds for 

extramural research, that legislation 

will expire in 2011, and the government 

has no plans to compensate for 

the impending shortfall. 

Despite the austere financial 

climate and fierce competition, the 

University of Pittsburgh has still 

managed to fare quite well. Pitt has 

more than doubled its NIH funding 

since 1998 and, for more than a 

decade, has ranked among the 

nation’s top 10 educational institutions 

in annual NIH support. In 

2010 the university spent nearly 

$754 million on research, more than 

80 percent of which went to the 

health sciences. Among the hottest 

areas of funded research at the 

School of Medicine now are drug 

discovery and design; vaccine development 

and biodefense; stem cell 

therapy, tissue engineering, and 

artificial organ and medical device 

development; and comparative 

effectiveness research. 

We can’t afford to rest on our 

laurels, though, and we are aggressively 

pursuing alternative funding 

sources for medical research. The 

pharmaceutical industry is quickly 

emerging as a promising partner. As 

NIH struggles with its budget crisis, 

the pharmaceutical industry is facing 

its own difficulties maintaining the 

pipeline for new drugs and therapeutics. 

For decades, “pharma” has taken 

a “soup-to-nuts” approach to drug 

discovery, development and commercialization. 

Pharmaceutical 

companies built huge centers, 

invested in state-of-the-art technologies 

and hired thousands of their 

own scientists in a brutally expensive 

strategy that worked as long as there 

was a constant stream of new drugs 

coming out of the pipeline. However, 

that stream has become a 

trickle, not because the science isn’t 

good, but because all the “lowhanging 

fruit”—the easy-to-develop 

drugs and targets—have already 

been found. What we are left with 

are the most complex biological 

problems: the intracellular networks, 

genomic-level effects and proteomic 

pathways, riddles that will take 

increased and continued investment 

in scientific research to solve. 

The University of Pittsburgh is 

well poised to form strategic and 

collaborative partnerships with the 

pharmaceutical industry. Pfizer has 


ACADEMIC PERSPECTIVE 

taken a lead in forming such relationships, 

having already closed 

several deals with major academic 

medical centers in the U.S. (including 

an $85 million commitment to 

the University of California at San 

Francisco) and also looking overseas 

to Europe and China. From the 

industry’s standpoint, it gains access 

to the best and most current science 

and technology, funded by NIH et 

al., without the high costs of maintaining 

physical infrastructure like 

laboratories and buildings. From the 

university standpoint, we gain a 

stable source of research funding and 

a significant stake in any drug that 

reaches commercialization. It’s a 

win-win situation, and I expect 

other pharmaceutical companies to 

follow suit in the near future. 

Some have raised questions 

about potential conflict-of-interest 

issues for an academic-industry 

partnership. It’s certainly true that 

a for-profit company has different 

drivers than a government-funded 

entity. For more than 25 years, our 

focus has been on federal funding 

sources. The university and NIH 

have well-developed policies and 

guidelines around every aspect of 

research conduct, and I myself came 

to Pitt from the National Institutes 

of Health in the late 1990s. So we as 

a university have grown to be and 

are very comfortable dealing with 

the government. Yet now we are 

likely to have a new partner, a 

corporate entity with a different 

motive and culture. 

Just like us, pharma wants to 

have the best science. It is willing to 

invest significant amounts of resources 

to get it, but only if such 

investment improves its pipeline and 

the bottom line. A large part of our 

work together will involve ensuring 


that intellectual property and corporate 

contract policies are in alignment 

with each other. 

Fortunately, partnering with 

industry is neither without precedent 

nor an entirely foreign concept 

to Pitt. For example, since 2006 the 

University of Pittsburgh Drug 

Discovery Institute (DDI) has had a 

number of researchers engaged in 

collaborative work with industry. 

However, most of these projects have 

been individually contracted with no 

formalized institutional support. 

DDI Director and Allegheny Foundation 

Professor D. Lansing Taylor, 

himself a serial entrepreneur as well 

as an academician, has coined a 

motto for the institute’s future focus: 

“Novel chemistries and systems 

biologies to accelerate drug discovery.” 

Moving 

forward, I intend 

for the DDI to 

serve as an 

institutional 

model and 

incubator for 

industry collaboration, 

providing 

infrastructure 

and training for 

researchers across 

campus to learn 

drug discovery, 

design and 

development. 

We’ve weathered 

the recession, 

and I am once 

again optimistic 

for the future of 

academic medical 

research and 

excited at the 

prospect of new 

and fruitful 

partnerships. 

Does it 

hurt 

when I 

push 

here? 






www.acms.org 

If you haven’t 

visited the medical 

society’s web site 

recently, log on and 

see what you’re 

missing! 



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Dr. Levine is senior vice chancellor for the 

health sciences and dean of the School of 

Medicine at the University of Pittsburgh. He 

can be reached at alevine@hs.pitt.edu. 

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Medical billing and consulting 

151

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PERSPECTIVE 

Reflections 

GEORGE J. PAVLIC, MD 

It is difficult to imagine that 

55 years have passed since we 

in the Class of 1956 received 

those coveted diplomas from the 

University of Pittsburgh School 

of Medicine. We too were 

bursting with energy and eager 

to use our knowledge in the 

noble profession of caring for the 

sick and dying. That future is now 

our past, but I’ve thought about 

what words of experience might be 

meaningful to the new medical 

graduates of 2011. 

Our 1956 class witnessed and 

has been part of the marvelous, if 

not meteoric, advances in diagnostic 

and therapeutic medical technology. 

New physicians likely never or rarely 

saw a patient with polio in an iron 

lung, or rheumatic fever and rheumatic 

heart disease, or tuberculosis, 

or tertiary syphilis, or complications 

of childhood infectious diseases. 

Patients such as these occupied many 

hospital beds during our medical 

school years, internships and residencies. 

Renal dialysis, CPR, open heart 

surgery, organ transplantation, 

chemotherapy, potent new antibiotics 

and vaccines, specialty care units 

and microsurgery techniques were all 

in their infancy or not even on the 

radar screen. If such progress continues 

at the same exponential pace, 

new physicians will witness endless 

possibilities for improved quality of 

health care. Our 1956 medical 

school class knows the past; both of 

Class of 

1956 

our classes know the present; and 

new doctors will live medicine of the 

future. You are entering an exciting 

chapter in the history of medicine. 

In my own field of hematology/ 

oncology, the first cures of cancer by 

chemotherapy were just being 

reported for the rare cases of choriocarcinoma 

and Burkitt’s lymphoma 

55 years ago. What followed was a 

series of discoveries and innovative 

therapies that give many of today’s 

cancer patients hope for cures, 

prolonged remissions, better control 

of adverse side effects from chemotherapy 

and better relief of pain and 

suffering—all resulting in a much 

better quality of life than could be 

offered 55 years ago. Similar spectacular 

progress has been made in all 

branches of medicine. 

Advanced technology has 

changed the face of medicine over 

the past 55 years. Our medical 

school professors emphasized the 

hands-on approach to patients. We 

spent many hours developing basic 

diagnostic skills of physical examination 

by inspection, palpation, 

percussion and auscultation. The 

more a physician mastered these 

techniques, the better diagnostician 

he or she became. Time 

spent with patients established 

relationships that allowed patients to 

know and trust their physicians. 

Today, advanced technology minimizes 

the necessity for extensive 

physical diagnosis. For some doctors, 

the stethoscope around the neck is 

more of a status symbol than a 

diagnostic tool. Economic circumstances 

make medicine more of a 

business than it was for us 55 years 

ago. More intermediaries now come 

between the doctor and patient. The 

downside of these factors is that 

doctors spend less time with patients, 

leading to a depersonalization 

of medicine. 

Even in retirement, I hear stories 

that some doctors are inaccessible, 

do not return phone calls or notify 

patients of test results in a timely 

fashion, and that they do not spend 

adequate time with patients, even 

though patients may wait hours to 

be seen. Patients will always need 

personal attention, reassurance and 

compassionate care. Patients have 

human emotions that need your 

attention. Look into the faces and 

eyes of your patients. Don’t just look 

into your computers searching for 

data while talking to patients. Don’t 

treat a disease, but a patient with a 

disease. 

Graduates of 2011 are highly 

trained, highly skilled and have 

exciting futures. But I would caution 


SOCIETY NEWS 

that it isn’t the prestige, it isn’t the 

power, it isn’t the money. Medicine 

is all about your patients. They 

entrust their very lives to your care 

and deserve your time and understanding. 

Sir William Osler, MD, 

world renowned clinician and 

teacher, said, “The practice of 

medicine is an art, not a trade; a 

calling, not a business; a calling in 

which your heart will be exercised 

equally with your brain.” 

And finally, don’t neglect yourself 

or your family. Medicine will 

consume your time, but don’t let it 

devour you. Pay attention to your 

own body, mind and spirit. The 

profession of medicine is challenging 

enough without the distractions of 

avoidable personal and family 

problems. I hope that in 55 years 

you can return to the University of 

Pittsburgh and look back on your 

medical careers with pride in your 

accomplishments, just as our class 

will be reflecting during our reunion 

weekend. 

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Dr. Pavlic is a member of the class of 1956. 

He can be reached at docpavlic@verizon.net 

Got Something to Say? 

If you’re an ACMS member 

and would like to write a 

Perspective, e-mail Linda 

Smith at lsmith@acms.org. 

or call (412) 321-5030, 

x105. 







The Joint Surgical Society met on February 28 at the Fairmont Pittsburgh Hotel, carrying 

on the Pittsburgh Surgical Society’s long-time tradition of presenting the previous year’s 

Most Interesting Cases. Nine residents presented cases from 2010. Pictured here with Dr. 

Bernard J. Costello are: (foreground) Dr. Leah Burnett, UPMC Mercy; and (l. to r.) Jon 

Cardinal, MD, UPMC Presbyterian/Shadyside; Matt Pavlick, DDS, MD, UPMC; Erik 

Svensson, MD, WPAHS, Allegheny General; Dr. Costello; Betsy Dovec, MD, WPAHS, 

Allegheny General; Zachary Peckler, MD, WPAHS, Forbes Regional; and Roman 

Grinberg, MD, Conemaugh Memorial Medical Center. Not pictured: Drs. Vivek Sharma, 

UPMC Presbyterian/Shadyside, and Ricardo Patton Po, Conemaugh Memorial Medical 

Center. 

ACMS Medical Student 

Scholarship... 

$2,000 will be awarded annually 

to each of two qualified medical 

students. For information on 

how to apply for the scholarship 

or how to contribute to the 

scholarship fund, e-mail 

studentservicesfoundation@ 

pamedsoc.org or call 

(717) 558-7854. The 

PaMedSoc Foundation 

administers the 

scholarship. 

COMMUNITY 

NOTES 

The AMD3Foundation, Renaissance 

Orthopaedics and the orthopaedic 

program at Magee-Womens 

Hospital at UPMC are 

jointly sponsoring the 

2011 Bone and Joint 

Health Series at Magee- 

Womens Hospital on 

April 30, with registration/ 

check-in and exhibits to 

begin at 9:15 a.m. The program, 

which will end at noon, is free, but 

advance registration is required at 

(412) 641-1924 or online at 

www.boneandjointhealth.org. 

153

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Ben Roethlisberger, and SuperBowl MVP Hines Ward. 

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Autographed by James Harrison, Super Bowl MVP Santonio 

Holmes, Troy Polamalu, Jeff Reed, Ben Roethlisberger, and 

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Autographed by Sidney Crosby, Marc-Andre Fleury, Evgeni 

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maser.galleries@verizon.net 

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ACTIVITIES & ACCOLADES 

Donald L. Fisher, MD, recently 

received the Peter J. Safar Pulse of 

Pittsburgh Award from the American 

Heart Association. The award is 

named for the late professor of 

resuscitation medicine at the University 

of Pittsburgh, who became 

known as the father of CPR. 

Dr. Fisher was named director of 

Allegheny General Hospital’s Catheterization 

Laboratory in 1960 and 

chief of the department of cardiovascular 

diseases in 1964, a position he 

held until 1984. He continues to 

report to work daily, serving as a 

member of the senior staff and 

regularly participating in resident 

teaching conferences. 

Thomas Kleyman, 

MD, has been 

named this year’s 

Medical Gift of Life 

Awardee by the 

National Kidney 

Foundation (NKF) Dr. Kleyman 

Serving the Alleghenies. Dr. 

Kleyman is being honored for his 

contributions to kidney research. He 

is director of the Pittsburgh Center 

for Kidney Research and chief of the 

University of Pittsburgh Renal 

Electrolyte Division. 

James Luketich, 

MD, has been 

named founding 

chair of the University 

of Pittsburgh 

School of Medicine’s 

new Department of Dr. Luketich 

Cardiothoracic Surgery. Dr. 

Luketich, who pioneered minimally 

invasive surgical techniques for 

esophageal and lung operations, is 

the Henry T. Bahnson Professor of 

Cardiothoracic Surgery. 

George 

Michalopoulos, 

MD, is the recipient 

of the American 

Liver Foundation’s 

Distinguished 

Scientific Achievement 

Award for 2010, honoring 

Dr. Michalopoulos 

scientists who undertake novel work, 

mentor other researchers and attract 

substantial funding over the course 

of their careers. Dr. Michalopoulos 

is professor in and chair of the 

University of Pittsburgh’s Department 

of Pathology. 

William R. Poller, 

MD, FACR, recently 

joined the Susan G. 

Komen Board of 

Directors, Pittsburgh 

Affiliate, for a twoyear 

term. He is the Dr. Poller 

first physician locally to sit on a 

Komen board. Dr. Poller is associate 

director of the Breast Cancer Center 

and Division of Breast Imaging, 

West Penn Allegheny Health System. 

Edward J. Zivic, MD, CFAAF, 

received the Man of Distinction 

Award during a program celebrating 

Black History Month at the Pentecostal 

Temple Church of God in 

Christ in East Liberty. Presented by 

the church pastor, Reverend Dr. 

Loran Mann, the award recognizes 

Dr. Zivic for his years of service to 

the community and to the church’s 

congregation. Dr. Zivic is clinical 

assistant professor of family and 

community medicine at UPMC 

Shadyside Hospital. 

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○ 

Send your Activities & Accolades items to Linda Smith at ACMS, 713 Ridge Ave., Pittsburgh, 

PA 15212 or e-mail lsmith@acms.org. We also encourage you to send a recent photograph 

indicating whether it needs to be returned. 


155

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IN MEMORIAM 

Robert J. Carroll, 

MD, age 87, passed 

away on March 15. 

Dr. Carroll (internal 

medicine) graduated 

in medicine from the 

University of Pittsburgh 

in 1947 and completed an 

Dr. Carroll 

internship at St. Francis General 

Hospital and a residency at St. John’s 

Hospital. A long-standing member 

of the medical society, he served as 

president in 1969 and as board chair 

in 1970. Dr. Carroll also served as 

district trustee of the Pennsylvania 

Medical Society. He is survived by 

his wife Ruth and daughters Rosemary, 

Nancy, Mary, Patricia 

Burkardt, Ruth Valchetti, and two 

sons Thomas and Jack. He is predeceased 

by daughter Jean. 

Rupert H. Friday, MD, age 98, 

passed away on March 16. Dr. 

Friday (obstetrics and gynecology) 

graduated in medicine from the 

University of Pittsburgh in 1938. He 

completed an internship at Mercy 

Hospital and a residency at Temple 

University Hospital. Dr. Friday 

served as president of the Pittsburgh 

Society of Obstetricians and 

Gynecologists and as chair of the 

American College of Obstetrics and 

Gynecology, District 3. He is 

survived by three daughters, Mary 

Lee Rafferty, Anne Friday Parker and 

Marjorie Friday Roberts, 10 grandchildren 

and 16 great-grandchildren. 

Basil A. Marryshow, 

MD, age 81, passed 

away on March 14. 

Dr. Marryshow 

(orthopaedic surgery) 

graduated in medicine 

from Howard Dr. Marryshow 

University in 1962. He completed 

an internship at Youngstown Hospital 

and a residency at Allegheny 

General Hospital. Dr. Marryshow 

served on the ACMS Board of 

Directors in 1988 and on the medical 

society’s editorial board for six 

years. He is survived by his fiancé 

Floy Wright; two sons, Terence and 

Wayne; three daughters, Karen, 

Margaret Marryshow-Vincent and 

Kathryn Marryshow-Katawcizk; 13 

grandchildren and one greatgrandchild. 

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157

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Mike isn’t a “sales rep.” Mike is a 

professional consultant with an 

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the medical supplies. 

Mike will help you make the best 

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Mike will guide you in choices 

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solution for all your needs 

CONTINUING EDUCATION 

REGIONAL MENTAL HEALTH TRAINING SERIES—Spring 2011. 

Sponsor: UPMC Western Psychiatric Institute and Clinic. For 

information, call (412) 802-6918 or visit www.wpic.pitt.edu/ 

oerp. 

2011 MEDICAL OFFICE OCCUPATIONAL HEALTH & OSHA 

UPDATE—May 4, ACMS headquarters. Physicians & Physician 

Assistants Category 2 credits. Sponsor: ACMS et al. For information, 

call (412) 321-5030 or visit www.acms.org/OSHA. 

VISION RESTORATION: REGENERATIVE MEDICINE IN OPHTHALMOL- 

OGY—May 26-27, University Club in Pittsburgh. 8.5 AMA 

PRA Category 1 credits. Sponsor: Univ. of Pittsburgh et al. For 

information, call (412) 624-5247 or visit www.foxcenter. 

pitt.edu. 

HIV/AIDS TRAININGS—many available. Sponsor: Pennsylvania/ 

MidAtlantic AIDS Education and Training Center, various 

locations. For information, visit www.pamaaetc.org. 

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○ 

This listing includes local events that are coming up soon; a more 

complete list is available on the medical society’s website at 

www.acms.org or by calling (412) 321-5030. 

Tissue Engineering Cellular Therapy 

Sensory Substitution Eye Transplant 

 

 

 

 

Vision Restoration: Regenerative 

Medicine in Ophthalmology 

May 26 -27, 2011 

University Club Pittsburgh, PA 

Distinguished speakers from Europe, Asia 

and the United States 

Prestigious industry speaker 

Poster session 

Industry Exhibits 

This activity has been approved for AMA PRA 

 

Complete information at 

www.foxcenter.pitt.edu or 412-624-5247. 


APRIL/MAY CALENDAR 

April is the month for the following national awareness 

programs: Autism, Donate Life and Minority Health. April 

23-30 is National Infant Immunization Week and April 24- 

30 is National Infertility Awareness Week. May 8-14 is 

National Women’s Health Week. (Source: U.S. Dept. of Health 

and Human Services, www.healthfinder.gov/library/nho/) 

April 16, 8-11 am ............ Pittsburgh Ophthalmology Society 

April 19, 8 pm ................. ACMS Finance Committee 

April 26 ........................... ACMS Alliance Past-Presidents Luncheon 

April 27, 5:30-8:30 pm .... Pittsburgh Pathology Society 

April 27, 6 pm ................. ACMS Membership Committee 

April 28, 6 pm ................. Pittsburgh Urological Association 

Capital Grill 

April 28, 7:30-10 am ....... PAMED Practice Managers 

April 30 ........................... ACMS Alliance 

International Brunch 

May 4, 7:30 am .............. OSHA Seminar 

May 9, 6 pm ................... ACMS Editorial Board 

May 10, 9 am ................. ACMS Alliance 

May 11, 11 am-6 pm ....... College of Surgeons 

May 18, noon ................. Emergency Medical Services 

May 19, 5:30-pm ............ Pittsburgh Pathology Society 

May 20, 9 am-1 pm ........ Three Rivers Adoption Council 

May 24, 6 pm ................. ACMS Board of Directors 

SAVE THE 

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This activity has been approved for AMA PRA Category 1 Credits 


159

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LEGAL REPORT 

When Can Minors Consent to 

Their Own Medical Care? 

ELIZABETH METZ, ESQ 

Absent an emergency, parental consent generally is 

required to provide medical care to minors (less 

than 18 years of age). But under what situations 

may minors consent to their own care? When are parents 

normally entitled to have access to their child’s 

health care information? 

As a general rule, minors may not consent to medical 

care. An authorized representative must make medical 

decisions on behalf of minors who are unable to 

make their own health care decisions. This person 

usually is a parent. Other persons—such as a legal 

guardian or foster parent—generally may provide 

consent for a minor, subject to some limitations. Pennsylvania 

law also provides an exception to the parental 

consent requirement for emergency medical care. 

Minors who are otherwise competent may consent to 

medical care in some limited circumstances. 

• Status—Pennsylvania law permits a minor who has 

graduated from high school, has married or has been 

pregnant to consent to all medical, dental and other 

health services, with the exception of abortion. 

• Specific care—Pennsylvania law permits all minors to 

consent to certain types of medical care such as venereal 

disease testing and treatment. In addition, under 

federal law, minors may consent to reproductive care 

(including birth control) from health care providers 

who are funded by Title X of the Public 

Health Service Act; minors may have 

the right to do so in certain other 

circumstances as well. 

• Emancipated minors—A court can 

“emancipate” a minor for the 

purpose of consenting to all 

medical care or to specific medical 

care, including abortion. Certain 

self-sufficient minors also might 

qualify as emancipated without 

formal court action and would be free to make their 

own health care decisions. 

As a general rule, the right to control access to health 

information is tied to the right to consent to the care. 

When parents are the health care decision-makers for 

their children, they generally are entitled to access their 

children’s health information and to control its disclosure 

to others. 

However, when minors are allowed to consent to 

medical care, their parents generally have no right to 

access information about that care or to control its 

disclosure to others without the minor’s authorization. 

The HIPAA privacy rule and licensing regulations 

for professionals and health care facilities are the primary 

source of confidentiality rules. (For more about HIPAA 

privacy rules and confidentiality rules, see Medical 

Records and Other Protected Health Information at 

www.pamedsoc.org/legalbriefs.) 

Special confidentiality rules apply to certain superprotected 

information, such as HIV-related information, 

mental health care, and drug and alcohol abuse care. 

The AMA Council on Ethical and Judicial Affairs also 

has issued Opinion 5.055: Confidential Care for Minors. 

(Go to www.ama-assn.org and search for “Opinion 

5.055.”) 

Even when minors are not authorized to provide 

consent, it may be ethically and legally 

appropriate for physicians to involve 

them in the medical decision-making 

process to the degree commensurate 

with their abilities. Vice versa, when 

minors are authorized to consent on 

their own, it may be ethically or 

legally appropriate to encourage 

them to consult with their parents 

or another person acting in loco 

parentis (in the position of parents). 


LEGAL REPORT 

Members of the Allegheny County Medical Society 

have access to more information on this topic at 

www.pamedsoc.org/legalbriefs, including: 

• Pennsylvania statutory exceptions to parental consent, 

• frequently asked questions about minor confidentiality 

and consent, 

• a model medical consent authorization (which parents 

may use to authorize an adult relative or family friend 

to consent to medical care for their minor children), 

• links to other resources. 

This is general legal information and is not intended 

as legal advice. The law can change and is subject to 

differing interpretations. Physicians should consult their 

attorney if they need legal guidance on a specific situation. 

Nothing in this information should be construed 

as defining a standard of care. 

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○ 

Ms. Metz is general counsel for the Pennsylvania Medical Society; she 

can be reached at (800) 228-7823. 

Legal Summary 

Jury Verdict for Defense Overturned on Informed Consent Issue 

A trial court judge urged the Pennsylvania Superior Court to grant 

plaintiffs a new trial on the issue of damages 1 after determining that 

the jury verdict for the defendant physicians on the issue of informed 

consent was against the weight of the evidence. 

Facts. The plaintiffs’ infant child was diagnosed with hydrocephalus in 

utero. After its premature birth, it was transferred to Hershey Medical 

Center where a pediatric neurosurgeon implanted a shunt with an 

anti-siphon valve. While that neurosurgeon was out of town, the 

hospital-employed physicians who took over the infant’s care were 

concerned that there were no external signs of improvement and 

sought the parent’s permission to revise the shunt because they were 

concerned that it was not functioning properly. The parents’ consent 

for the procedure was obtained over the telephone in a “one minute, 

maybe two” conversation, according to the resident who spoke with 

them. The covering physicians removed the shunt, but discovered 

with intra-operative testing that it was functioning within the parameters 

intended. Nevertheless, without consulting the parents (who 

were steps away), the surgeons replaced the valve with a different 

valve that did not have an anti-siphon valve. Subsequently, the infant 

suffered from brain collapse, a massive subdural hematoma and 

acute infection resulting from over-drainage of his cerebrospinal fluid. 

A complex and disastrous clinical course followed for the infant. 

Procedure of the Case. In their Motion for Post-Trial Relief, plaintiffs 

asserted as error that the verdict was against the weight of the 

evidence. The trial court found for the plaintiffs on the issue of 

consent but not on the issue of negligence, citing two discrete 

instances of failure to obtain informed consent. First, the court 

reasoned, there was no way that the resident could have reviewed 

the 11-paragragh, two typewritten pages consent form in its entirety 

with the plaintiffs in a one- or two-minute conversation. Second, the 

court stated that the physicians should have consulted the parents 

and obtained their informed consent prior to replacing the existing, 

functional shunt with a different device that did not have an antisiphon 

valve. Because the plaintiffs filed an appeal with the Pennsylvania 

Superior Court prior to this decision, the trial court’s order 

became merely advisory. Nevertheless, it urged the Superior Court to 

grant the patient’s appeal on the informed consent issue and grant 

them a new trial solely for the determination of damages. Arguments in 

the appeal before the Superior Court were scheduled to be held the 

week of March 21, 2011. 

Import. This case highlights the importance of basic concepts of 

informed consent: 

• Take the time required to thoroughly discuss the content of the 

informed consent form as well as any legitimate alternatives with 

your patient. A patient’s prior consent to a similar high-risk procedure 

does not obviate the need for valid, informed consent to the specific 

risks of the planned procedure. 

• Be clear as to what procedure is planned. Vagueness does not 

necessarily give you latitude. Rather, it can vitiate whatever consent 

you managed to obtain. 

• If you decide to change the course of treatment during a procedure 

and there is an opportunity to obtain informed consent, seek it. 

Unless you have outlined possible alternative procedures or 

treatments in your consent form or unless there is an emergency, 

you must seek informed consent. 

Informed consent is not a formality. Rather, it is a patient’s right and an 

ethical and legal imperative that must be considered to be an integral 

part of any surgical procedure and allotted the time to be obtained 

effectively. 

1 

Hartman v Hershey Medical Center, 124 Daugh.243 (Sept.14, 2010). 

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○ 

Ms. Jackson is the sole member of Beth Anne 

Jackson, Esq. LLC, a law firm that serves the legal 

needs of health care practitioners and facilities in 

southwestern and central Pennsylvania. She can be 

reached at (724) 941-1902 or bjackson-law@ 

verizon.net. Visit www.jacksonhealthlaw.com 


161

What Does ACMS Membership Do For Me? 

ACMS members have exclusive access to vendors of physician 

supplies and services at special rates. We screen all vendors for 

quality and value, so you don’t have to. 

Membership Group Insurance 

Programs 

Blue Cross/Blue Shield, Disability, 

Property and Casualty 

USI Affinity 

Bob Cagna, 724.873.8150 

Banking, Financial and 

Leasing Services 

Medical Banking, Office VISA/MC 

Service 

PNC Bank 

Brian Wosniak, 412.779.1692 

Medical Liability Insurance 

PMSLIC 

Marketing Department 

Lisa Klinger, 717.802.9236 

Medical Supplies 


Michael Gomber, 412.580.7900 

Medical Waste Removal 

Medical Waste Recovery Inc. 

Mike Musiak, 724.309.9261 

Printing Services and 

Professional Announcements 

Service for New Associates, Offices 

and Address Changes 


Society 

Susan Brown, 412.321.5030 

Life, HIV Coverage 

Malachy Whalen & Co. 

Malachy Whalen, 412.281.4050 

Records Management 

Business Records Management 

Inc. (BRM) 

Autumn McGinnis-Gollob, 

412.321.0600 

Auto and Home Insurance 

Liberty Mutual 

Angelo DiNardo, 412-859-6605, 

ext. 51902 

Member Resources 

BMI Charts, Where-to-Turn cards 


Society 

412.321.5030 

Staffing Services 

Liken Health Care Staffing 

Judy Thompson, 888.366.4545 


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PHOTO FEATURE 

2011 ACMS Community 

Awards Gala: Pittsburgh Proud 

all photos by Viglione Photography 

The Allegheny County Medical Society 

and ACMS Foundation Community 

Awards Gala—Pittsburgh Proud—recognized 

the achievements of the medical society’s 

2010 award winners and raised funds for the 

foundation’s charitable works in the 

community. The event included installation 

of the medical society’s 2011 president, Dr. 

Leo R. McCafferty, and other officers at a 

VIP reception prior to the gala celebration. 

(Note: The February 2011 issue of the Bulletin provided details 

on award recipients, and the January 2011 issue featured the 

2011 ACMS officers.) 

A crowd of nearly 

400 people was on 

hand at the March 

19, 2011, ACMS 

Foundation Community 

Awards Gala, 

held once again at 

Heinz Field East 

Club Lounge. The 

Gala celebration 

featured the Pittsburgh 

Proud reception, 

silent auction, 

entertainment by the 

Cadillac Jazz Trio, 

dinner, awards 

presentation and live 

auction. Proceeds 

from the event will 

benefit the ACMS 

Foundation Medical 

and CCAC Nursing 

Student Scholarship 

Funds. 


163

PHOTO FEATURE (from page 163) 

Jan D. Smith, MD, accepted the 2010 

Physician Volunteer Award. 

Judith S. Black, MD, MHA, accepted the 

2010 Frederick M. Jacob Outstanding 

Service Award. 

Rebecca Caserio, MD, accepted the 2010 

Nathaniel Bedford Primary Care Physician 

Award on behalf of her husband, the late 

Chris Allen, MD. 

Congratulations on 50 Years! 

50-year award winners in attendance this year included (l. to r.): Drs. Charles M. Diez, 

Jan D. Smith, David L. Katz, Barry Tenenouser, Philip G. Pollice and Robrt H. Trivus. 

Not pictured are (alphabetically): Drs. Stuart S. Burstein, Sung W. Chang, Murray T. 

Charlson, C. Charles Iannuzzi, James R. Johnson, John S. Kennerdell, Charles Krifcher, 

Harry E. Lanauze, Howard N. Lang, Peter M. Melotti, Everett F. Oesterling Jr., Kook- 

Sang Oh, Anne N. Tessaro, Robert L. Wittig and Neal Zweig. 

Leadership and Advocacy for Patients and Physicians 

Top (l. to r.): 2011 ACMS President Leo 

McCafferty, MD, and Immediate Past 

President John Delaney, MD. Bottom: 

Mike Clark, WTAE-TV, gala emcee. 


PHOTO FEATURE 

The Allegheny County Medical 

Society Foundation would like 

to express its sincere gratitude 

to the following sponsors of the 

2011 Community Awards Gala. 

Championship Level 

John A. Straka, MD, FACS, accepted the 

2010 Ralph C.Wilde Award. 

Mark J. Laskow, Esq., accepted the 2010 

Benjamin Rush Individual Public Health 

Award. 

Most Livable City Level 

ACMS Foundation 

Gala Committee 

Doris K. Cope, MD 

John F. Delaney Jr., MD, MPH, DrPH 

Rose H. Delaney, RN, MBA, DrPH 

Deval M. Paranjpe, MD 

John R. Senay Jr. 

The Honorable Mary Jane Bowes 

Steven Evans, MD 


Susan McCafferty 

G. Alan Yeasted, MD 

Mim Siedel and Scott Lammie, accepted 

the 2010 Benjamin Rush Community 

Organization Health Service Award on 

behalf of the Greater Pittsburgh Community 

Food Bank. 

ACMS Foundation Board 

Daniel H. Brooks, MD 

Douglas C. Clough, MD 

Richard E. Dietrick, MD 

John F. Delaney Jr., MD, MPH, DrPH 


The Honorable Mary Jane Bowes 

Rajiv R. Varma, MD 

Good Neighbor Level 


165


Eva Tansky Blum accepted a Pride in 

Pittsburgh Award on behalf of the PNC 

Grow Up Great Program. 

Ann L. McGaffey, MD, accepted a Pride in 

Pittsburgh Award for her work in helping 

develop Fitwits. 

Fredric V. Price, MD, accepted a Pride in 

Pittsburgh Award for his international 

volunteer work. 

Autumn Stewart, PharmD, accepted a 

Pride in Pittsburgh Award on behalf of the 

Duquesne University Mylan School of 

Pharmacy. 

Immediate Past-President John 

Delaney Jr., MD, passed the gavel 

to 2011 ACMS President Leo R. 

McCafferty, MD, at a VIP 

Reception prior to the gala 

festivities. 

Greta K. Rooney was unable to be present 

to accept her Pride in Pittsburgh Award, 

which recognized her work raising funds 

for the Thomas E. Starzl Transplantation 

Institute at UPMC and the Cancer Caring 

Center. 


PHOTO FEATURE 

. 

Sights & 

Sounds 

Gala 2011 


167


Meet & 

Greet 

Gala 

2011 


PHOTO FEATURE 

Thank-You 

The ACMS Foundation would like to 

thank the following individuals, businesses 

and organizations for their generous 

support and contributions to the 2011 

Gala auction and program: 

Save the Date!!! 

Saturday, March 24 

Gala 2012 

Bettis Floral 

Blocher Jewelers 

Dr. Robert Bragdon 

Chapel Hills Jewelry 

Charlet’s Web 

Dr. Doris Cope 

Davis Innovation Volunteers 

Drs. John & Rose Delaney 

Fairmont Pittsburgh 

Laser & Rejuvenation Center of 

Pittsburgh 

Liberty Mutual 

London Dock 

The Marlene Harris Collection 

Marriott City Centre 

Dr. & Mrs. Leo McCafferty 

Dr. Karl Olsen 

Omni William Penn Hotel 

The Pittsburgh Steelers 

Pittsburgh Transportation Company 

Plastic Surgical Associates of 

Pittsburgh 

Proper Gardens 

RJC Fox Chapel Dermatology, PC 

Rob Rogers 

Adina Schiffman 

Sephora South Hills Village 

Dr. Robert Trivus 

Viglione Photography 

VisitPittsburgh 

Dr. Cyril Wecht 

Westin Convention Center 

Wexford Post Office Catering 

Dr. & Mrs. John Williams 

Special thanks to Mike Clark from 

WTAE-TV for emceeing our awards/ 

live auction program. 


169

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FINANCIAL HEALTH 

Read the Literature: 

Investing Lessons from 

Mark Twain 

GARY S. WEINSTEIN, MD, FACS 

Iam honored to be co-writing this month’s column 

with Mark Twain. Although he is considered 

America’s greatest writer, his literary skills did not 

transfer to investing. As a young man he lost his wealth 

investing in a single company that ultimately failed. 

Today’s physicians can learn from his mistakes and use 

evidence-based financial knowledge and diversified 

products to avoid them. 

Early in his career, Twain liked to “take little chances 

in the stock market,” but that changed in 1890 after 

attending a typesetting machine demonstration. He met 

the machine’s inventor and talked with a friend who 

claimed to be a “considerable owner” planning to invest 

more. His small initial investment was followed by 

increasingly larger ones needed for the inventor’s “final 

improvements.” By 1893 he had invested $300,000 

($7,500,000 in today’s dollars), but lost everything when 

the invention was rendered obsolete by a newer linotype 

machine. After Twain declared personal bankruptcy, 

a Wall Street executive and admirer managed 

his bankruptcy and financial rehabilitation. 

Twain rationalized his early small 

stock market gambles, but the cumulative 

losses were significant because of the 

time he lost to compound wealth. 

Investment income can be reinvested to 

generate its own income stream, initiating 

a sequentially expanding positive 

feedback loop. Early monetary losses 

reduce the number of reinvestment cycles, especially the 

larger ones occurring later in time. Late blooming 

investors require more substantial investments to “catch 

up” and compensate for early failures. Develop sound 

investing and savings habits now to harness the power of 

compounding for as long as possible. 

Twain believed his investment in a single company 

was “safe” because he understood publishing and personally 

knew the inventor. Physicians often use the same 

rationale to justify investing in pharmaceutical and 

medical device companies, but individual stocks are 

exposed to random and unpredictable factors. In Twain’s 

case, the inventor procrastinated and was scooped by the 

competition, but companies face potential price wars, 

regulatory issues, management problems, labor troubles, 

environmental factors and terrorism. These risks usually 

harm specific industries or companies more than the 

overall market. Physicians can reduce their 

risk and increase their returns by focusing 

on asset allocation and index fund selection 

rather than searching for the next 

Facebook or Google. 

Like many investors, a friend 

influenced Twain to invest in the 

typesetting company. Joining others 

provides social approval, inclusion, the 

lure of wealth and affirmation of an 

investment’s worth. Similar influences 

lead to herd behavior during bull and 


FINANCIAL 

bear markets. Successful investors write an Investment 

Policy Statement defining their asset allocation, portfolio 

holdings and rebalancing targets. It helps investors resist 

the temptation to alter their portfolios based on current 

news or market conditions. To avoid Twain’s fate, consider 

ignoring the next great investing “opportunity” you 

hear about! 

Individual stocks also subject investors to fraud risk, 

even when they possess valuable inside company knowledge. 

Twain may not have been technically defrauded, 

but the inventor repeatedly misled him about the 

machine’s readiness for production. He had a similar 

experience investing in gold mines, leading him to 

conclude that a mine is “a hole in the ground owned by 

a liar.” Most modern financial fraud results from “creative” 

accounting practices. Owners of individual stocks 

should be wary when a company without unique products 

or services outearns its peers. 

Twain learned enough from his mistakes to authoritatively 

dispense investment wisdom. He wrote, “There 

are two times in a man’s life when he should not speculate: 

when he can’t afford it, and when he can.” He 

humbly observed that he was “seldom able to see an 

opportunity until it had ceased to be one,” and “It is 

easier to stay out than get out.” He also noted, 

“October…is one of the peculiarly dangerous months to 

speculate in stocks. The others are July, January, September, 

April, November, May, March, June, December, 

August and February!” His words warn against speculating 

or becoming too enamored with a single company or 

fund. Twain realized that investing is risky and impossible 

to accurately time. 

Finally, Mark Twain’s experience advises physicians 

not to confuse medical expertise with investing prowess: 

“Don’t let schooling interfere with your education,” and 

“The trouble with the world is not that people know too 

little, but that they know so many things that aren’t 

true.” Consider putting aside preconceived notions, 

reading the investment classics and learning to invest 

based on academic-based financial research. Although 

few physicians can match Mark Twain the writer, he can 

teach all of us how to become better investors. 

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○ 

Dr. Weinstein co-authored a retirement planning chapter in J.K. 

Lasser’s Expert Financial Planning, taught financial planning at the 

American Academy of Ophthalmology and lectures to physician groups 

on this topic. Dr. Weinstein also serves as associate editor of the ACMS 

Bulletin. He can be reached at weinstein.gary@gmail.com. 


A Professional Corporation 

Certified Public Accountants 

"Specializing in Physician Practices Since 1978" 

Let us be the key to your future . . . 

412-281-1901 

www.3kcpa.com 

171

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SPECIAL REPORT 

Free Resources for Physicians 

Help Cancer Patients & Families 

Stay Well, Get Well, Find Cures and Fight Back 

PATRICIA T. PATTERSON, RN, MN 

beauty techniques to women in active treatment, all of 

which are non-medical and product-neutral. In these 

sessions, trained volunteer cosmetologists teach women 

how to cope with skin changes and hair loss using 

cosmetics and skin care products donated by the cosmetic 

industry. These free kits are available in light, 

medium, dark and extra dark shades to enhance all 

complexion types. Women also learn ways to disguise 

hair loss with wigs, scarves and other accessories. 

Reach to Recovery Breast Cancer Support. Reach to 

Recovery helps both women and men cope with breast 

cancer. This typically begins when someone is faced 

with the possibility of a diagnosis and may continue as 

a patient begins and completes treatment and upon any 

future recurrence. In Pennsylvania in 2009 alone, some 

9,380 new cases of breast cancer were diagnosed in 

women, with a 79 percent survival rate. 

Upon receiving a breast cancer diagnosis, a patient 

or health care provider can request a visit from a Reach 

to Recovery volunteer. The volunteer provides practical 

guidance, emotional support and information related to 

the disease and its treatment. No medical comparisons 

or advice are given, but the volunteer has the knowledge 

to refer the patient back to the health care professional. 

As with Man to Man (see below), volunteers with 

Reach to Recovery are breast cancer survivors who have 

fully adjusted to their surgery and are carefully selected 

and trained. They offer unbiased facts and emotional 

support in a completely confidential format. 

Man to Man Prostate Cancer Support. Prostate 

cancer is the second leading cause of cancer deaths 

among men. In 2010 an estimated 8,130 new cases of 

prostate cancer in men will be diagnosed in Pennsylvania, 

resulting in approximately 1,440 deaths. 

More than 20,000 Western Pennsylvanians are 

diagnosed with cancer each year. For physicians 

and their staff helping patients and 

families deal with this devastating illness, there is good 

news about easing the burden of care. The American 

Cancer Society provides more free resources than ever 

before to help health care providers save lives by helping 

people Stay Well, Get Well, Find Cures and Fight Back. 

Physician referrals often play a key role in influencing 

overwhelmed patients and their families to take advantage 

of the society’s vast resources that provide broad 

access to additional sources of care. 

Road to Recovery. Long-term treatments may place a 

burden on patients to make frequent returns to treatment 

centers, sometimes daily, for weeks and months. Every 

patient requiring radiation therapy could need anywhere 

from 20 to 30 daily treatments, five days each week, for 

four to six weeks. Others receiving chemotherapy might 

need to report for treatment weekly for more than a year. 

That’s where the society’s Road to Recovery helps ease 

the driving burden. 

More than 300 Road to Recovery volunteers in 18 

Western Pennsylvania counties drive cancer patients to 

treatment centers and home again. These rides are 

scheduled through the Patient Service Center coordinator 

and driver. All drivers are thoroughly trained, well monitored 

and have passed background checks. 

Road to Recovery program pairs community volunteers 

with patients to provide rides to and from treatments. 

Volunteers can drive as little or as much as they 

want, with some volunteering as little as one afternoon a 

month and others as often as several days a week. 

Look Good, Feel Better. Because physical side effects of 

cancer treatment often rob women of their self-confidence, 

the society provides free programs that teach 



Man to Man provides men with free, communitybased 

group education, open discussion and support. 

Volunteer coordinators organize monthly meetings for 

patients to learn about the facts regarding side effects of 

treatment and coping with the strain. Men may participate 

through personal visits and telephone support, as 

well as in a group setting among peers. 

All Man to Man volunteers are prostate cancer 

survivors. Each is specifically trained to honestly, confidentially 

and openly discuss concerns, but none offers 

any medical advice under any circumstances. 

Continuing Medical Education. The society provides 

free online CME for physicians and CEUs for nurses on 

such aspects as cancer prevention and diagnosis, treatment 

and palliative care. This can range from improving 

and maintaining knowledge and skills relevant to all 

aspects of cancer control, including cancer prevention, 

early detection and diagnosis, to treatment and rehabilitation. 

For more, visit http://CME.AmCancerSoc.org. 

CA: A Cancer Journal for Physicians. CA is a peerreviewed 

journal of the American Cancer Society that 

provides up-to-date information on all aspects of cancer 

prevention, early detection, treatment of all forms, 

palliation, advocacy, quality of life and more. Published 

six times per year, CA is the most widely circulated 

oncology journal in the world, with a circulation of 

approximately 88,000. Although CA is an oncology 

journal, it is not just for oncologists. Articles cover a 

wide range of oncology topics relevant to diverse interests. 

Recently the ISI Journal Citation Reports showed 

that CA has retained its top ranking as the #1 cited 

journal in the category of oncology. To subscribe, visit 

www.ezsub.net/ca. 

About the American Cancer Society. With more than 

25,000 volunteers in Western Pennsylvania, the American 

Cancer Society combines an unyielding passion with 

nearly a century of experience to save lives and end 

suffering from cancer. With the benefit of having a 

global grassroots force of more than three million 

volunteers nationwide, ACS fights for every birthday 

threatened by every cancer in every community. 

This ranges from volunteering to help patients 

during and after a cancer diagnosis and by investing in 

groundbreaking research, to rallying lawmakers to pass 

laws to defeat cancer and rallying communities worldwide 

to join the fight. Some 44 researchers funded by 

ACS grants have won Nobel Prizes in Medicine. 


As the nation’s largest non-governmental investor in 

cancer research, contributing more than $3.4 billion, 

ACS turns what it knows about cancer into its activities. 

As a result, more than 11 million people in America 

who have had cancer, and countless more who have 

avoided it, will be celebrating birthdays this year. 

To learn more, physicians and their patients may call 

any time, day or night, at (800) 227-2345 or visit 

www.cancer.org. 

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○ 

Ms. Patterson is the health initiatives director at the American Cancer 

Society, East Central Division. 

Free Cancer Awareness Presentations 

The Chronic Disease Prevention Program of the Allegheny 

County Health Department (ACHD) has received a grant through 

the Pennsylvania Department of Health’s Pennsylvania Cancer 

Education Network (PCEN). The purpose of this grant is to raise 

public awareness about colorectal, prostate, skin and ovarian 

cancers. 

Free presentations will cover a brief overview of the above 

mentioned cancers, risk factors, prevention approaches, 

symptoms and recommended screenings. Geared to lay people, 

the presentations are about 20-40 minutes in length, depending 

on the needs of the group, with a required pre-test and a posttest 

following the talk. Organizations, community groups and 

churches are urged to take advantage of this special opportunity 

to provide free health education to their members. 

For example, colorectal cancer is the second leading cause of 

cancer-related deaths in the United States. The federal Centers 

for Disease Control (CDC) estimates that if everyone aged 50 or 

older received regular colorectal cancer screenings, as many as 

60 percent of deaths from this cancer could be avoided. 

Lorraine Starsky RN, BSN, a public health nurse with the ACHD 

Chronic Disease Prevention Program, will conduct the colorectal 

cancer presentations. As an experienced nurse and someone 

who has had regular screening for colorectal cancer, Ms. Starsky 

can discuss overcoming the “ick” factor surrounding the screening 

for this cancer. She can be reached at (412) 247-7816. 

For education on prostate, ovarian and skin cancers, contact 

Jason Simonson, a health educator and nutritionist with the 

Chronic Disease Prevention Program. He can be reached at 

jsimonson@achd.net or (412) 247-7813. 

173

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Accountable Care Organizations: 

Western PA Physicians and 

Hospitals Prepare for Reform 

PATRICIA RAFFAELE 

The marriage of both quality of care and payment 

is evident in the creation of accountable care 

organizations as outlined in the Patient Protection 

and Affordable Care Act. When the act passed more 

than a year ago, only seven pages were devoted to the 

creation of accountable care organizations (ACOs). 

Yet, these soon-to-be new entities will impact the 

delivery of health care to Medicare beneficiaries and, at 

the same time, change the payment system for hospitals, 

physicians and others. While the goal is to provide 

incentives to improve quality of care, ACOs are also 

designed to save the Medicare program at least $4.9 

million through 2019. 

The Hospital Council of Western Pennsylvania is 

still waiting to see what the regulations will require for 

an ACO. There are still legal and regulatory barriers to 

physician-hospital sharing of financial incentives. These 

barriers would have to be addressed before ACOs could 

be implemented as defined under the health reform law. 

While the regulations defining the details of the 

requirements for an ACO have not yet been released, 

independent physicians, physician group practices, 

hospital-physician partnerships and other clinical professionals 

along the continuum of care are trying to determine 

their role in an ACO model. 

The Centers for Medicare and Medicaid Services 

(CMS) defines an ACO as “an organization of health 

care providers that agrees to be accountable for the 

quality, cost and overall care of Medicare beneficiaries 

who are enrolled in the traditional fee-for-service program 

and who are assigned to an ACO.” 

The concept of an ACO goes to the heart of both 

the cost of providing health care and the quality of care 

provided. Beginning January 1, 2012, groups of qualify- 

174 Bulletin : April 2011 

ing providers will have the opportunity to form an ACO 

and share in the cost savings achieved for the Medicare 

program. 

Qualifying organizations include physician group 

practice arrangements, networks of practices, hospitalphysician 

joint ventures, hospitals employing physicians 

and other clinical professionals such as physician assistants, 

nurse practitioners or clinical nurse specialists. 

Other qualifying organizations may be determined as 

appropriate by the Secretary of Health and Human 

Services. 

Under an ACO, payments will still be made through 

Medicare’s traditional fee-for-service program; however, 

an ACO will be offered incentives when providers keep 

costs down and meet specific quality requirements. 

Those ACOs meeting the requirements for the incentives 

would be able to share in the savings generated. 

There will be no financial penalty if savings are not met. 

The health reform law did outline certain requirements 

to become an ACO. ACOs must have a formal 

legal structure to receive and distribute shared savings; 

there must be a sufficient number of primary care 

physicians to care for at least 5,000 Medicare beneficiaries; 

an ACO must agree to participate for not less than 

a three-year-period; processes must be defined to promote 

evidence-based medicine and patient engagement, 

report on quality and cost measures and coordinate care 

and demonstrate that it meets patient-centeredness 

criteria as determined by the Secretary of Health and 

Human Services. This could incorporate requirements of 

other programs such as the Physician Quality Reporting 

Initiative (PQRI), Electronic Prescribing (eRx), electronic 

health records and coordination of care. 

An ACO will be required to cover 5,000 Medicare


beneficiaries, yet the ACO assignment to a Medicare 

beneficiary will be invisible. While a provider within an 

ACO may refer the beneficiary within the ACO for 

services, the beneficiary may seek services from other 

providers, even if the physician or provider is not part of 

his or her assigned ACO. 

To earn incentive payments, ACOs must meet 

certain quality thresholds. They must have a defined 

process to promote evidence-based medicine, and 

reporting measures will be determined by the Secretary 

of Health and Human Services. These will include 

clinical processes and outcomes, patient and caregiver 

perspectives on care and utilization and costs. The ACO 

will then be able to share in any savings generated to the 

Medicare program at a rate determined by the secretary. 

Beginning in 2012, state Medicaid programs can 

begin demonstration projects that will allow pediatric 

medical providers to form ACOs and receive incentive 

payments. 

Western Pennsylvania hospitals and physicians will 

continue to prepare for elements of health reform, 

including new care delivery and payment systems such 

as ACOs. 

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○ 

Ms. Raffaele is vice president of advocacy and communications for 

Hospital Council of Western Pennsylvania. She can be reached at (724) 

772-7202 or raffaelep@hcwp.org. 

RESOURCES 

American Hospital Association 

Centers for Medicare and Medicaid Services 

The Advisory Board 

Editor’s Note: At press time, the government released the 

new ACO regulations. Please watch for the May issue of 

the Bulletin for a “Legal Report” by Attorney William 

Maruca detailing these regulations. 

Wisdom in Practice 

A subsidiary of the Pennsylvania Medical Society 

We help medical practices by solving their business problems and helping them realize new opportunities to grow. 

Each practice has its own challenges so we work with you to identify the most important areas and create a solution that 

fits your specific needs. Some of our services include: 

• Documentation and coding audits and individual or 

group coding education 

• Electronic Health Records (EHR) selection, implementation, 

and ongoing assistance 

• Medicare and commercial payor bonus programs 

assistance (i.e. PQRI and e-Rx) 

• Practice startups and mergers 

• Practice and billing assessments 

• HR manuals, job descriptions, and general advice 

• Compensation system development 

• Benchmarking of revenue, expenses, accounts 

receivable 

• Fee schedule review and development 

• Presentations/Education/Speakers Bureau 

• Website Customization 

• Mini-COBRA Administration 

If you would like more information about PMSCO, please visit www.consultPMSCO.com. You may also contact us by 

email at experts@consultPMSCO.com or by calling toll-free: 1-888-294-4336. 

777 E. Park Drive Harrisburg, PA 17111 


175

Doctors and Patients. Preserve the Relationship. ® 

Free. Members-Only Information 

From the Pennsylvania Medical Society 

Of the thousands of calls and e-mails we receive from Members every year, many concern the 

same issues and questions. So, we’ve developed a series of brief publications that address 

these common Concerns. They’re free and available only to Members. 

Regulations 

Practice Guidelines for Physician Assistants 

and Certified Registered Nurse Practitioners 

A resource for physician practices to understand licensure, 

scope of practice, and reimbursement rules and 

guidelines for these positions. 

Setting the Record Straight: What You Need to Know 

About Medical Records 

From Ownership rights to copying fees, “Setting the 

Record Straight” will help you make sure you’re handling 

these vital documents appropriately and legally. 

Disease Reporting 

Includes lists of reportable diseases, how and where to 

report, confidentiality rules and penalties for failing to 

report. 

Reimbursement 

Act 6: A Crash Course in Auto Accident 

Reimbursement 

A concise run-down of the steps you need to take to get 

appropriately reimbursed for care of patients injured in a 

motor vehicle accident. 

Your Right to Timely Payment Under Act 68 

Provides details of physician’s rights under the Quality and 

Health Care Accountability & Protection Act, including 

provisions for prompt payment of clean claims within 45 

days. 

Collection Protocols for the Medical Practice 

Manage your accounts receivable and prevent them from 

becoming delinquent. “Collection Protocols” includes tips 

on managing accounts and also useful collection techniques. 

Workers’ Compensation: 

The Application for Fee Review Process 

FAQs and sample forms for when you have trouble getting 

paid for workers’ compensation health care services or 

when an insurer is making you wait for payment. 

Practice Management 

Policy and Procedural Manuals/Employee 

Handbooks for Medical Practices 

Use this brief publication to find out the basic information 

that should be included in a comprehensive 

employee handbook for your practice. 

Selecting Computer Hardware 

and Software for Your Medical Practice 

Use this short paper to help you with the process of 

selecting a practice management system for your 

medical practice. 

Setting Up a Practice—Areas to Consider 

For physicians who are considering starting a practice. 

With all there is to consider, you’ll probably miss 

something without a checklist like this. 

Medical Liability 

Arbitration of Medical Liability Claims 

Focuses on private arbitration outside the judicial 

system that takes place if the physician and patient 

have a voluntary agreement to engage in arbitration. 

Medical Professional Liability Insurance Options 

Basic information and definitions for physicians considering 

new as well as traditional medical liability insurance 

options. 

Lawsuit Protection Strategies 

Designed to be an instructional tool for physicians so 

that they can have a more informed discussion with 

their legal and financial advisors. 

Order any of these publications 

by calling (800) 228-7823 

or on the Pennsylvania Medical Society 

Web site store, www.pamedsoc.org/store. 



Medical Records FAQs 

Who owns patient medical records? 

The Pennsylvania health facility 

regulations specifically provide that 

hospital medical records are owned 

by the hospital. Although no Pennsylvania 

statute, regulation or case 

law directly addresses ownership of 

physician office records, the general 

consensus is that the physician office 

records are owned by the physician, 

not by the patient. 

Physicians in Pennsylvania are 

required by state regulation to retain 

medical records for adult patients 

for seven years from the last date of 

service. Medical records for minor 

Which financial and medical records 

should I keep and for how long? 

Document .............. How Long to Save 

Accountant’s financials ........... permanently 

Corporate tax returns .............. permanently 

Insurance records and claims . permanently 

Major legal correspondence .... permanently 

Malpractice insurance policies permanently 

Medical correspondence ......... permanently 

Patient claims .......................... permanently 

X-rays ...................................... permanently 

Cancelled checks ........................ 7 years 

Charge slips and days sheets ..... 7 years 

Expired contracts ......................... 7 years 

Internal year-end financials ......... 7 years 

Payroll records and tax returns ... 7 years 

Purchase invoices ....................... 7 years 

Third-party insurance claims ....... 7 years 

Business correspondence ........... 3 years 

Expired insurance policies .......... 3 years 

Internal monthly summaries ........ 3 years 

Personnel records ....................... 3 years 

Bank statements and reconciliation1 year 

Duplicate deposit slips ................. 1 year 

Check with your accounting 

and/or legal advisers with any 

specific questions. 


patients must be retained until he or 

she turns 19 (MD) or 21 (DO), a 

minimum of seven years. For more 

information on state regulations, 

visit www.pacode.com/secure/data/ 

049/chapter 16/s16.95.html. 

In the case of a physician who is in 

a group practice or employed by a 

hospital or other facility, who owns 

the medical records? 

Physicians who are in a group 

practice or employed by a hospital or 

other facility should address ownership 

of medical records in an applicable 

partnership, employment, or 

other legal agreement. 

Are patients entitled to a copy of 

their medical records? 

Physicians are legally required under 

state and federal law to provide 

patients with access to their medical 

records. Patients must be permitted 

to review and obtain copies of their 

medical records. Medical ethics also 

require that patients be given access 

to their medical records. 

However, in certain situations, it 

may be appropriate for a physician 

to withhold information from a 

patient to protect the patient or a 

third party from harm. These 

situations typically involve patients 

who have received mental health 

treatment. 

Must a physician turn over the 

original medical record to a patient? 

As noted, office medical records 

generally are considered to be the 

property of the physician or group 

practice. As a general rule, patients 

(and their designees) are only entitled 

to review their medical record 

and obtain a copy. However, when 

requested by patients (or their 

representatives) mammography 

facilities must provide original (not 

copied) mammography films. 

Is a subpoena required for patients 

to obtain access to their medical 

records? 

No. However, patients need to sign 

an authorization form and, if the 

patient would like someone other 

than himself or herself to receive a 

copy of the medical record, it should 

be noted on the authorization form. 

When patients request a copy of 

their medical records, must the 

physician turn over records 

forwarded by other providers? 

The Pennsylvania laws and regulations 

say: “Clinical information 

pertaining to the patient which has 

been accumulated by the physician, 

either by himself or through his 

agents, shall be incorporated in the 

patient’s medical record.” That 

includes medical records forwarded 

by another office. Any information 

in the medical record should be 

copied and forwarded to the patient, 

or the physician may face disciplinary 

action, not only at the state level, 

but the federal level under HIPAA. 

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 

This infomation is from the Pennsylvania 

Medical Society’s website (www.pamedsoc.org). 

Our thanks to PAMED for permission to use it 

in this Special Report. 

177

CLASSIFIEDS 

HELP WANTED 

PHYSICIAN with active/or can 

activate PA license, any specialty. 

Work 4-16 hours/ 

monthly. Malpractice insurance 

provided. Ideal for retired physician. 

PITTSBURGH FAM- 

ILY PRACTICE. 412-734- 

1100. 

FULL/PART-TIME Primary 

Care Physician that is Board 

Certified or eligible for Family 

Practice/Urgent Care Center in 

the South Hills. Send CV to 

Physician Search, 1691 Washington 

Rd., Pittsburgh PA 

15228 or e-mail medihelp84@ 

gmail.com. 

EMERGENCY MEDICINE: 

Unique opportunity for BE/BC 

ED physician. Loan repayment 

on all medical loans, potential 

signing bonus for right individual. 

12-hour shifts, 1926 

work hours, low volume, work 

156 days per year. $300,000 

guaranteed, plus generous benefits. 

1 hour from Monroeville. 

For complete information in 

confidence, please contact 

sternd@danielstern.com or call 

412-720-0642. (Prefer ABEM, 

but may consider highly experienced 

ED physician.) 

PHYSICIANS and Physician 

Assistants/Nurse Practitioners 

needed for our Pittsburgh 

MEPS facility. Healthcare providers 

will perform physical examinations, 

evaluations & profiling 

of applicants to enter 

military. Must be: MD/DO or 

PA/NP, able to work 2-3 times 

a week in the a.m., have a current/unrestricted 

license, 

ECFMG if foreign trained, and 

BLS for HCPs. Send resume to 

lflores-graham@cprent.net or 

contact Linda Flores-Graham at 

877-267-3728, ext 208. 

FOR LEASE 

MEDICAL/OFFICE SPACE up 

to 1600 square feet, ample offstreet 

parking: Mt. Royal Blvd. 

Will remodel to suit. Contact 

Geoff Smathers, Century 21 Real 

Estate. 412-491-5333. 

FOR RENT 

TWO MEDICAL OFFICES, 

newly renovated. Prime location, 

Moon Township, 960 Beaver 

Grade Road. Approximately 

2,000 sq. ft., private street level 

parking, two entrances. Includes 

three exam rooms, waiting room, 

nurse’s reception room, 

physician’s private office, laboratory, 

kitchen, and two restrooms; 

all furnished, ready to move in. 

Security system in place. Some 

utilities included. Two similar offices 

in same building, separate 

parking lots. Call 412-922-3333. 

Call (412) 321-5030 

today and 

place your ad here! 



Box Replies: 

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Pittsburgh PA 15212 

The medical society appreciates 

and depends on its advertisers. 

Please remember to tell them 

you saw their ad in the Bulletin. 

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Offering financial strength, superior customer service and litigation protection to our 

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There are many choices, but there’s only one 

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For additional information, please contact Lisa Klinger, CISR, Sales 

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Exclusively sponsored by the 

ALLEGHENY COUNTY MEDICAL SOCIETY 

179

Malachy Whalen & Co., Inc. 

Visit www.malachy.com 

(412) 281-4050 

(800) 343-5382 

FAX (412) 261-5955 

Why should you call us for insurance???? 

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♦ Low Cost: NO HASSLE! 

We have low-cost term insurance that are the same 

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♦ Easy Application Process: NO HASSLE! 

Just complete and e-mail a simple request form and 

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We specialize in helping physicians with health 

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♦ Great Service: NO HASSLE! 

We offer personal consultations and we make house 

calls at your request—with NO pressure. 

www.malachy.com 

Your ACMS 

“No Hassle” 

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endorsed by 

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Medical Society 

Peggy McNamee 

180 peggymc@malachy.com 

Bulletin : April 2011

Bulletin 11apr - Allegheny County Medical Society

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