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Celebrating Massachusetts’ top

professionals in promoting safety,


;uality and risk management
in health care

Rx for Excellence Awards Ceremony and Breakfast


Friday, September , 010 E TheWestin Copley Place E 7 30 - 9 30 AM
Platinum Sponsor

Please Join Us
Awards Ceremony and Breakfast
Gold Sponsors September 24, 2010
7:30 - 9:30 AM
The Westin Copley Place
10 Huntington Avenue, Boston

Tickets: $75 each, $1000 for a Table Sponsorship

To purchase tickets or sponsor a table, please contact


Melissa Mitchell at melissa.mitchell@lawyersweekly.com
or 617-218-8213.

Silver Sponsors

For more information or to register online,


go to www.mamedicallaw.com.

A portion of the proceeds from ticket sales will go to

Presented by: In Partnership with:


MASSACHUSETTS
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-3

The Heroes from the Field


are the unsung heroes of their professions, those who lead by example and
demonstrate the highest quality of work in their field, often without fanfare.

months.Also we exceed state average on the


Kathy Berry, RN majority of required hospital quality measures Who is your role model and why? Corey E. Collins, DO, FAAP
Director of Performance Improvement as reported by Hospital Compare for the My parents,who came to this country as Director of Pediatric Anesthesiology
Marlborough Hospital fourth quarter of 2009. immigrants from Ireland so that they could Massachusetts Eye and Ear Infirmary
give their children better opportunities.They
Why do you do what you do? faced much adversity but persevered through
“I have seen the hard work and ingenuity.
“Each day that
I developed a passion for patients and their
difference when families through my experiences as a nurse
I work as a
the whole team and personally with my family.I have seen the Given the recent passage of the new health care reform physician reminds
law, what do you consider the biggest challenge facing
comes together difference when the whole team comes to-
doctors and the health care industry today? me of the
to improve gether to improve quality and safety for pa- importance of
Reimbursement for hospitals and doctors
tients.
quality and safety to provide necessary care.There are not my decision to
for patients.” enough doctors so that every patient can have enter medicine.”
What is your proudest achievement?
preventive care and follow-up appointments
In 2009 I received the Betsy Lehman Award as needed for health concerns.
for Patient Safety.I’m especially proud to bring
Outside/Community Activities: this honor to our small community hospital.It What would be your dream job (other than your current Outside/Community Activities:
• Co-chair,Marlborough Hospital Heart Walk, is good for the community to know that great one)? • MedicalVolunteer,Interplast
American Heart Association care is right in their backyard. If I could not do this job,I would want to be • Massachusetts Medical Society
• Marlborough and Northborough I’m an instructor for trauma/pediatric emer- a starter on the golf course in Myrtle Beach. • Fellow,American Academy of Pediatrics
food drives gency department nursing courses.As an in- My dream job would be less paperwork • American Society of Anesthesiologists
• Coordinated toy/clothing drive to benefit structor I was able to bring free courses to staff and to spend more time with patients to make • Massachusetts Society of Anesthesiologists
Marlborough Families. so they would have the knowledge and skill to sure they have the information they need to • Wilderness Medical Society
• Safe Summer Fun Day,to give free helmets to give the best care to these patients.We were be discharged home.
children and other tips for summer safety able to hold classes at Marlborough Hospital Tell us about what you do.
and achieved education for over 90 percent of I participate in a complex,challenging,but
Tell us about what you do. our staff. very rewarding pediatric airway reconstruc-
I bring together all members of the health tion service and ophthalmic practice at a ter-
care team to work together to use the most What is the biggest obstacle you have had to overcome?
www.mamedicallaw.com tiary referral center in Boston.
successful methods to improve patient care It is challenging for all hospitals to meet the Using an intense team-based and patient-
and safety at Marlborough Hospital. administrative burden of reporting so much focused model for care delivery,we deliver the
As a result of these efforts,we have data in different formats to so many organiza- highest quality of medical care to children of
achieved zero central line infections in 17 tions. all ages.

MASSACHUSETTS GENER AL HOSP ITAL


WOULD LIKE TO CON GRAT UL AT E

The Honorees of the


2010 Rx for Excellence
Medical Awards Event

massgeneral.org | 617-726-2000
Page B-4 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Heroes from the Field


In addition,I am focused on systemic im- ment house roots, is the ideal job for me. It
provement initiatives at our institution direct- Rushika Michele M. Garvin, Esq. combines my skills in creative business
ed at increasing the quality of our pediatric management with my education and the
care while improving efficiency and optimiz- Fernandopulle, MD Partner
Ropes & Gray values that were instilled in me by my par-
ing patient and family satisfaction. Co-Founder ents.
Renaissance Health “Being a health
Why do you do what you do? What is your proudest achievement?
The inherent personal and professional re- care lawyer is Garvi: Earning the respect of my peers and
wards that come from the medical care of “I believe we need
special in that my clients.
children pale next to the satisfaction of serv- to innovate our
ing on such an excellent team of nurses,sur-
health care touches
models of care Abrams: My proudest achievement has
geons,staff and administrators. everyone’s life in been the increased access to high quality
From the top down,MEEI is committed to
delivery if we want a personal manner.” care that we have provided to our community
meet every patient’s needs and this is no more to help both over the years that I have been with Dot
evident that in our approach to children.As ourselves, as House.This has been achieved through
we all dedicate ourselves each day to this mis- healthy financial performance and consistent
physicians, and our
sion,the truest reward is knowing that I am cash growth that has fed our financial re-
part of something so unique and important. patients.” serves.

What is your proudest achievement? Outside and Community Activities:


Joel Abrams All this has occurred during some to the
CEO most trying economic times. Healthy bottom
Each day that I work as a physician re- • Premedical Advisor,Harvard College lines and reserves have enabled us to attract
Dorchester House Multi-Service Center
minds me of the importance of my decision • Fidelity Biosciences Fellow or contribute our own capital for facilities
to enter medicine. • Albert Schweitzer Fellowship and services expansion, to subsidize unprof-
As proud as I may be with certain honors “The leadership
itable services and to attract and retain tal-
or positions,nothing compares to the austere Tell us about what you do. of a community ented personnel, including highly skilled
and sober responsibility I assume with each health center that
For the past six years,we have been build- medical providers.
child entrusted to my care – especially at
times of critical illness or vulnerability.As a ing new models of primary care,aimed at rad- began as a
What is the biggest obstacle you have had to overcome?
parent of three,I am most proud of the skills ically improving the patient and physician ex- settlement house, Garvin: Finding enough time to do every-
and trust I have earned as a pediatric anesthe- perience,clinical outcomes and affordability and that maintains
siologist. thing well.
of care.
many of its
What is the biggest obstacle you have had to overcome? settlement house Abrams: We operate in a highly competitive
Why do you do what you do? environment. Our health center is one of 56 in
Entrance into medical school was hard for roots, is the ideal job for me.”
me.I was always close but for three applica- I believe we need to innovate our models the state and 26 in Boston.
tion cycles,I received the same responses of care delivery if we want to help both our- One of our biggest challenges is getting the
Tell us about what you do.
from admission deans and the same rejection selves,as physicians,and our patients. word out about how extraordinary we are.
Garvin: I am a health care generalist, Once people get to know us they see us as
letters.
With perseverance and mentorship,I which is the legal equivalent of a primary one of the best kept secrets.
What is your proudest achievement?
gained admission to a fantastic education and care provider. I provide general legal and That may be a compliment but it is an
Other than my three fabulous daughters, regulatory compliance advice, affiliation
after many years of work and family support, obstacle as well.The better known we are
my proudest achievement is starting my own and transaction counsel, network and
achieved all my goals. the easier it will be for us to attract donors,
practice based on a new model of care,and physician integration, managed care and foundation grants and other sources of rev-
Who is your role model and why? proving it can work. accountable care organization counsel for enue, thereby complementing the revenues
My role model has always been my father,a a variety of health care clients. we receive through health care reimburse-
What is the biggest obstacle you have had to overcome? My clients include academic medical cen- ment.
Irish immigrant who never completed the
Resistance to change has been the biggest ters, community hospitals, physician group Our DotWell partnership has been a great
fourth grade,but a man imbued with self-re-
obstacle.We got a lot of opposition here for practices, health plans and pharmaceutical help in these areas and is also highly regard-
spect,dignity,honor and courage that has in-
our first practice in Arlington – accused of manufacturers. ed. However, it has engendered a lot of work
spired me to trust in myself,value my family,re-
spect all and never forget the importance of “raising expectations”and“upsetting the sta- to bring the cultures of our two organizations
Abrams: I am the President and CEO of together in a true partnership and this has af-
life and joy. tus quo”– which was exactly what we were
Dorchester House Multi-Service Center.“Dot fected all levels within Dorchester House and
trying to do.
Given the recent passage of the new health care reform House” as it known in our community is locat- Codman Square Health Center.
law, what do you consider the biggest challenge facing Who is your role model and why? ed in the Fields Corner neighborhood of
Dorchester. Who is your role model and why?
doctors and the health care industry today? I have many role models – one is Don
Dot House houses a community health Garvin: I have had many role models dur-
Electronic medical data systems must Berwick,who has been a voice for improving
center that serves over 20,000 patients and ing different stages of my life but it all starts
quickly meet the needs of the American pa- care for over 20 years. generates over 115,000 visits per year in pri- with my parents,who believed in education,
tient.Only with technology that eliminates un- Another role model is Dr.Paul Farmer from mary care as well as in oral health, eye care, hard work and never walking away from a
necessary communication errors,improves
Partners Health who dared to break some behavioral health and a variety of support challenge out of fear of failure.
dissemination of critical information between
rules to radically improve care for some of the services.
providers and protects the privacy of the pa-
poorest patients on the planet. We also provide case management to our Abrams: My mom and dad are undoubt-
tient,while decreasing barriers to timely re-
many families and offer a range of public edly my role models. My father was able to at-
sponse to patient needs can our system ma-
Given the recent passage of the new health care reform health and non-clinical services though our tend law school without going to college and
ture into a dynamic,effective and efficient one. gym, swimming pool and teen center. Many
law, what do you consider the biggest challenge facing eventually became a New York State Su-
doctors and the health care industry today? services such as the legal clinic use the clini- preme Court Judge. He was one of the most
What would be your dream job (other than your current cal setting to connect patients to other need-
Figuring out how to deliver better,more per- highly regarded judges on the bench and in-
one)? ed care.
sonal care at a lower cost. deed one of the most highly regarded public
I would love to work at the Brookings Insti- Through DotWell, our partnership with the
servants in Brooklyn.
tute or the Institute for Healthcare Improve- Codman Square Health Center, we have been
What would be your dream job (other than your current My mom will be 93 in November. She lives
ment after completion of a doctorate in Social able to add and expand services, including fi-
one)? on her own and continues to be active in her
Policy at Brandeis University. nancial literacy and earned income tax clin-
Running the new Innovation Center at the local Democratic club as well as other social
As an academic prepared to drive the so- ics, to a wider geographical area.
Centers for Medicare & Medicaid Services. During my 23 years in this position, I have settings.Along with my dad, she demonstrated
cial science of innovation and improvement
It’s a job that has real promise to substan- been able to lead a significant growth in our that life can and should be lived with grace
toward better,safer and more effective health
tially change care (if they have the guts and consumer base and to oversee the expansion and compassion for others.
care delivery,I would commit myself as an ad-
skill to actually innovate). of our services while maintaining a healthy She stood for civil rights long before that
vocate for political and social solutions to
bottom line. became a common term and taught my
worldwide health improvement.
What is one thing people don’t know about you? brothers and me valuable lessons about toler-
What is one thing people don’t know about you? I love traveling,and have been to all 50 Why do you do what you do? ance for and celebration of differences. Un-
Garvin: I love being a lawyer and helping doubtedly my progressive politics and the pro-
I have climbed Mount Washington 10 times states,50 different countries,and six out of sev-
clients solve problems of strategic or business fession I chose for my life was influenced by
in winter. en continents (just Antarctica left!).
critical importance to them. It is fun, challeng- my parents – who also taught me to be the
ing and always an opportunity to learn new parent I became.
skills.
Earn CME credits. Being a health care lawyer is special in that
health care touches everyone’s life in a per-
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
sonal manner. doctors and the health care industry today?
To find more CME activities, Abrams: The leadership of a community
Garvin: It is hard to keep the human experi-
ence in the forefront of decision-making while
go to mamedicallaw.com/cme health center that began as a settlement
house, and that maintains many of its settle-
managing the complexity of rules, regulations
and administrative requirements in a time of
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-5

Heroes from the Field


extremely constrained health care dollars. Abrams: Most people don’t know that I love that one of every 10 admissions to a commu- The program was extremely successful and
scuba diving. nity hospital in MA resulted in a preventable has been recognized as a model.What I have
Abrams: The biggest challenge will be to adverse drug event.The study included a fi- done for CPOE can be transferred to electronic
overcome the political posturing that has ac- nancial analysis along with the clinical find- health records or any other clinical IT initiative.
companied the new law.This has fed a diffuse ings and the outcome resulted in two major
anger and misperception that big government policy announcements. What is the biggest obstacle you have had to overcome?
will take over people’s health care. So accep- One of the biggest obstacles was convinc-
tance will be the first challenge. ing physicians that they should attend the
The real challenge is how coverage will be Bethany M. Gilboard Why do you do what you do?
I love knowing that what I do can improve CPOE University, and more importantly con-
financed and how care will be organized to Director of Health Technologies lives, and the quality and safety of health care vincing hospital executives that they need to
allow for whatever dollars are in the system to Massachusetts Technology Collaborative delivery. identify a physician champion and not solely
be used effectively and efficiently. Simple fixes I learned several years ago that clinical rely on the hospital CIO to lead a clinical
can damage the system, whether such dam- “I love knowing technology with robust clinical decision sup- transformation initiative.
age hits providers, patients, businesses or tax- port would transform the way health care is Finding physicians in community hospitals
payers. that what I do who have the time and interest to devote to
provided.Whether it is the adoption of elec-
Likewise, inadequate financing will pro- can improve tronic health records or CPOE or some other this project was exceptionally challenging.
duce more of what we have today, including lives, and the cool technology,I knew that I wanted to be in This was particularly true for hospitals that did
inadequate coverage. Overly-complex systems quality and safety the epicenter of transforming the way health not employ hospitalists.
can also be damaging and the closer we can care is delivered.
move toward single payer principles, the more
of health care
I am very fortunate to be working in the or- Who is your role model and why?
money can be saved in costly and onerous delivery.” ganization that is the recipient of federal fund- I don’t know if I have any one role model.
administrative processes and the more can be ing to help support technology adoption. Each position that I have held has taught me a
spent on vital services. little bit more about myself.
Outside/Community Activities:
What would be your dream job (other than your current • Active Alumni interviewer, University of What is your proudest achievement?
Given the recent passage of the new health care reform
one)? Rochester My proudest achievement is creating CPOE law, what do you consider the biggest challenge facing
Garvin: I think it would be really fun being • Temple Emanuel Programs University. doctors and the health care industry today?
a reviewer for the Michelin Guide. I saw a lack of physician leadership in com- I think that reengineering a practice and
Give a description of your practice and what you have munity hospitals and wanted to create a pro- changing the culture and attitude of an office-
Abrams: I love music and would love to be accomplished. gram that would benefit and attract communi- based physician is challenging.
a musician. Ideally, I would be a (famous and Four years ago I was given the opportunity ty based physicians. I understood how critical I also don’t believe that physicians fully un-
adored) folk song writer and performer. to project manage a research project that physician engagement was for CPOE to be derstand the long term benefits to their prac-
would study the impact of Computerized successful. I created a program to engage tice in terms of efficiency, patient satisfaction
What is one thing people don’t know about you? Physician Order Entry (CPOE) in community physicians and their peers so that they could and improved quality of care.The financial in-
Garvin: I was a military brat growing up hospitals. have a more effective working relationship centives are only a teaser and should not be
and lived all over. The study and its outcome demonstrated with hospital executives. the sole reason for adopting technology.

&
Congratulations to
2010 Rx for Excellence Honorees

Michele M. Garvin, Esq.


Ropes & Gray
Joel Abrams
Dorchester House

Your work in providing legal guidance to those who need it most is inspiring.
The future of Medical-Legal Partnership | Boston is in good hands.

©2010 Ropes & Gray LLP


Page B-6 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Heroes from the Field


coach at Penn State for 44 years. He is a hands- doctors and the health care industry today? ters in a way that makes these issues more
Ellen Hafer, MBA, MTS on manager who sets high performance stan- Doctors are going to have to do more and readily accessible to a broad audience.
Executive Vice President and COO dards and puts his heart into his work and com- get paid less. It is very much the shape of Thanks in part to the blog as my platform, I
Massachusetts League of Community Health Centers mitment to excellence toward reaching the things to come. It is an obstacle that has to be am recognized as an expert source by main-
goals of the organization and in how they treat accepted, and managed as much as possible. stream and niche media locally and national-
people and staff. He is loyal to his organization For busier physicians like myself,the hit is some- ly, and speak regularly at conferences on
“I am personally and the people with whom he works. what less as we have a large pool of patients to see. health care law and policy issues.
motivated by a I also regularly host “blog carnivals,” or an-
Given the recent passage of the new health care reform My concern is that quantity will replace quality.
wonderful community thologies of blogs, in the legal, medical and
law, what do you consider the biggest challenge facing
of colleagues who What would be your dream job (other than your current health policy fields, digesting the wisdom of
doctors and the health care industry today?
the blogosphere and presenting it in an enter-
share a common To meet the challenge to manage care and one)?
taining and usable manner.
vision and trust in deploy resources while developing increased To have the money and independence to
access to information about effectiveness of in- be a one-on-one teacher for my son.
each other.” dividual care and systems of care, and to in-
What is the biggest obstacle you have had to overcome?
Some would say that being a New Yorker in the
crease our understanding of how to impact and
achieve healthier lifestyles for patients and max- midst of Red Sox Nation is a special challenge.I
Outside/Community Activities: imize preventive health care information. would say that the biggest obstacle is being a law-
• Treasurer, Maria Droste Counseling Services yer,or rather,of encountering people who have a
limited perspective on the role of a lawyer.
• Massachusetts eHealth Collaborative
• Massachusetts Coalition of School-Based
What would be your dream job (other than your current
one)? David Harlow, Esq. I’m a New Yorker, but was never a Yankees
Health Centers I would love to run an organization that Principal fan; I’m a lawyer, but I strive to avoid the
would support healthier individual and com- The Harlow Group stereotype of conservative, obstructionist
Tell us about what you do. munity lifestyles by enhancing the sharing of naysayer. My most successful client relation-
I have served as a board member and man- knowledge and tools for improving life strate- ships are based on an understanding of my
ager working with community health centers gies and quality of life goals.
“My blog has given role as counselor and partner.
for 38 years to expand access to community me a platform to
based health care. I have always worked and What is one thing people don’t know about you? Given the recent passage of the new health care reform
explain, and expound law, what do you consider the biggest challenge facing
been a part of community-based boards of di- My family’s roots on both my mother and
rectors trying to bring a community- and pa- father’s sides go back to the 1600’s,to two vil-
upon, health care law doctors and the health care industry today?
tient-focused design to health care services. lages on a small island in the Caribbean and policy matters in The trick is figuring out how to do more
I have been fortunate to serve as a volunteer called Saba. I am Saban. On October 10, 2010, with less; this may require significant, and
and in work that has allowed me to work with oth-
a way that makes speedy, reorganization of the status quo.
my father’s birth date,Saba will become a mu-
ers to pursue social equity in the delivery and de- nicipality within the Netherlands “empire.”
these issues more The polarization of the health care reform de-
sign of health care systems.In my current role,I am readily accessible to bate has led to an understanding of the realloca-
able to combine my interests in technology and fi- tion of health care resources as being a zero
nancial management with a commitment to pur-
a broad audience.” sum game.The biggest challenge before us is to
sue the best resources for community health cen- redirect that discussion to an examination – and
ters to provide high quality patient and communi- Outside/Community Activities: implementation – of incentives at the payor,
ty responsive care using improved access to data provider and patient levels that can yield mean-
and information management systems. Soheil A. Hanjani, MD • Board of the Metropolitan Boston Emer-
gency Medical Services Council ingful improvements to quality of care and
Supervising Obstetrician-Gynecologist • Board of the New England School of health status and reductions of overall costs.
Why do you do what you do? Brockton Neighborhood Health Center Acupuncture Faculty
I developed a strong commitment to com- Chair, Department of Obstetrics & Gynecology • Editorial Committee Co-Chair, Massachusetts
munity organizing, empowerment and devel- Caritas Good Samaritan Medical Center Bar Association Wiki Project
opment in the mid 1960’s.
• American Health Lawyers Association
On a daily basis I am motivated by my mem-
ories and current work with colleagues and
“Knowing that you Ellen L. Janos, Esq.
have helped another Tell us about what you do. Attorney
boards that are driven to empower the lives of
I help health care providers and other orga- Mintz Levin
others through providing care with respect. I am human being, and
nizations of all shapes and sizes navigate the
also committed to do what we do efficiently made a difference in maze of regulatory and business issues facing
and effectively so we can support the other
[his or her] life – them on a daily basis.
“I get tremendous
needs for housing and educational access. satisfaction from
I am personally motivated by a wonderful especially in their I like to say that I practice preventive law;
community of colleagues who share a com- moment of greatest that approach to law complements my con- helping clients deal
sulting practice, which focuses on assisting with problems, big
mon vision and trust in each other. I have also weakness and health care provider organizations with their
seen exploitive industries’ and inadequate and small.”
health care systems’ impact on the life ex- vulnerability – is incredibly satisfying.” internal strategies and in developing new par-
adigms for collaboration – with other
pectancy of a family member.
Tell us about what you do. providers, with payer organizations or with the
I believe that a care system that integrates be-
I have provided OB-GYN care to the indigent ultimate payers for their services: patients.
havioral health and primary care and technology
population of Brockton and surrounding com- I have been an early adopter and active
to use information across providers is essential to
munities for 15 years. I am a general obstetri- user of social media – blogging and tweeting
add value to the lives of all of us and keep fami- Outside/Community Activities:
cian-gynecologist, with a special interest in la- at HealthBlawg – and am recognized as an ex-
lies and friends together for as long as possible. pert in the use of social media in the legal, • Board Member,Wediko Children’s Services
paroscopy and hysteroscopy, including robot-
ics, and routine and high-risk obstetrics. health care and pharmaceutical markets.
What is your proudest achievement? Tell us about what you do.
I draw on over 20 years of public and private
Working with the board and staff of the com- Why do you do what you do? sector experience – including a stint as Deputy I have a general health law practice with a
munity health center I managed for 17 years to ex- General Counsel at the Massachusetts Department focus on regulatory compliance. My clients
It’s the only thing I have always wanted to
pand from two sites to five sites, to expand to of Public Health – in my law and policy practice. range from traditional health care providers,
do. In a field with a lot of stress and difficulty I
serve a diverse population and to grow from pro- such as hospitals, nursing homes and pharma-
still manage to enjoy the craft and make pa-
viding just over 10,000 visits to 50,000 visits, from Why do you do what you do? cies,to companies that offer alternative ap-
tients happier and healthier.
proaches to the delivery of care.
serving 3,000 patients to 13,000, while enabling There’s an obvious pleasure and appreciation Health care is a vital service, and wrestling
people to collaborate to achieve these goals. from patients, who clearly feel that I have helped with the issues it raises – be they legal, ethical, Why do you do what you do?
them. Knowing that you have helped another hu- organizational, strategic, financial or others – is
I get tremendous satisfaction from helping
What is the biggest obstacle you have had to overcome? man being, and made a difference in [his or her] both intellectually stimulating and emotional- clients deal with problems, big and small. I es-
Growing a community health center without life – especially in their moment of greatest weak- ly gratifying. pecially enjoy helping clients work though the
adequate financial resources and having to take ness and vulnerability – is incredibly satisfying. Achieving a successful resolution of a poli- complex state and federal regulatory issues
financial risk to achieve needed growth. It leads some physicians to get a God-like com- cy, legal or business issue can have a positive that have become as much a part of our
plex, while to some of us it is just very humbling. impact on the quality and cost-effectiveness of health care system as care itself.
Who is your role model and why? health care delivered to individuals and on
I really have two people. One is a woman I What is your proudest achievement? the health status of populations. What is your proudest achievement?
worked for in college who ran a sandwich shop It may be rather boring, but it’s a combina- Professionally – my two cases before the
with her husband.They worked very hard every tion of achieving proficiency and some de- What is your proudest achievement? U.S. Supreme Court.
day, were fair to employees and used the talents gree of excellence at work, while managing a On a personal level, I am enormously My proudest personal achievement is rais-
people brought to the team.They gave people a family life, and having a great relationship with proud of my three children, and of my wife, an ing my two daughters, who have become re-
break, a chance and an opportunity to work. my wife and four children. accomplished professional and my partner in markable young women.
When the husband died unexpectedly, the raising our family.
wife couldn’t keep up the business and in- What is the biggest obstacle you have had to overcome? On a professional level, I am proud of the What is the biggest obstacle you have had to overcome?
stead worked for five years in a factory to pay Care of my autistic son, who also is my role impact I have made with my blog. Health- I have met many challenges throughout my 33
off a loan they had previously used to cover model. Blawg is widely known both as a leading year career but, fortunately, no obstacles.
the summer salaries. health care blog, and as a leading law blog. It
For the bigger picture of managing,I most ad- Given the recent passage of the new health care reform has given me a platform to explain, and ex- Who is your role model and why?
mire and follow Joe Paterno in his role as head law, what do you consider the biggest challenge facing pound upon, health care law and policy mat- My partner and friend, Steve Weiner. Steve is
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-7

Heroes from the Field


a creative, strategic, hardworking lawyer who Outside/Community Activities: What would be your dream job (other than your current Over the past year, we have built reporting
has the earned the respect and trust of his • President, Howard Gottlieb Archival Re- one)? structures to monitor our progress in imple-
clients, his partners and even his adversaries. search Center Board of Trustees, Boston Uni- To be conductor of a symphony orchestra. menting safety and quality programs for our
versity inpatients and outpatients.We have strength-
Given the recent passage of the new health care reform • Chairman, Cardinal’s Lawn Committee, What is one thing people don’t know about you? ened communication between providers and
law, what do you consider the biggest challenge facing Blessed John XXIII National Seminary I would love to learn to play the harp. patients and have focused on reducing un-
doctors and the health care industry today? necessary variation and increasing efficiency
• Algonquin Club Knight of the Equestrian Or-
The challenges have remained the same through the use of our electronic health
der of the Holy Sepulcher
for a very long time: providing high quality, record systems.
cost-effective care. Tell us about what you do.
I work in private practice in the field of dia- Why do you do what you do?
What would be your dream job (other than your current
one)? betes, endocrinology and internal medicine.
I have provided 33 years of clinical care to
Inga T. Lennes, MD Medical care can be very complicated and
I enjoy taking a step back to look at the sys-
I would love to be the CEO of a hospital. Director of Clinical Quality
patients and clinical teaching of second, third tems in place that can work for us or work
Massachusetts General Hospital Cancer Center
What is one thing people don’t know about you? and fourth year medical students as well as in- against us.
My middle name is Lucky. terns/residents in training. So much of medicine is one-on-one with
“To ensure high patients and that sustains me, but I have real-
Why do you do what you do? quality care for all ized that to ensure high quality care for all of
I love the clinical practice of medicine and of our patients, we our patients, we need to combine one-on-one
interacting with and caring for patients. personal care and commitment to a global
need to combine and systems-based approach to care. My job is
one-on-one personal
John LaRossa, MD What is your proudest achievement?
Raising our son and contributing to his suc- care and commitment
very rewarding in all of its facets.

Endocrinologist/Diabetologist cess, and helping patients get well are my with a global and What is your proudest achievement?
Newton-Wellesley Hospital proudest achievements. Always, my proudest achievement is the
systems-based care I provide my patients. I am a lung cancer
“I love the clinical What is the biggest obstacle you have had to overcome? approach to care.” specialist.
To continue to keep abreast of rapidly chang- Unfortunately, most of my patients have a
practice of medicine Tell us about what you do. difficult battle with their disease and most of
ing knowledge in the many fields of medicine
and interacting with The Director of Clinical Quality is a new po- them die of lung cancer. I am most proud of
and caring for Given the recent passage of the new health care reform sition at the MGH Cancer Center and since my work when my patients feel well cared for.
patients.” law, what do you consider the biggest challenge facing starting here in this role, my goals have been
doctors and the health care industry today? to establish a well-recognized quality program What is the biggest obstacle you have had to overcome?
The biggest challenge will be continuing to at the cancer center that draws on evidence In my position as the Director of Quality, the
deliver the highest level and most personal and consensus based guidelines for the high- biggest obstacle has been implementing sys-
care possible to patients in need. est quality cancer care. tems of measurement using metrics that are

8<(30;@‹*647(::065‹*644<50;@

Evan Benjamin, MD

Rx for Excellence
Baystate Health congratulates Dr. Evan Benjamin
for being recognized with an Rx for Excellence We are pleased to congratulate our colleague
Award. We appreciate his dedication to advance
Ellen L. Janos
health care quality in western Massachusetts and
for being recognized as a
4.875 x 8

across our nation. 2010 Rx for Excellence Hero from the Field

Baystate is proud to be nationally-recognized


Mintz Levin’s Health Law Practice provides practical, strategic advice
as a leader in clinical quality, patient safety, to health care clients facing complex and sensitive regulatory, litigation,
MedLaw Report

and transactional matters. Our attorneys are working hard to be


patient-centered care and satisfaction. your health law heroes.

www.mintz.com
Baystate Health

Information contained herein may be considered attorney advertising. Prior results do not guarantee a similar outcome. 0550

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Boston | London | Los Angeles | New York | Palo Alto | San Diego | Stamford | Washington
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1007817_Benjamin.indd 1 8/5/10 7:53:30 AM
Page B-8 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Heroes from the Field


useful and valid. patients). sionally and personally. During that time, I trailed any doctor who
It is difficult to improve quality if you can’t I am hoping to dovetail this service with a Teaching future nurses is a challenge, but would let me, spending afternoons in the pedi-
measure it accurately and it can take quite a geriatrics service line. there is no greater feeling than to watch a stu- atric outpatient clinic or the high-stakes
lot of resources to develop the reporting capa- dent grow into their own. Clinical is a way for neonatal intensive care unit and nights in the
bility to reliably measure clinical quality. Why do you do what you do? me to give back to my profession. I work with pediatric emergency room.
My father had a career-ending hemorrhagic great faculty and nursing staff at many differ- In between patients or over rushed lunch
Who is your role model and why? stroke at the age of 49 and even though he sur- ent facilities that are committed to nursing ex- in the cafeteria, I would ask the doctors to tell
I have several great role models. Immediate- vived this catastrophic event, he underwent a cellence. me their greatest dreams for their patients.
ly, Don Berwick at the Institute for Healthcare dramatic personality change from the brain They would chuckle at the naiveté of the
Improvement comes to mind. I heard him injury. What is your proudest achievement? question, but then grow serious:“Every day, I
speak about five years ago and his remarks I realized then that the number of medical My proudest achievement was fulfilling my have patients with ear infections or asthma ex-
providers who were trained to diagnose and lifelong dream of graduating from law school acerbations. I prescribe antibiotics or an inhaler
left tire tracks on my brain and began my in-
treat these neuropsychiatric syndromes was and passing the bar. refill, but I know there is no food at home or that
terest in rebuilding medicine,focusing on the
limited. I also believe that the future of psychi- their family is living in car.And I don’t ask about
systems in place to support high quality care. What is the biggest obstacle you have had to overcome?
atry is at the interface between medicine, it, because what am I going to do, with patients
Other role models are Paul Levy and Dr. surgery and their specialties and subspecial- The biggest obstacle I had to overcome was piling up in the waiting room and no idea how
Mark Zeidel at BIDMC. I trained with Dr. Zeidel ties and that the battleground will be in the working full-time nights and attending gradu- to find them what they need?”
and I respect and admire his ability to weave general hospital. ate school during the days while raising my Sometimes the guilt would get the best of
quality and safety improvement training (as son as a divorced parent. them:“If I can, I give the family $20 out of my
well as systems-thinking) into a medical resi- What is your proudest achievement? wallet.”At the end of my six months, I under-
dency training program. My three sons. Who is your role model and why? stood that breaking this link between poverty
My role model is Karen Teeley, MSN, who is and poor health would be the hardest thing to
Given the recent passage of the new health care reform What is the biggest obstacle you have had to overcome? a nursing professor at Simmons College. Karen do, but also the thing most worth working for.
law, what do you consider the biggest challenge facing Getting started in medicine in this country. is the consummate professional; she has a
doctors and the health care industry today? welcoming, positive energy about her. She What is your proudest achievement?
I think the biggest challenge will be defin- Who is your role model and why? strives to improve her course every semester Project HEALTH has demonstrated that in-
ing quality care, implementing ways to mea- I consider myself blessed to have had many through student feedback. She is supportive, novation within the complicated and expen-
superb,selfless teachers and mentors. In terms encouraging, and always available. sive health care sector is possible.
sure it and then changing the culture of medi-
of a singular role model, my father instilled a By mobilizing a corps of tenacious under-
cine so that all practitioners are accustomed What would be your dream job (other than your current
sense of decency and fairness in me.
to receiving reports regarding the quality of one)? graduate volunteers to connect low-income
care they are providing. Given the recent passage of the new health care reform My dream job would be to be appointed as patients with the resources they need to be
More care will be reimbursed based on law, what do you consider the biggest challenge facing the“National Nurse,”a job that does not exist yet, healthy, Project HEALTH increases the capaci-
outcomes measured. In cancer care, I think we doctors and the health care industry today? but will hopefully be created to encourage vol- ty of clinics to address these needs in an af-
will see more reward for implementing the Too many non-clinicians are making deci- unteering and empower nurses to advocate for fordable, effective manner – and demonstrates
process or structure of quality cancer care. sions that will have profound impact on the improvement of community health and safety. the opportunity to leverage a vast workforce
Overall, I think doctors are torn between care of millions. From the front lines, I envision of lay people, such as college students, to pro-
wanting to do the best that they can for the a superficially political “fix”that would raise vide this much-needed infrastructure within
the veneer of “coverage” but wouldn’t address the medical system itself.
patient in front of them and also weighing
the issue of access. In the realm of global health, there has long
economic implications of treatment deci-
sions. I think doctors will need to be very been a clear understanding that adequate
proactive in defining the standards of quality
What would be your dream job (other than your current
one)? Rebecca Onie housing, food security and basic utilities are
care for ourselves. To return to a teaching post in Boston. Co-Founder and CEO essential to good health. In the U.S., however,
Project HEALTH much of the focus on health disparities – as
What is one thing people don’t know about you? evidenced by the current health reform de-
I grew up in rural Minnesota. “I understood bate – surrounds access and cost, rather than
that breaking the social determinants.

link between
Deanne C. Munroe, poverty and poor
What is the biggest obstacle you have had to overcome?
Any organization whose model relies on a
JD, MS, APN-BC health would be volunteer workforce – and particularly a stu-
Alejandro “Danny” Nurse Practitioner, Massachusetts General Hospital
Clinical Instructor, Simmons College
the hardest thing dent workforce – often faces skepticism
around efficacy and professionalism.
to do, but also the
Mendoza, MD thing most worth Who is your role model and why?
Medical Director, Senior Behavioral Health Center, “No two days are working for.” Dr. Barry Zuckerman, for his insistence in
Jordan Hospital ever the same and
Chief, Division of Psychiatry, South Shore Hospital solving all problems from what he describes
there is so much I Tell us about what you do.
as a “child’s-eye view of the world.” He taught
learn on a daily basis Project HEALTH’s model is simple but effective. me that every worthwhile solution begins by
“I believe that the both professionally In clinics where our Family Help Desk programs understanding what a patient needs to be
future of psychiatry operate, physicians can“prescribe”food, housing, healthy, and then building programs, systems
and personally.” fuel assistance or other resources for their patients
is at the interface and structures to that end, even when that ap-
as routinely as they do medication. proach defies prevailing norms or entrenched
between medicine, Located in the waiting room and staffed by expectations.
surgery and their college volunteers, our 18 Family Help Desks
Tell us about what you do. “fill” these prescriptions by connecting pa-
specialties and In my role as a nurse practitioner in the
What would be your dream job (other than your current
tients with key resources. Last year, Project one)?
subspecialties.” Emergency Department, I evaluate and treat HEALTH’s corps of nearly 600 tenacious, ener- Truthfully, I cannot imagine a job dreamier
adults with problems ranging from a bruised getic, well-trained volunteers assisted 5,000 than my current one.
toe to traumatic head and spine injuries. For low-income patients and their families in
Tell us about what you do. higher acuity patients, I collaborate with the at- Boston, Providence, New York, Baltimore,Wash- What is one thing people don’t know about you?
tending physician and various other specialties. ington, D.C., and Chicago in accessing the re-
I was the founding Chair of Psychiatry at In 1992, I won third place in the Miss Teen
As an adjunct clinical instructor, I oversee sources they need to be healthy.
Caritas Good Samaritan Medical Center, Massachusetts pageant, but failed to clinch the
and guide students during community health,
where I established the inpatient geriatric neu- winning title because I took the opportunity
medical-surgical nursing, leadership and man- Why do you do what you do?
ropsychiatry unit and the medical surgical on stage – before the assembled crowd of
agement. Three days before my 18th birthday, I read an
consultation liaison service, as well as re- judges, contestants, and audience – to discuss
vamped the Norcap Addiction Service. article in The Boston Globe describing the work the importance of condoms in preventing the
Why do you do what you do? of Dr. Barry Zuckerman, the Chair of Boston
I left Good Samaritan to start a new Depart- spread of HIV and AIDS, a rather unpopular
I love working with people. It is a challenge to Medical Center’s Pediatrics Department.
ment of Psychiatry at Jordan Hospital, along topic at the time.
work with individuals and families who present Dr. Zuckerman boldly asserted that a pedi-
with a state of the art Geriatric Neuropsychia-
to the Emergency Department, in part because atrics department should be a place where chil-
try Unit and consultation service.
they start out not really wanting to be there. dren got healthy – and, in the case of low-income
Currently, I am working on a new clinical
It is a tremendous responsibility to commu- children, that would require more than clinical
and academic affiliation with Tufts University
nicate with patients about what the plan of care.To realize this vision, he had assembled a
School of Medicine. I am hoping to establish care is for them and to advise them on what
an outpatient Memory Disorders Unit to serve team of lawyers, psychologists, and experts in lit-
they should expect during their stay in order
both South Shore Hospital and Jordan Hospi- to alleviate as much anxiety as possible.
eracy, violence and child development. www.mamedicallaw.com
tal and to establish a geriatric psychiatry fel- The Globe article resonated.At the start of
It is a humbling experience to be a small
lowship through Tufts at Jordan (given the de- my sophomore year, I called Dr. Zuckerman
part of a patient and their family’s health cri-
clining numbers of fellows/programs and the and told him I wanted to help. He said we
sis. No two days are ever the same and there is
dramatically increasing numbers of geriatric would talk after I spent six months at BMC.
so much I learn on a daily basis both profes-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-9

Heroes from the Field


nancial analysis. My work supports invest- Who is your role model and why? What is one thing people don’t know about you?
Ilonna J. Rimm, MD, PhD ments that provide true innovative improve- My role model is Meg Whitman. She has I am, at heart, a farm girl from Wisconsin. I
Senior Vice President, Director of Physician ments in patient care. built an amazing company and has main- moved from rural Wisconsin to go to Harvard
Consultation Services tained an impressive family life. Now, she is a Medical School when I was 19 and I continue
Lazard Capital Markets Why do you do what you do? candidate for the Governor of California. to be in awe of the “bright lights in the big city.”
I am committed to medical and scientific When I last asked Meg how she accom- It has been an incredible privilege to make the
innovation and I believe that I can personally plished so much, she responded,“It all started journey from the farm to health care finance.
“I believe that I can
participate in innovation by connecting two with my parents, who encouraged me to be-
personally participate groups of colleagues: medical innovators, who lieve that I could do anything.” I have great re-
in innovation by have good ideas, and health care investors, spect for her combination of superlative per-
connecting two who can move innovative ideas forward. formance in the workplace and a strong fami-
ly life.
groups of colleagues:
medical innovators,
What is your proudest achievement?
Given the recent passage of the new health care reform
Joyce A. Sackey, MD
During the time that I worked on the Harvard
law, what do you consider the biggest challenge facing
Dean for Multicultural Affairs and Global Health
who have good ideas, Medical School faculty, I recruited five young Tufts University School of Medicine
doctors and the health care industry today?
and health care post-baccalaureate colleagues to work in my
The hardest part of the term “health care” is
investors, who can move innovative laboratory.They all wanted to attend medical “I am driven by a
the “care” piece.As we participate in health
school and all five of them left for medical
ideas forward.” school after their excellent scientific work.
care reform, we will need to determine how to commitment to
bring “care” to patients while spending less
One young woman said,“Before I came to health care equity
Outside/Community Activities: and less time with them.
work here, I did not think that it was possible and empowered by
• Healthcare Innovations Team, Combined Since “spending time” has been consid-
to have a career and a family. But I have seen
Jewish Philanthropies
you succeed and now I believe that I can do
ered a critical component of “demonstrating the hope of so many
• Co-author of See Jane Win, a New York Times that we care,” we will have to invent new
it, too.” I am immensely proud of their accom- ways of showing concern for patients, a criti-
colleagues who are
& Wall Street Journal Best Seller
plishments. cal part of the trust between physicians and willing and ready to
Tell us about what you do. patients. Health care providers will use their work alongside me
As a physician/scientist, I am committed to What is the biggest obstacle you have had to overcome? ingenuity to develop novel approaches to
I have almost always worked in predomi- make the human connection that is critical
to find solutions to the vexing
bringing innovation to patient care.
As the Director of Physician Consultation nantly male environments, both in medicine for health care. problems of health care disparities.”
Services with Lazard Capital Markets, I make and finance. Sometimes it has been difficult to
connections between financial analysts who encourage my colleagues to listen to my What would be your dream job (other than your current Outside/Community Activities
want to discuss new medicines and devices ideas. one)? • Co-Founder and President, Foundation for
and thought-leading senior physicians who I have found it helpful to become a more Although I enjoy my position on the “sell African Relief
have hands-on experiences with those medi- cheerful, enthusiastic person, even at the risk side” of health care investing, my dream job is
cines and devices. of becoming the “Pollyanna” of health care fi- on the “buy side” where I can make a more di- Tell us about what you do.
10333-0810-BOS-IP-Ad_RxForExcellence:Layout 2 8/11/2010 11:51 AM Page 1
In this way, I add medical knowledge to fi- nance. Cheerful voices are more often heard. rect contribution to innovation. Our organization, the Foundation for

Pierce & Mandell, P.C.

Pierce & Mandell and the Attorneys in our


Health Law Practice Area Congratulate
Our Clients and Friends and
All the Other Recipients of
This Year’s MMLR Rx for
Excellence Award
__________________________
P&M Health Care Attorneys
William M. Mandell
Dean P. Nicastro
Emily B. Kretchmer
Brandon H. Saunders
Suzanne M. Fuchs
__________________________

Greenberg Traurig congratulates all the


2010 Rx for Excellence award recipients, including our friends
Ilonna Rimm of Lazard Capital Markets
and
Tom Sommer of MassMEDIC
Congratulations to all the winners!

www.gtlaw.com

[1800 Attorneys in 32 Locations° | USA Law Firm of the Year, Chambers Global Awards ] §
11 Beacon Street, Suite 800
Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2010 Greenberg Traurig, LLP.
Boston, MA 02108
Attorneys at Law. All rights reserved. Contact: David Dykeman in Boston at 617.310.6000. °These numbers are subject to fluctuation. T. (617) 720-2444
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www.piercemandell.com
Offices in Boston, Chatham and Sudbury
Page B-10 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Heroes from the Field


African Relief, has trained African physicians It will be especially difficult to accommo- • Retention and Tenure Committee Gover-
at the forefront of providing HIV/AIDS care.We Richard Serrao, MD date the influx of patients and the disparities nance Committee
have also collaborated with local organiza- Internist noted between reimbursements for primary • St. Mary’s High School Admissions Committee
tions and churches in Ghana to provide free VA Boston Health Care System and Boston University care physicians and subspecialists. • Sigma Theta Tau International Honor Society
medical care for under-served communities School of Medicine Tell us about what you do.
through mobile clinic outreach. What would be your dream job (other than your current
After graduating from Northeastern with a
“I enjoy the variety one)?
Why do you do what you do? Bachelors of Science degree in Nursing,I began
To be a film director.
Global health care disparities exist and that comes from my career as a registered nurse taking care of
critically ill patients in an acute care setting.
can be overwhelming sometimes. However, taking care of a
My initial scope of practice was caring for
causes of death and disability in resource- wide spectrum of burn patients at Massachusetts General Hospi-
limited areas are most often entirely pre- patients and tal.This was at times emotionally devastating
ventable. Those of us who have the benefit
of access to technical know-how and re-
helping trainees Paul W. Shaw, Esq. but also extremely rewarding.
Partner I had always yearned to work in an emer-
sources have the opportunity to change the learn what I have gency/trauma center and was then lucky
situation and bring hope and healing to learned.” K&L Gates
enough to become a nurse at Atlanticare Med-
thousands of people. ical Center in Lynn for the next seven years.
I am therefore driven by a commitment to Outside/Community Activities: “I enjoy assisting While working there, I became involved in
health care equity and empowered by the • Freelance graphic artist, filmmaker, traveler physicians and a potential medical malpractice matter and I
hope of so many colleagues who are willing other health care decided that given my background I would be
and ready to work alongside me to find solu- Tell us about what you do. equipped to assist other medical profession-
tions to the vexing problems of health care I’m an academic hospitalist with a subspe- professionals and als in similar situations.
disparities. ciality in infectious diseases. I train fellows, res- organizations when In 1982, I began my second career as a
idents and medical students. faced with regulatory claims representative for ProMutual Group, a
What is your proudest achievement? I have directed the introduction to clinical medical malpractice insurance company
medicine course for several years for the issues.” now servicing New England.
Mentoring young students and physicians
Boston University School of Medicine and am For the past 28 years, I have managed med-
who then become advocates in their own
the current medical director for the Ambulato- ical malpractice litigation being brought against
right for global health equity. Over the years I Outside/Community Activities:
ry Diagnostic Treatment Center at the VA,which health care providers. Having both the medical
have worked with many mentees and ad- functions as a referral clinic for expedited • Cambridge Boat Club and legal background and experience allows
visees at every level of the educational ladder. work-up of complex outpatient issues, in addi- me to advocate fairly for both parties with the
I am proud of each and every one of them tion to providing perioperative risk stratifica- Tell us about what you do. ultimate goal of reaching a fair outcome.
and what they have accomplished. tion for surgical patients. I concentrate on representing physicians, I pride myself on being ethical, fair and
I am also the clerkship director for the core hospitals and other health care organizations honest in my approach to both parties
What is the biggest obstacle you have had to overcome? internal medicine clerkship for third-year in regulatory matters and litigation matters. through the difficult litigation process such
Inertia and naysayers who are quick to say medical students at the VA. I serve on several that they are satisfied that their respective po-
it can’t be done. One tends to encounter this quality improvement committees, but am Why do you do what you do? sitions have been represented. I pride myself
on almost every issue. most involved in education. I enjoy assisting physicians and other on being respected by both the defense and
health care professionals and organizations plaintiffs’ bar for the work I do.
Who is your role model and why? Why do you do what you do? when they are faced with regulatory issues.
A have a number of role models – there is I enjoy the variety that comes from taking What is your proudest achievement?
no single individual that embodies every- care of a wide spectrum of patients and help- What is your proudest achievement? Being able to successfully complete law
thing I look to for inspiration.There are key ing trainees learn what I have learned. Successfully representing The New England school at night and pass the bar while work-
themes that characterize the people I admire Journal of Medicine in a variety of mass tort lit- ing full-time with a full caseload of med-mal
the most: individuals who lead lives of pur- What is your proudest achievement? igations to prevent the disclosure of peer re- cases to adjust to a fair and responsible out-
pose, courage and deep faith are a source of Completion and screening of a documen- view materials related to scientific studies and come. If you give of yourself, you not only help
great inspiration. articles published in the Journal. others but you also get so much back in re-
tary film I produced about the AIDS epidemic
in Uganda. turn from the people that you touch.
Given the recent passage of the new health care reform Who is your role model and why?
law, what do you consider the biggest challenge facing Former Massachusetts Attorney General What is the biggest obstacle you have had to overcome?
What is the biggest obstacle you have had to overcome?
doctors and the health care industry today? Francis X. Bellotti. As the oldest of five children from a middle
Mainly fear and insecurity, which are over- As a new law school graduate in 1975,
Producing enough primary care physicians class family,I had to put myself through both
come by walking right through them. Frank took a chance and hired me as an Assis-
who will be available to provide good quality college and law school. My parents wanted
care for newly enrolled patients, chronic care tant Attorney General in the criminal bureau, me to go to a School of Nursing rather than
Who is your role model and why? where I had a fabulous experience while de-
for an aging population and join a national ef- law school so that I could work sooner and
Filmmaker Steven Spielberg and his collab- veloping my skills as a trial lawyer.
fort to eliminate health care disparities. support myself.
orator, John Williams, as their creativity knows
no bounds and reflects a passion that can be Given the recent passage of the new health care reform Given the recent passage of the new health care reform
What would be your dream job (other than your current achieved when medicine is viewed through law, what do you consider the biggest challenge facing law, what do you consider the biggest challenge facing
one)? the same creative/artistic approach. doctors and the health care industry today? doctors and the health care industry today?
I have my dream job now. I love what I do. Complying with the myriad increased regu- The regulation of the quality of care by gov-
Given the recent passage of the new health care reform lations, while contending with decreased re- ernment, given its inexperience in that arena,
What is one thing people don’t know about you? law, what do you consider the biggest challenge facing imbursement. will have a devastating effect on health care
I have a fantasy to travel around the world. doctors and the health care industry today? providers and institutions.
What would be your dream job (other than your current
This governmental intrusion will have fi-
one)?
nancial effects not only on all Americans but

Morrison Mahoney LLP


Being the“bullpen”catcher for the Boston Red
also on hospitals and health care providers at
Sox.You get to be part of the team without any ex-
a time when the economy is in turmoil and re-
pectation that you will have to perform on the field.
imbursement by insurers and the government
for services rendered is already low. Reporting

congratulates the
and record-keeping seems to be outweighing
the actual care that is given to the patients.

Kathleen Pfeifer
2010 RX FOR EXCELLENCE HONOREES Spurling, RN, JD
Senior Claims Representative
ProMutual Group
Willie Stephens, DDS
Oral surgeon
“If you give of
yourself, you not
only help others
but you also get
so much back in
MORRISON MAHONEY LLP return from the
people that you
Connecticut – England – Massachusetts – New Hampshire – New Jersey – New York – Rhode Island
touch”
Outside/Community Activities:
www.morrisonmahoney.com • New England Law Boston Board of Trustees Dr. Stephens graduated from the University
Chairman Recruitment of California Medical Center in 1973, and com-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-11

Heroes from the Field


pleted his internship and residency in Oral and own long-term care and sub-acute team provides Hampden and Hampshire County.
Maxillofacial Surgery at Massachusetts General Robert J. Suchecki services at 14 local skilled nursing facilities.
What is your proudest achievement?
Hospital in 1976. CEO Our nurse case management and chronic
After completing his residency he be- Hampden County Physician Associates, LLC disease management team members have My wife and I providing our sons with a
came the Chief of Oral and Maxillofacial been delegated to positions in the other facili- nourishing environment to grow and achieve
Surgery at Mt. Zion Hospital in San Francis- ties for medical management, a full service lab, socially, physically, intellectually and spiritually.
“I strive to provide an imaging center, a sleep center and several
co. He also spent eight years as the Director
of the Residency Training Program in OMS at access to other ancillary services. What is the biggest obstacle you have had to overcome?
UCLA/Martin Luther King, Jr. General Hospi- high-quality, Of particular note, along with our continuum Working with our physician leaders to trans-
of care, we have developed contractual form our Independent Practice Association
tal in Los Angeles. Dr. Stephens spent the coordinated, physician group practice into an organization
next 20+ years in the Department of arrangements with other primary care physi-
cost-effective care cians, specialists and hospitals in our area, cre- that functions like a coordinated, multi-special-
Oral/Plastic Surgery managing complex
Oral/Facial Reconstructive Surgery while at
for the residents ating an integrated network (the makings of an ty physician group model.
of Hampden and accountable care organization), which has
both Brigham and Women’s Hospital and Who is your role model and why?
been participating in global risk arrangement
Massachusetts General Hospital. He is cur- Hampshire County.” since the year 2000. My mother. Her strength, determination, per-
rently working in private practice full time. Over 100 primary care physicians from other severance, dedication to her family and will to
Dr. Stephens’ practice in centered in the Outside/community activities
practices participate in these arrangements always “do the right thing”were her strongest at-
MetroWest area and he operates primarily at • Former Board President,American Lung Asso- tributes and a huge inspiration to me.
through our practice’s agreements. Our
MetroWest Medical Center and UMASS Medical ciation of Western Mass.
provider network has some of the best utiliza-
Center. He has a wide referral base that is both • Hawthorne Services Given the recent passage of the new health care reform
tion and patient satisfaction statistics of all par-
local and international. • Holyoke Council of Arts law, what do you consider the biggest challenge facing
ticipants statewide.
Dr. Stephens’ clinical interests include a spec- • Founder of Holyoke Farmers Market doctors and the health care industry today?
Last year, we implemented electronic pre-
• Coach, Holyoke Youth Sports Choosing the right path and model to maxi-
trum of oral and maxillofacial surgery that cov- scribing, and this year we will complete our im-
ers surgical problems from conventional oral mize efficiency and outcomes, while providing
Tell us about what you do. plementation of electronic health records
surgery, such as wisdom teeth, to complex or- an attractive practice setting for providers and
HCPA,LLC is a multi-specialty physician throughout our organization.
yielding a high level of patient satisfaction.
thognathic surgery, reconstructive temporo- In addition, we have worked diligently with our
group practice serving residents of Hampden
mandibular joint surgery, maxillofacial trauma and Hampshire County in Western Massachu- malpractice carrier to implement a comprehen- What would be your dream job (other than your current
and sleep apnea. setts.We have grown from slightly over 20 physi- sive multi-modality risk management educational one)?
He specializes in problems that involve bone cians and nine nurse practitioners and physi- curriculum,which has reduced our exposure and An actuary.
grafts and tissue engineering, along with a cian assistants in the year 2000 to 60 physicians, resulted in reduced malpractice premiums.
broad range of implant reconstructive surgery. 30 nurse practitioners and physician assistants What is one thing people don’t know about you?
He is widely regarded by his patients for an and 14 office sites today. Why do you do what you do? I cultivate bonsai as a hobby and held five
exemplary bedside manner, thorough attention We have developed our own hospitalist ser- I strive to provide access to high-quality, coor- baseball records in college, one of which was
and positive outcomes. vice at two of the three local hospitals where our dinated, cost-effective care for the residents of most strikeouts.

CONGRATULATIONS!
Medical Professional Mutual Insurance Company and the entire ProMutual Group congratulate all the winners
of the Rx for Excellence Award, presented by the Massachusetts Medical Law Report, and we are proud to be a
Gold Sponsor of this year’s awards ceremony.

We are also proud to have a member of our Board of Directors as well as a member of our Claims Department
among the recipients!

Congratulations to Dr. Philip E. McCarthy, MD, a general surgeon and dedicated healthcare provider, and
Kathleen Pfeifer Spurling, RN, JD, senior claim representative for ProMutual Group.

Being honored as a Leader of Quality, Dr. McCarthy works to promote and advance safety, quality and risk
management in the practice of medicine and ensure that patients receive the high quality of care that they
deserve.

As a Hero in the Field, Ms. Spurling works tirelessly to provide support and assistance to healthcare providers
during an often stressful time in their lives.

From all of us at ProMutual Group, congratulations to all of the 2010 Rx for Excellence Award recipients!
Page B-12 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

The Leaders in Quality


are professionals whose unique efforts have helped advance safety,
quality and risk management for many patients and health care providers.
Why do you do what you do? Given the recent passage of the new health care reform Outside/Community Activities:
Ronald A. Arky, MD I have a great love of teaching and medical law, what do you consider the biggest challenge facing
doctors and the health care industry today?
• Former Chairman,American Cancer Society
Professor of Medicine and Medical Education, education in general. I also enjoy having the • Trustee, Dana Farber Cancer Institute
Harvard Medical School opportunity to work with the best young med- The health care industry needs to figure out • Co-Chairman, Early Education for All
Senior Physician, Brigham and Women’s Hospital ical students in the world. how to curtail medical care costs in the face of • Board Member, Boston Private Industry
an aging population, as well as advances in Council
What is your proudest achievement? both technology and medical knowledge.
“I enjoy having The accomplishments and contributions to
• Board Member, Greater Boston Chamber of
the opportunity Commerce
medicine that my students have achieved over the What is one thing people don’t know about you?
• Board Member, U.S. Personalized Medicine
to work with the past 50 years are my own proudest achievement. I would have liked to be a baseball player
Coalition
best young Since I have been in the“business”of medical edu- but was not a good hitter.
cation for almost 50 years,I have innumerable stu- • Founding Board Member, European Person-
medical students dents who have brought me great pride and gratifi- alized Medicine & Diagnostics Association
in the world.” cation.Many have gone on to become deans of
other medical schools,authors,surgeons and role Tell us about what you do.
models for others in the health care field. I am President and CEO of On-Q-ity, a next-

Outside/Community Activities: What is the biggest obstacle you have had to overcome? Mara G. Aspinall generation cancer diagnostics company dedi-
cated to creating personalized diagnostics for
• President of the American Diabetes Associa- Becoming an effective administrator while President and CEO solid tumor cancer patients.
tion still being actively engaged as an educator, re- On-Q-ity We are focused on transforming cancer
• Boston Classical Orchestra searcher and caregiver. treatment through innovative diagnostics to
• Program Director of Internal Medicine at “The sequencing identify the unique characteristics of individ-
Harvard Medical School Who is your role model and why?
ual patients’ cancer, predict their response to
• Chairman of the Department of Medicine at That would have to be Daniel Federman,M.D., of the human
therapy, monitor the efficacy of their treatment
Mount Auburn Hospital who teaches endocrinology at Harvard Medical genome with the and identify cancer’s recurrence as early as
School.He is a“teacher’s teacher”with a talent for
Tell us about what you do. taking the most complex of principles and explain- addition of new possible.
ing them in the most precise yet simple terms. diagnostic Our goal is to change how treatment deci-
My practice is limited to patients with dia-
betes, and I am primarily a medical educator. I Within medicine,he has been a leading sions are made by offering oncologists and
techniques will their patients more cost-effective, informative
am also the Dean of Curriculum at Harvard proponent of the tenet that education and the
Medical School and the master of the school’s learning process are sciences and deserve allow us to more and actionable treatment guidance.
F.W. Peabody Society, which mentors students equal attention and respect to that bestowed accurately deliver
and emphasizes on inter-disciplinary and in- upon medical research and patient care. He is Why do you do what you do?
the right care to the right patient at a
ter-institutional endeavors in community med- skilled and proficient as a clinician and edu- We need to improve the efficacy of the
icine, public health and social medicine. cator. lower total cost per patient.” drugs that are used in our health care system

L L I


  N P S F

Forum:
The Omni Parker House Hotel
Gala Reception & Dinner:
The State Room

Dinner Speaker
DAVID BLUMENTHAL, MD, MPP
National Coordinator for
Health Information Technology
Department of Health & Human Services

oin health care leaders for an extraordinary afternoon of


dialogue with Lucian Leape Institute members, followed by
an evening networking reception and dinner.
Earn CME
For program details and to make reservations, please visit www.npsf.org.

Lucian L. Leape, MD
Seating is limited.

Chair, Lucian Leape Institute


Gary S. Kaplan, MD, FACMPE
Chairman & CEO,
credits
in risk management study
Adjunct Professor of Health Policy Virginia Mason Medical Center
Harvard School of Public Health Julianne M. Morath, RN, MS
Diane C. Pinakiewicz, MBA
President, Lucian Leape Institute
President, National Patient Safety Foundation
Chief Quality & Safety Officer,
Vanderbilt University Medical Center based on articles in
~ Dennis S. O’Leary, MD
Carolyn M. Clancy, MD
Director, Agency for Healthcare
President Emeritus, The Joint Commission
Paul O’Neill
Massachusetts Medical Law Report.
Research and Quality Former Chairman & CEO, Alcoa
James B. Conway, MS 72nd Secretary of the US Treasury
Senior Vice President, David M. Lawrence, MD
Institute for Healthcare Improvement LLI Member Emeritus
Susan Edgman-Levitan, PA Chairman & CEO (retired),
Strategic Vision
Kaiser Foundation Health Plan, Inc.
for Patient Safety
Working to Create
Transformational
Executive Director,
John D. Stoeckle Center for Primary
Care Innovation
and Kaiser Foundation Hospitals
Pamela A. Thompson, MS, RN, FAAN
To find more CME activities, go to
Massachusetts General Hospital LLI Member Ex-officio
Change
James A. Guest
President, Consumers Union
Immediate Past Chair, NPSF Board of Directors
CEO, American Organization of Nurse Executives mamedicallaw.com/cme
Lucian Leape Institute at the National Patient Safety Foundation
268 Summer Street, Sixth Floor • Boston, MA 02210 • 617.391.9900 • www.npsf.org
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-13

Leaders in Quality
today.Throughout the U.S.health care system in,diagnostics. If practicing physicians, administrators
overall, prescribed drugs only have positive Most therapies coming out of the “new sci- and researchers are unable to separate use- Karen Bell, MD, MMS
efficacy and benefit for the patient 50 per- ence” of genomics are both expensive and ful information from this data, then health Chair
cent of the time – in cancer patients, it’s only only work for patients with a specific genetic care reform will result in an explosion of cost Certification Commission for Health Information
22 percent of the time. pathway of disease. Sophisticated diagnos- and activity without the benefit of improved Technology (CCHIT)
We need to do better.We need to identify tics are essential to all patients to ensure that patient outcomes.
the right drug for the right patient – the first each patient has the best chance to benefit The federal government’s investment fo-
from his or her therapy. cus on bioinformatics is a good start,but we
“Every step in the
time.We now know that one drug will not
work for all. Over the past decade, it has been these diag- need to ensure that our current decentral- direction of
We need to use sophisticated diagnostic
nostics that are at the forefront of change in pa- ized information system is vastly improved. assuring that
tient care and of focused research to find a EHRs meet the
tools to identify the unique DNA differences
cure. What would be your dream job (other than your cur-
between patients that will allow us to better I believe we have only seen the tip of this rent one)? needs of the
personalize and tailor treatment decisions. I iceberg and progress will rapidly drive the in- My fantasy dream job would be to be the practicing
want to be a part of this revolution and help corporation of diagnostics into standard care Commissioner of Major League Baseball. community is key
create these important diagnostics. as they provide a gateway to truly personal- The simple joy that comes from watch-
ized medicine. ing a mid-summer game versus the com-
in the support of
What is your proudest achievement? plexity of running the business behind the physicians who want to provide better
My proudest professional achievement is Who is your role model and why? powerful team franchises – there is noth- care to their patients.”
building great teams of highly qualified indi- Cancer patients.They endure the chal- ing (outside of life sciences) as fascinat-
lenges of treatments while battling their dis- ing as baseball.
viduals, with deep expertise and who are Outside/Community Activities:
ease in every way possible – physically, emo-
also a lot of fun to work with. • HIT Council for Massachusetts
tionally and intellectually.They inspire me to What is one thing people don’t know about you?
At Genzyme Genetics, the team was able work harder every day.
to build one the nation’s largest and highest Most people don’t know that I started my Tell us about what you do.
quality clinical laboratories. Given the recent passage of the new health care reform career in politics in New York in two different I have been supporting the development
law, what do you consider the biggest challenge facing roles. My start in political campaigning was and adoption of electronic health records in
Now, at On-Q-ity, our team of top-notch sci-
doctors and the health care industry today? as District Manager and Issues Coordinator the health care delivery system for years.
entists and biotech executives is building the
The biggest challenge in health care today with Senator Charles Schumer’s first cam-
next generation of cancer diagnostic tech- paign for national office. He successfully ran Why do you do what you do?
is finding effective tools to use the vast
nologies. for U.S.Representative in the 9th Congres- Every step in the direction of assuring that
amount of data that is being generated by
new technologies. sional District of New York. Later that year, I EHRs meet the needs of the practicing com-
What is the biggest obstacle you have had to over- served as photographer for the Mayor of New munity is key in the support of physicians who
The sequencing of the human genome
come? York. want to provide better care to their patients.
with the addition of new diagnostic tech-
The health care industry – research, clini- niques will allow us to more accurately deliv- These were thrilling ways to learn early on
cal practice and business – has historically er the right care to the right patient at a lower in my career about the challenges and re- What is your proudest achievement?
undervalued,and therefore under-invested total cost per patient. sponsibilities of public office. There isn’t one. I’ve been privileged to be

Congratulates

Kathleen Pfeifer Spurling


Class of 1988
Member, New England Law Board of Trustees
ProMutual Group

Ellen Janos
Class of 1977
Mintz Levin Cohn Ferris Glovsky & Popeo P.C.

On Being Named “Heroes from the Field”

We salute all this year’s winners of


Massachusetts Medical Law Report’s
“Rx for Excellence” Awards.

www.nesl.edu

The space you purchased has been reserved and the above copy must b
Page B-14 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Leaders in Quality
part of the group that built the foundation for to one that is of the highest quality, the safest Currently, I lead a multi-state effort to re- I’m funny, though I tend to have a bit of a se-
all of the opportunities that the federal Ameri- and the most efficient has been a passion of duce avoidable re-hospitalizations at the Insti- rious persona.
can Recovery and Reinvestment Act of 2009 mine for some time.We must, of course, first do tute for Healthcare Improvement. I also prac-
made possible with respect to HIT. no harm,and therefore patient safety has been tice medicine 25 percent of the time at New-
a core component of my work. ton-Wellesley Hospital and at Massachusetts
Who is your role model and why? Yet the health care system also has the re- General Hospital.
sponsibility to be as efficient and cost-effec- I am committed to the importance of tak-
Dr. Milton Hamolsky of Harvard Medical
School was a mentor and clinician extraordi-
tive as possible.We simply cannot continue to
spend the health care dollars we have to care
ing care of patients on a regular basis, as it is
the foundation for informing my work in clini-
Elizabeth Capstick
naire who took the time and energy to help for the result of errors, preventable complica- Deputy State Auditor
cal improvement and public policy.
pre-med students realize their dreams. tions and poor communication. I am also the co-designer and physician Office of the State Auditor
To me, the field of health care quality is lead of the State Action on Avoidable Rehospi-
Given the recent passage of the new health care reform about doing not only what is right for the pa- talizations (STAAR) initiative at IHI.We are “High quality
law, what do you consider the biggest challenge facing tient in front of you in the hospital, but to do pleased to have partnered with state level
doctors and the health care industry today? what is right for our society.We must be able to
care … must
leaders in Massachusetts, Michigan and Wash-
There will be a huge culture change – from provide high quality health care that is safe ington, formed multi-stakeholder state level
include patients
a system where individual clinicians feel like and effective while decreasing overall costs. steering committees, provided technical assis- as part of an
they are no longer “in charge” to one where
Given the recent passage of the new health care reform
tance to workgroups and created a 67 team informed decision-
they become integral to a team that includes collaborative to work in a cross-continuum making process
law, what do you consider the biggest challenge facing
other clinicians, the patient and his or her sup- doctors and the health care industry today? manner to improve care coordination at times
of transition out of the hospital. regarding their care.”
port system. The biggest challenge facing our health
care industry will be to move away from a fee
What would be your dream job (other than your current Why do you do what you do?
for service,incentive-based system to one that
one)? As a general internal medicine physician, I Outside/Community Activities:
is based on outcomes and accountability.
After forty years, I have finally achieved it. I see opportunities every day to improve the • Newton Democratic City Committee
We must transform our system into one that will
am mentoring others and overseeing a process care I deliver. • Member and former Treasurer of Citizens for
achieve three high-level aims: (1) Improvements in
that assures that EHRs continue to develop and The challenge is that many of the potential the Future of Newton
population health (not just individual patient out-
deliver the functionalities, security, interoperabil- comes); (2) Reductions in per capita costs (from a ways to improve care go way beyond me • Massachusetts Councils for Children
ity and usability that doctors need. societal perspective);and (3) Improvements in the working harder, faster, better, or more diligently. • Statewide Advisory Council to the Massa-
patient experience in the health system. Systems and infrastructure investments will go chusetts Office for Children
What is one thing people don’t know about you? The system should be centered on the patient a long way to harnessing the potential for ex-
I am a very hands-on person.As a carpen- cellence that exists in our medical profession, Tell us about what you do.
with the safest care that first does no harm.The
ter’s daughter, my idea of a relaxing week is to complicated financial and relationship models and I believe practicing physicians must lead I have held various positions in the execu-
head to our little place in Puerto Rico and to achieve these aims of accountability will be these efforts. tive and legislative branches of Massachusetts
paint, tile and plant my way through the day. the challenge over the next five years. state government. In the Auditor’s office we
What is your proudest achievement? seek to ensure that public funds are expend-
What would be your dream job (other than your current When a person came up to me to say,“I re- ed appropriately and that our government op-
one)? member you.You took care of my dad.You erates as efficiently and effectively as possible.
One of two options: (1) To become a flying were good, and he’s doing much better now.” Our audit findings and conclusions influence
physician for the “Flying Doctors of Kenya.”Af- those making policy and budget decisions re-
Evan M. Benjamin, ter receiving my private pilot license, I have al-
ways fantasized about going back as a flying
What is the biggest obstacle you have had to overcome?
Understanding how to exercise leadership
garding the services that our state provides.
As Deputy State Auditor, I represent the
MD, FACP physician assisting in remote communities in
developing countries; or (2) To help run a
without formal authority. State Auditor as a member of the Massachu-
setts Health Care Cost and Quality Council,
Vice President/Chief Quality Officer large health system and transform care to Who is your role model and why? which was created as part of the Health Care
Baystate Health System achieve improved population health. Brent James, MD at Intermountain Health- Reform Act of 2006 and amended by Chapter
care in Utah. Dr James had a vision of how to in- 305 of the Acts of 2008. On the Council, I have
“To me, the field of What is one thing people don’t know about you? crease the quality and efficiency of health care served as Treasurer and as Co-Chair of the
I am a private pilot. I began training as a pi- through harnessing the collective intelligence Quality and Safety Committee. My focus has
health care quality been on improving the value of the health
lot, in part, because of my interest in the safety of his physician and nursing colleagues.
is about doing not training in the aviation industry. I always want- He established a system that attempted to care delivered in the Commonwealth.
only what is right ed to fly, yet I took the opportunity to train as a standardize the parts of practicing medicine
for the patient in pilot when my work in patient safety and that can be reasonably standardized, in order What is your proudest achievement?
studying human factors was also beginning. to allow the physician to make the important I am very proud of the fact that my husband
front of you in the decisions that really do require expertise or and I have raised two strong, independent and
I have found piloting fulfilling on so many lev-
hospital, but to do els – helping me to understand human frailties judgment. hardworking children who are instilled with the
what is right for and the pure enjoyment of the physics of flight. Whenever he encounters resistance to stan- values that we learned from our parents.
our society.” dardizing what can be standard work, he asks I breathe a little easier about our future, as a
his physician colleague to demonstrate why nation and as a people, when I think of them
Outside/Community Activities: deviating from the standard practice was nec- helping to guide the way.
• Board Member, Food Bank of Western Massa- essary and indicated for the good of the pa-
tient. It is a learning opportunity, and improve- What is the biggest obstacle you have had to overcome?
chusetts
ments are made. His vision and leadership is Managing the budget and resources of the
• Catholic Healthcare Partners, Cincinnati, Ohio
• National Patient Safety Foundation Amy Boutwell, MD MPP inspiring. State Auditor’s Office during a prolonged peri-
od of steadily decreasing annual budgets that
Director of Health Policy Strategy
Tell us about what you do. Principal Investigator, STAAR Initiative Given the recent passage of the new health care reform required downsizing and layoffs at the same
law, what do you consider the biggest challenge facing time that mandates from the Legislature are
Baystate Health (BH) is a three hospital inte- (State Action on Avoidable Rehospitalizations) doctors and the health care industry today?
grated delivery health system in western Massa- Institute for Healthcare Improvement increasing.The impact on our operations has
A challenge coming out of the new health been difficult, but the impact on our staff has
chusetts with a flagship hospital,Baystate Med-
ical Center, a 700-bed independent academic reform law is whether we will simply absorb been unprecedented.
“I believe there is more individuals into the current health care
tertiary referral medical center.
As Senior Vice President and Chief Quality Of- much more we delivery system, or whether we can improve Who is your role model and why?
ficer since 1999,I have been responsible for over- can do when we the efficiency and effectiveness of the way we My role model is my mother,Anne Marie
all quality of care, patient safety and efficiency of deliver health care in this country to serve not Carleo, who was the first person to teach me
focus on only millions more, but better. about the importance of economic and social
health care delivery, as well as a growing number
of areas of strategic importance to BH.
optimizing health, Physicians must not shy away from the te- justice. She did her nurse’s training in Alaba-
Over my 11 years of working in the quality rather than dious details of redesigning health care sys- ma in the early 50’s where she saw the impact
arena, I have helped to transform the culture increasing the tems, and new generations of physicians and of hatred and segregation, including burning
for our health system.We have proudly moved health care executives must be willing to find crosses on the hospital lawn and injuries
delivery of health ways to innovate without a zero-sum game. caused by the resulting violence.
to a culture of transparency – of quality and
safety, but also of patient centeredness. Our care services.” As she raised her seven children, she made
outcomes, efficiency and improved patient What would be your dream job (other than your current sure that we not only learned about those
safety have put our health system among the Tell us about what you do. one)? who were fighting against injustice but also
leading health systems nationally. My work focuses on the intersection of clinical Helping states and nations design systems witnessed her own actions to bring equality to
Finally we have pushed our academic and medicine,process improvement and public policy. to optimize the health of their populations, our society.
health policy work to teach new generations of I am passionate about the opportunities to with a specific focus on ensuring that difficult She taught me not to be afraid of obstacles.
students in health care quality.We are starting a significantly improve the way health care is to reach populations receive customized, en- She would say,“Don’t take on too much in one
new Fellowship in Healthcare Quality this year. delivered. I believe there is much more we hanced, proactive support to overcome barri- day. Just do what you can today, and do some
can do when we focus on optimizing health, ers they face in achieving optimal health. more tomorrow. Just keep moving.”
Why do you do what you do? rather than increasing the delivery of health
Transforming our health care delivery system care services. What is one thing people don’t know about you? Given the recent passage of the new health care reform
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-15

Leaders in Quality
law, what do you consider the biggest challenge facing Who is your role model and why? and cutting edge. I also wanted to alter the marked that for those of us in the field of health
doctors and the health care industry today? My father – he was extremely successful traditional delivery of long-term care ser- care, the new law will define the remainder of
Our health care system will have to face in his personal interactions with others. vices to our frail elders. our careers. It’s true.This complex legislation –
the reality that high quality care must be I hope that I have adopted his patient de- Opened just last year, NewBridge on the on par with the creation of Social Security,
measured, not simply asserted, and that it meanor and intelligence. I’ve always admired Charles, our new CCRC in Dedham, has ex- Medicare and Medicaid – has the potential to
must include patients as part of an informed his ability to care about others and chose to ceeded the expectation of the vision I had change every aspect of the country’s $2.5 trillion
decision-making process regarding their emulate that virtue in my own life’s work. nearly a decade ago and sets the standard per year health-care system.
care. for senior care in this country. Some of the changes will take effect rela-
Once that is accepted, I believe our doc- Given the recent passage of the new health care reform I am incredibly grateful to our board and tively quickly. For example, beginning in 2012,
tors, and other medical professionals, who law, what do you consider the biggest challenge facing committee members as well as our staff who Medicare will reduce reimbursement to hos-
are trained and experienced in caring for us doctors and the health care industry today? made this possible. pitals for the care they provide to patients
as patients, will work to shape the new deliv- It will be most difficult for doctors to learn readmitted within 30 days of discharge – if
ery system into one that is consistent with to build and work within orchestrated and What is the biggest obstacle you have had to over- the readmission was avoidable.
their training and vocation – one that is truly integrated systems of health care. come? This makes sense. It turns out that, nation-
patient-centered. For some doctors it’s hard to be part of teams Helping Hebrew SeniorLife expand has ally, about 1 in 4 Medicare patients dis-
and never forget that it is a person who is ill. been a huge challenge, but a positive one.We charged from a hospital to a post-acute reha-
What would be your dream job (other than your cur- Many are relying on technology to solve all of didn’t want to settle. bilitation facility are readmitted within 30
rent one)? the problems in the health care field.Technolo- We have expanded our employment op- days – and approximately 80 percent of
Recently, I’ve been thinking about a slower gy is a means to health, not an end in itself. portunities and our teaching commitment, these readmissions are avoidable.
paced job – possibly overseeing the oyster affiliated with Harvard Medical School and The cost of this avoidable care is approxi-
beds in Cape Cod Bay. What would be your dream job (other than your cur- invested in our Institute for Aging Research mately $17 billion/year, not to mention the
rent one)? and opened a state-of-the-art continuing care
enormous suffering of patients and their fam-
What is one thing people don’t know about you? Thankfully I would choose what I did as a retirement community.We are also renovat-
ilies. Hospitals have no financial incentive to
I played on the State Senate Softball team young man – to personally care for patients ing our flagship Hebrew Rehabilitation Cen-
avoid this: they get paid for the initial inpa-
in the Boston Bureaucratic League during and help them become well again. ter in Boston.
tient stay and then they get paid for the read-
the 70’s when the “affirmative action” position It has taken hard work and determination,
mission.
for women was catcher, and as a guard for but our efforts have paid off tremendously.
That will change in 2012, and that is good
five years on an undefeated women’s sum-
mer league basketball team, known as Mur- Given the recent passage of the new health care reform news for high quality post-acute providers –
phy’s Fliptops. law, what do you consider the biggest challenge facing like our Hebrew Rehabilitation Center in
Len Fishman doctors and the health care industry today?
The Patient Protection and Affordable
Boston – that can prove to hospitals that
their higher quality of care reduces avoid-
President & CEO Care Act will change our health care system able readmissions.
Hebrew SeniorLife forever – in many ways that we understand
and in some that we will still be figuring out What is one thing people don’t know about you?

Jack Evjy, MD “I’m driven by the


goal of changing
months and even years from now.
A colleague in Washington recently re-
One thing many people don’t know about
me is that I’m an attorney.
Senior Medical Advisor, Massachusetts Medical Society
Chair of Board Directors, Commonwealth the way people
Hematology Oncology think about aging.”

“I find that there


is no better reason
to love what I do
than to help
people in need Outside/Community Activities

get the help they


• National Academy of Social Insurance Ex- We are proud to support
pert Study Panel on Long-Term Care
require in the
most effective
• National Advisory Committee for the
Robert Wood Johnson Foundation’s Last the 2010 Rx for Excellence Awards
way possible.” Acts Campaign
• National Advisory Council of the Center for
State Health Policy,The Institute for Health,
in honoring Heroes from the
Outside/Community Activities:
Health Care Policy and Aging Research at
• Board of Directors, Boston Medical Library
• Boothbay Regional Art Foundation Mem-
Rutgers University Field and Leaders in Quality
• Member,Advisory Council of the University
ber Health Services, Princeton University
Tell us about what you do and what you have
accomplished.
Tell us about what you do. Congratulations to our fellow
Founded in 1903, Hebrew SeniorLife, an af-
I am the senior medical advisor at the
Massachusetts Medical Society and chair of
filiate of Harvard Medical School and the
third largest nonprofit organization in the
members of the Massachusetts
the board of directors of Commonwealth Boston area, is devoted to innovative re-
Hematology Oncology, a cancer treatment
group.
search, health care, education and senior Medical Society and to
housing that improves the lives of seniors.
I’m also a former member of the board of
directors of the Massachusetts Coalition for the
Since joining the organization in 2000, I’ve
been focused on transforming Hebrew Se-
all the honorees!
Prevention of Medical Errors and co-chair of niorLife into a trailblazing, integrated health-
the Patient Safety Programs Task Force of the care and housing delivery system, open to
Quality/Safety Committee of the Massachu- people of all religions, socioeconomic back-
setts Health Care and Quality Cost Council. grounds, and cultures.

Why do you do what you do? Why do you do what you do?
I work in order to advance the quality and Prior to joining Hebrew SeniorLife, I was
safety of patient care. I find that there is no president of the American Association of
better reason to love what I do than to help Homes and Services for the Aging, the 6,000-
people in need get the help they require in member national organization of nonprofit
the most effective way possible. long-term care and senior housing providers.
I came to Hebrew SeniorLife with broad
What is your proudest achievement? experience in the fields of health care and
Recently, my proudest achievement has senior services, as well as a personal passion
been working with a broad-based stakehold- for improving the quality of life for seniors
er group to develop a set of basic principles everywhere. I’m driven by the goal of chang-
and a strategic vision for patient safety pro- ing the way people think about aging.
grams in all settings of care in Massachusetts.
What is your proudest achievement?
What is the biggest obstacle you have had to over- When I joined the organization I had a vi-
come?
sion for a senior community that was unlike WWW.MASSMED.ORG
Developing consensus among diverse any other. I wanted to develop a continuing
stakeholders about evidence-based health care retirement community (CCRC) that was
policy. intergenerational, environmentally friendly
Page B-16 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Leaders in Quality
most involved with education and prevention The biggest challenge is changing how What is your proudest achievement?
Kilbyanne (primary care physicians and advanced prac- physicians and facilities are reimbursed so Hirsh: Our gun buyback program here in
tice professionals) receive more recognition that everyone is incentivized to do high quali- Worcester has retrieved 1861 weapons in eight
Garabedian, JD, RN and higher incentives. ty, safe care without unnecessary testing, at the years at a cost of $105,000.
Deputy General Counsel Third, we’re going to have to focus on effec- same time as simplifying reimbursement so This is less than the cost of even two gun-
UMass Memorial Health Care tive, high quality outcomes that require the ap- that armies of billing and claims staff are no shot related injuries.Worcester now ranks low-
plication of consistent modalities.This will im- longer needed, potentially saving trillions of est in firearm injury rates per capita than any
pact the provider/patient relationship and dollars each year. other city in the Commonwealth.
“By helping provider autonomy as never before.
physicians, nurses Fourth, we’re going to have to insist on ac- What would be your dream job (other than your current Manno: Teen RIDE (Reality Intensive Dri-
one)?
and other countability from all involved and this in- vers Education) is a teen driving safety pro-
cludes the payors. Fifth and perhaps most Indeed, my current job is my dream job.The gram that began in 2007 as a partnership with
professionals focus only thing that could make it better would be
challenging, while we’re headed to “health the juvenile court system.
on their clinical care for all,” we are going to have to grapple to have more time to spend with my family. Since March 2007, we have offered a day
skills, rather than with the most expensive sections of the con- long Saturday program for teens who have
tinuum of life, the cost of care at the beginning What is one thing people don’t know about you?
worry about legal been arrested for a driving offense – speeding,
of life and at the end. Last year I climbed Mt. Kilimanjaro, a 20,000 recklessness, DUI, etc.
consequences, I am foot mountain in Tanzania. It was easier than We have condensed this program into two
helping them develop confidence in What is one thing people don’t know about you? implementing an EHR. hours and have taught Teen RIDE at South
their practice.” I’m not particularly excited about war or High Community School to parents and teens
weapons so most folks would be surprised to during their Drivers Education program. Also,
Outside/Community Activities: learn that, as a teenager, I was a member of a rifle we have adapted Teen RIDE to a yearlong Ser-
• Friends of Princeton Library and pistol team,achieving marksmanship status. vice Learning Project for 9th graders (called
• Massachusetts Audubon Society Safe Ride/Safe Drive) at South High.This pro-
• Princeton Land Trust Michael P. Hirsh, MD gram teaches younger students the impor-
tance of being a safe passenger (using seat-
Tell us about what you do.
Division Chief of Pediatric Surgery and Trauma
UMass Memorial Children’s Medical Center belts, avoiding distractions, assessing the safe-
I am a health care lawyer focused on pa- ty of the driver) as a prelude to taking Drivers
tient care.This means helping care providers
figure out how best to care for incapacitated
Larry Garber, MD “Wellness
Ed and becoming a teen driver.

patients, patients who are at the end of life, pa- Medical Director for Informatics promotion is where What is the biggest obstacle you have had to overcome?
tients whose behavior may be the result of Fallon Clinic Hirsh: Injury prevention is not a field that
the future of
mental illness or other disease,all the while re- will bring new patients into the hospital sys-
maining within the confines of law that may “Last year I climbed medicine lies.” tem. On the contrary, if successful, injury pre-
be vague or outdated. Mt. Kilimanjaro, vention will reduce admissions.
The new shift towards wellness promotion
Why do you do what you do? a 20,000 foot
and preventive care has finally caught up to
I like to help people.This may sound trite mountain in us as a model for this shift. But for many years,
and overused, but it is true. Tanzania. It was it was hard to finance prevention programs
By helping physicians, nurses and other easier than because we didn’t “make money” in the old
professionals focus on their clinical skills,
rather than worry about legal consequences, I implementing an Mariann M. Manno, MD scheme of fee for service.

am helping them develop confidence in their electronic health Director of Pediatric Emergency Medicine Who is your role model and why?
practice and am indirectly helping the patient care record system.” UMass Memorial Children’s Medical Center Hirsh: Dr. Barbara Barlow, the founder of the
and their family. Injury Free Coalition, set up her program in
Tell us about what you do. “The sadness and Harlem in New York City.
What is your proudest achievement? I am an internist at the Fallon Clinic, as well She took an area that many thought was
Professionally, graduating from nursing as Medical Director for Informatics. I led the im-
frustration of
impossible to improve and found that with
school and then graduating from law school plementation of an electronic health records witnessing how her injury prevention programs she could re-
are two events of which I am most proud. system for our 250 physicians, including inter- injuries negatively duce injuries there by 60 percent. She is still
Personally, bringing up three children to be- faces to five regional hospitals, a home health impact the lives of active at age 70 and has spread her gospel
come successful adults with happy families is agency, a reference lab, an imaging center, a throughout the United States.
the achievement that brings a smile to my quality data center and a health plan. kids and their
face most often. families has fueled Manno: Dr. Barry Hanshaw, who was the Chair
Why do you do what you do? my passion for injury of Pediatrics while I was a Pediatric Resident.
What is the biggest obstacle you have had to overcome? I recognize the potential benefits,as well as
Professionally, the transition from nursing to the potential harms,that can result from infor-
prevention work.” He was a scientist and a master clinician. I
learned so much from him. But most of all, his
law presented more challenges than I had an- mation technology interventions. I find it re- kindness, gentleness and patience during
Tell us about what you do.
ticipated. warding to know that the work I do maximizes challenging times was an example to me of
Scientific reasoning is deductive,meaning the benefits and minimizes the risk of harm to Hirsh: We run a busy Pediatric Trauma Pro-
gram for children under 18 years of age with how to approach others and solve problems.
that you start at the beginning, build your my patients and the patients of my colleagues.
knowledge and see where it takes you. Legal over 550 admissions per year. Our injury pre-
vention program provides information about Given the recent passage of the new health care reform
reasoning is inductive,meaning that you start What is your proudest achievement?
preventing child passenger injuries, teen dri- law, what do you consider the biggest challenge facing
at the end and then find the knowledge that I designed and led the implementation of a doctors and the health care industry today?
supports that end. It took me a long time to re- federated Health Information Exchange (HIE) ving problems, home and outdoor injuries,
gunshot wounds, ski and sports-related in- Hirsh: We must be willing to embrace the
ally understand the difference between these known as SAFEHealth. notion that caring for illness and injury after
approaches. This HIE allows patients to give“opt-in”con- juries.
the fact is going to bankrupt the system and
Personally, my trek through three major sent and transfers clinical information in a man- cause needless morbidity and mortality.Well-
surgeries forced me to really see health care ner that is convenient to patients and fits into Manno: I am the director of the Pediatric
ness promotion is where the future of medi-
through the patient’s eyes. Even after years as a the workflows of busy health care workers. Emergency Department at UMass Memorial
cine lies.
critical care unit nurse, I did not fully appreci- Children’s Medical Center.This is a very busy
ate the importance of a soft voice, a pat on the What is the biggest obstacle you have had to overcome? Pediatric ED and a Level One Trauma Center.
Manno: As more patients have access to and
hand, complete information delivered in a Balancing priorities with limited resources, As a pediatrician and emergency physi-
can afford medical care, health care systems and
compassionate manner or the mere presence both professionally and personally. cian, I treat many children and teens with seri-
providers need to have the capacity to care for
of a caring individual who would listen. ous injuries from preventable causes.
more patients in a cost effective manner.
Who is your role model and why? Indeed, between the ages of one and 19
Given the recent passage of the new health care reform My older brother,Gary. He was never afraid years, more children die from preventable What would be your dream job (other than your current
law, what do you consider the biggest challenge facing to take on challenges. causes (accidents) than from all other causes one)?
doctors and the health care industry today? He wrote a computer operating system to combined.The sadness and frustration of wit- Hirsh: I would love to be one of three
While I think health care reform has been compete with DOS, the precursor to Windows. nessing how injuries negatively impact the things: Surgeon General, broadcaster for the
creeping its way into society even before the He wrote his own markup language to com- lives of kids and their parents/families has fu- New York Mets or a Civil War history professor.
passage of this legislation, I think the mandate pete with HTML, the core of the Internet. eled my passion for injury prevention work.
to “do more with less” will be our biggest chal- He did these long before most knew what What is one thing people don’t know about you?
lenge. these were, and he did them as a practicing Why do you do what you do? Hirsh: I am the only child of a couple who
I say this because that statement has many cardiologist. He did them because he knew Hirsh: Children are the most precious re- met in their teens in a concentration camp
permutations. First, it will require that we com- how they could help others. Gary knew no source in our society. It is their birthright to be during World War II.As a first generation
pletely change the way we deliver health care. limits. safe. American and the son of Holocaust sur-
We are going to have to effectively focus on We,as responsible adults, should pave the vivors, I believe my life’s work has been a trib-
education and prevention. Given the recent passage of the new health care reform way for their safety with education and im- ute to my parents’ ability to survive with dig-
Second, we’re going to have to turn pay- law, what do you consider the biggest challenge facing proved product safety and activity choices so nity and hope.
ment strategies on their heads so that those doctors and the health care industry today? that we don’t squander this resource. They instilled in me a deep and abiding
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-17

Leaders in Quality
love for freedom and for the importance of overall performance of the Foundation. Finally, the more resources we devote to Outside/Community Activities
protecting children from the ravages that they I work with the board to set strategic direction health care, the less we will have to spend on • Past President,American Board of Pathology
faced 70 years ago. and shape policy, and work closely with staff on other things that have a profound effect on • Board of Directors,American Board of Med-
program, administrative and financial matters, and overall health including ensuring access to ical Specialties
Manno: I am writing a cookbook that com- with Blue Cross Blue Shield corporate leadership. high quality education, adequate housing and • College of American Pathologists
bines family favorite recipes and photography. I am also responsible for building and sustain- public health investments. • Board Member, Berkshire Area Health Edu-
ing a diverse range of partnerships and relation- cation Center
ships with community organizations, grantees, What would be your dream job?
policymakers, government officials and others. Tell us about what you do.
I have my dream job!
I am president of a six-member physician
specialty group practice, based in a communi-
Why do you do what you do? What is one thing people don’t know about you?
Sarah Iselin I believe that health care is a right, not a Most people don’t know that I went to the
School of the Art Institute of Chicago for col-
ty teaching hospital, where we’ve created an
excellent residency training program.
President privilege,and I am committed to working to We have developed a successful lab out-
Blue Cross Blue Shield of Massachusetts Foundation make sure everyone – especially the most vul- lege to study photography, printmaking and reach program that is second largest in New
nerable among us – has access to high quality, art history. England. Quality has always been top priority
affordable health care. in our organization.
“I am committed
to working to make Why do you do what you do?
What is your proudest achievement?
sure everyone – I am proud of being a part of the community
I love my profession and the people that I
have the opportunity to work with to provide
especially the most
vulnerable among
that came together to pass and implement the
Massachusetts health reform law,which has result- Rebecca L. Johnson, MD the best possible patient care for pathology
and lab services.
us – has access ed in more people having health insurance here in Chair, Department of Pathology & Clinical Laboratories
the Commonwealth than anywhere in the nation. Berkshire Health Systems What is your proudest achievement?
to high quality,
Receiving the 2010 South Illinois University
affordable Given the recent passage of the new health care reform
“I love my School of Medicine Distinguished Alumni
law, what do you consider the biggest challenge facing
health care.” doctors and the health care industry today? profession and Award.
Unless we control the growth in health care I am also very proud to have served as Pres-
Outside/Community Activities:
the people that I ident of the American Board of Pathology and
spending, we are going to face tough choices
• Board of Massachusetts Health Policy Forum ahead.
have the opportunity Chair of the Accreditation Council for Gradu-
It will become increasingly challenging to to work with to ate Medical Education Residency Review
sustain our accomplishment of extending provide the best Committee for Pathology.
Tell us about what you do.
I lead one of largest private health philan- health coverage to nearly every resident of possible patient
Massachusetts. Small businesses already strug- What is the biggest obstacle you have had to overcome?
thropies in Massachusetts, focused on improv- care for pathology
gling in this tough economy will find it increas- There’s no such thing as obstacles, only op-
ing access to health care and health coverage.
I am responsible for the daily operation and ingly difficult to continue to cover their workers. and lab services.” portunities.

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Page B-18 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Leaders in Quality
Who is your role model and why? What is one thing people don’t know about you? • Massachusetts Quality & Cost Council
Dr. Grant Johnson (no relation), the Chair- I prefer to vacation at home. Jeffrey H. Liebman, • Massachusetts Department of Public Health
man of Pathology at my medical school. Birth Defects Monitoring Program
His love of medicine, inquiring mind and MBA, DMD • Shrewsbury School Committee
enthusiasm for pathology inspired me to pur- CEO
sue this vocation. Beth Israel Deaconess Hospital-Needham Tell us about what you do.
I work in a small private practice in obstet-
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
Sharon Lane, RN, MSN “I have a deep
rics and gynecology.We implemented an elec-
tronic health records system eight years ago,
doctors and the health care industry today? Senior Director of Patient Safety belief that it is including adopting patient tracking,
Reforming the way care is delivered and paid Dana-Farber Cancer Institute extremely important test/consult tracking, etc.
for.There will be revolutionary changes in deliv-
to make sure people Why do you do what you do?
ery systems and different incentives for payment. “I have always have access to high I enjoy practicing medicine, running a “test
What would be your dream job (other than your current
been interested quality health care kitchen” for information technology and work
one)? in improving the in their local flow.Also I enjoy the practical aspects of pub-
Being a gardener. quality of patient lic health and performance measurement.
community.”
What is one thing people don’t know about you?
care and especially What is your proudest achievement?
I grew up on a farm in rural Minnesota. making care safer.” Outside/Community Activities: Getting into medical school – that opened
• Rotary Club the door to all that followed.
• Massachusetts Hospital Association
• Children’s Museum, South Dartmouth, Mass. Who is your role model and why?
Tell us about what you do. My role model is Mortimer Rosen, who was
Tell us about what you do. department chairman during my residency.
I am the Senior Director for Patient Safety.
I am President and CEO of Beth Israel Dea-
Bruce Karlin, MD My role is to identify safety risks in caring for
oncology patients at Dana-Farber.
coness Hospital,an independent community hos-
He placed professionalism at the top of his
list. He had extraordinary skills in reading peo-
Internist pital in Needham,as well as Affiliated Physicians ple, inspiring them and building teams.
I work with hospital leadership as well as
Worcester, Mass. Group,an integrated physician network that in-
staff to identify problems and then I lead mul- cludes more than 160 physicians at 31 clinical sites Given the recent passage of the new health care reform
tidisciplinary teams focused on improving the and treats more than 500,000 patients per year. law, what do you consider the biggest challenge facing
“I enjoy making identified aspects of patient care. In the past year, we expanded the hospital, doctors and the health care industry today?
the community I led a team that redesigned the process for adding 40,000 square feet that includes a Massachusetts is dependent on the health
nurses to double check chemotherapy doses brand new Emergency Department and 20
work better.” care industry for jobs and prosperity, yet the state
before administration. new private inpatient rooms.Additionally, the needs to wind down the role of health care in the
I have worked to introduce the concepts of hospital was recently ranked in the top one
teamwork and communication to clinicians and economy if costs are to come under control.
percent for patient satisfaction.
Doctors need to work within systems while
staff throughout Dana-Farber. I successfully start-
Why do you do what you do? serving patients as a first priority; they need to try
ed a program at Dana-Farber where nurses report
I have a deep belief that it is extremely impor- to practice evidence-based medicine, but must
“near misses”related to medication administra-
tant to make sure people have access to high also take care of the majority of circumstances in
tion.We use those cases to analyze our systems
quality health care in their local community. which good evidence is not available.
for faults and develop improvement projects.
Outside/Community Activities:
What is your proudest achievement? What would be your dream job (other than your current
• Town Moderator, Hopkinton Why do you do what you do? one)?
I am most proud of my daughters.
• Violinist,Metrowest Symphony Orchestra I have been a nurse for over 25 years. I have al- National Thought Leader!
• Board Member,Concord Chamber Music Society ways been interested in improving the quality of What is the biggest obstacle you have had to overcome?
• Past President,Worcester District Medical Society patient care and especially making care safer. The biggest obstacle I have overcome is deal- What is one thing people don’t know about you?
• Moderator for MMS’s television show – Physi- I have worked at Dana-Farber for over 20 ing with certain political forces that are resistant I’m a big Elvis fan.
cian Focus years and I love what I do. Improving patient to change for the good of the population.
safety in oncology has been my passion for
Tell us about what you do. Who is your role model and why?
many years. I have spoken nationally on the
I am in private primary care practice in My role model is Dr. Paul Farmer because
topic and made a video to educate nurses in
Worcester. I am active in the medical society, of his tireless energy and dedication to im-
the safe administration of chemotherapy. proving the lives of others.
spearheading initiatives in secure physician e-
mail, public access television shows and com-
What is your proudest achievement? Given the recent passage of the new health care reform
Eugenia Marcus, MD
munity immunity, where we test the emer- law, what do you consider the biggest challenge facing Pediatric Health Care at Newton-Wellesley
My proudest achievement was helping Dana-
gency response by giving yearly flu shots. doctors and the health care industry today?
Farber to improve its clinical systems and restore
its reputation as a high quality organization after The biggest challenge will be the ability to “I think we are on
Why do you do what you do?
the chemotherapy overdoses in 1995. have adequate financing for health care services. the verge of huge
It’s fun. I enjoy making the community work
better. What would be your dream job (other than your current breakthroughs in
What is the biggest obstacle you have had to overcome? one)? our knowledge of
What is your proudest achievement? I have had to overcome skepticism from My dream job would be leading an interna-
some clinicians about the potential risks to tional effort to improve access to health care
disease management
Raising four wonderful children – although
the results are more a reflection of my wife’s patient safety,especially in the early years services in underdeveloped areas. and prevention when
patience and calm. when people truly believed errors were only we can connect all
made by unskilled clinicians. What is one thing people don’t know about you?
I support several educational organizations the databases and
What is the biggest obstacle you have had to overcome?
I find it hard to focus and have a wide vari- Who is your role model and why? and volunteer time and resources to help sup- utilize the information in a positive
port high school and college students. manner.”
ety of interests.To get things done requires In the patient safety world,my role model is
great energy in avoiding distractions. Atul Gawande.
Outside/Community Activities:
His books inspire me and I am in awe of his
Who is your role model and why? ability to communicate the importance of pa- • Massachusetts Medical Society
My father. He was a consummate practitioner. tient safety work to both clinical and lay audi- • Massachusetts Chapter President,American
Academy of Pediatrics
I often think that my idiosyncrasies are my
own and then learn another anecdote about
ences by telling compelling patient stories.
B. Dale Magee, MD • Vice Chair, Council on Clinical Information
my dad, which further demonstrates from Obstetrician-Gynecologist Technology
Given the recent passage of the new health care reform
where that idiosyncrasy evolved.These idio- law, what do you consider the biggest challenge facing Shrewsbury, Mass. • Health Advisory Council for City of Newton
syncrasies are the essence of good practice. doctors and the health care industry today? • Community Rowing
We need to improve our ability to measure “I enjoy practicing Tell us about what you do.
Given the recent passage of the new health care reform quality outcomes in the health care arena.
law, what do you consider the biggest challenge facing medicine, running I’ve been in clinical pediatric practice for
Care needs to be evidence-based and mea-
doctors and the health care industry today? a ‘test kitchen’ 40 years.
surements must be developed. I built a successful practice from scratch.
Rational rationing of health care. for information
If a treatment is not evidence-based and cost I’ve been a very early adopter of electronic
Right now the rationing comes through the
effective it will not be reimbursable in the near fu- technology and medical records and built the first pediatric
insurers.I think providers and consumers
need to make the tough decisions together. ture. Clinicians need to participate in this process work flow.” knowledgebase for NextGen Healthcare Infor-
and not allow quality to be dictated by those mation Systems. I am currently a physician
What would be your dream job (other than your current who do not understand clinical care. consultant for them part time.
one)? I am also co-chair of the child health work-
Quality engineer for medicine. I think it would What is one thing people don’t know about you? Outside/Community Activities: group for the Certification Commission for
be interesting to work with providers to stream- I was bitten by a panda bear while traveling in • Worcester Infant Mortality Reduction Task Force Health Information Technology. I shepherded the
line many of the processes to provide care. China in 2006. Not many people can say that. • Worcester County Child Fatality Review Team pediatric functionality requirements for electron-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-19

Leaders in Quality
ic medical records for the certification process. tion in a positive manner. • Tufts Medical School Alumni Association al long-term results.
The health care reform law is needed and • ProMutal Group Board Member Also, despite the existence of electronic
Why do you do what you do? long overdue.The medical community will records, there will definitely be an increase in
I love what I do. I could retire but I don’t have to adjust to the needs of the population Tell us about what you do. paperwork. Further, the electronic records
want to.The health information technology in providing care at an affordable price. I’m a general surgeon in Norwood, Mass. themselves are challenging because their im-
field is exploding and it’s too exciting to bow Prior to this,I worked in the U.S.Army Medical plementation requires training and time that
out. I feel I have a lot more to contribute. What would be your dream job (other than your current Corps and also served as the president of both doctors simply do not have.
I continue to maintain a clinical practice. one)? the Massachusetts Medical Delegation to the Finally, the regulations are increasing while the
It’s my proving ground for trying out new infor- The opportunity to further IT for pediatrics. AMA and the MMS. reimbursements for services are decreasing.
mation technologies, and I really enjoy my pa- I’m currently doing some of this, mostly in the
tients as they grow and eventually take care of volunteer arena and with limited resources. Why do you do what you do? What would be your dream job (other than your current
their own children. Actually, my dream job would be to have more I do what I do for three reasons. First, I love to one)?
resources to do what I do now. help people help themselves. Second, I have a job To be a world traveler with a limitless budget.
What is your proudest achievement? where I can help those who are suffering and
My kids: Jeffrey who is a wildlife biologist need help the most.And third, I do what I do in
and Helena who is a teacher. order to teach other physicians and surgeons.

What is the biggest obstacle you have had to overcome? What is your proudest achievement?
The biggest obstacle was early in my career
where there were limited opportunities for
Philip E. McCarthy, MD My proudest achievement is my marriage
to my lovely wife and the six amazing chil-
Dolores L. Mitchell
women in medicine and the legitimacy of their General surgeon dren that we’ve raised together. Executive Director
professional competency was always in question. Norwood, Mass. Group Insurance Commission
Child care options were limited. I managed all What is the biggest obstacle you have had to overcome?
the executive functions of the home and the of- “Everyone who has Regulations and far too much paperwork “The stimulation
fice and the kids. It was a time when women had strived to help are my major obstacles to doing what I love: of working in
to do it all and carry the burden that if they stum- helping patients.
bled, all of women in medicine were blamed. relieve the suffering government, even
of the infirm and Who is your role model and why? in tough times, is
Given the recent passage of the new health care reform unfortunate is a role I have so many.Everyone who has strived to help energizing and
law, what do you consider the biggest challenge facing relieve the suffering of the infirm and unfortunate is
doctors and the health care industry today? model. Their calling nothing outside
a role model.Their calling is man’s ultimate goal.
The biggest challenge is to get all of medi- is man’s ultimate seems anywhere
cine “wired” securely and with interoperability. goal.” Given the recent passage of the new health care reform near as interesting.”
I think we are on the verge of huge break- law, what do you consider the biggest challenge facing
throughs in our knowledge of disease man- Outside/Community Activities doctors and the health care industry today? Outside/Community Activities:
agement and prevention when we can con- • American Medical Association Government oversight is going to be prob- • Big Sister Association
nect all the databases and utilize the informa- • Massachusetts Medical Society lematic, as it tends to value statistics over actu- • Massachusetts Women’s Political Caucus
BID-N JL RXforExcellence ad with b+w logo.ƒ_Layout 1 8/11/10 5:06 PM Page 1

The Massachusetts
Jeffrey H. Liebman, MBA, DMD Medical Law Report calls
President and Chief Executive Officer
Beth Israel Deaconess Hospital-Needham
him a leader in quality.
We’ve known that for years.

We at Beth Israel Deaconess Hospital-


Needham take great pride in
congratulating our President and Chief
Executive Officer Jeffrey Liebman for
being named a recipient of the
Massachusetts Medical Law Report’s
2010 RX for Excellence Award. Jeff’s
leadership inspires us to always provide
safe and quality health care for all.
Page B-20 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Leaders in Quality
• Watertown Democratic Town Committee Given the recent passage of the new health care reform What would be your dream job (other than your current

Tell us about what you do.


Senate President law, what do you consider the biggest challenge facing
doctors and the health care industry today?
one)?
I’d love to be a guide on hiking trails or lead
As Executive Director of the GIC, my role is to Therese Murray One of the greatest challenges that doctors urban walking tours in great cities.
direct the agency in developing programs that of- Massachusetts Senate and the health care industry will be facing
fer our enrollees comprehensive, quality health following the passage of federal health care
coverage at rates that are as affordable as possi- reform is the need to expand services while
ble.To that end, we devise benefit programs, solic-
“At the end of the controlling cost.
it bids from health plans and other providers, ne- day, it isn’t about As more and more individuals are able to af-
gotiate contracts with the bid winners and moni-
tor performance on an ongoing basis.
your title or how
much power you
ford health insurance, this will cause greater pres-
sure on an already strained system to keep up
Kenneth E. Sands,
We seek to be leaders in the field and we
try to use our visibility as one of the largest have, it is about how
with the demand.Already we have shortages in a
number of fields, most notably primary care.
MD, MPH
purchasers of health care in New England to you use what you As federal health care reform is implement- Senior Vice President and Medical Director of Health
push for better services, better prices and in- have to help people.” ed, the health care industry will need to adapt Care Quality
novative programs to improve quality.We to the caring for more patients, and doing so Beth Israel Deaconess Medical Center
spend a fair amount of time in collaborative in a more efficient and effective way.
efforts with other agencies, other purchasers, Outside/Community Activities: “I am immensely
and with a variety of state and national organi- • Massachusetts Public Health Association proud of
zations working on the same kinds of issues. • Barnstable and Plymouth Area Health Advi-
And last, but not least, because we are cur- sory Boards
establishing a
rently spending over $1.5 billion of Massachu- • UMass Gerontology Centers’ Community Ad- system that has
setts taxpayer dollars, we are extremely inter-
ested in working on ways to lower the con-
visory Board
• Statewide Breast Cancer Advisory Board
Jeffrey Samet, MD allowed us to
Professor of Medicine and Chief of General Internal see a measurable
stantly escalating costs of health care. • Upper Cape Lung Cancer Advisory Board
• Attorney General’s Elder Protection Advisory Medicine, Boston University School of Medicine decrease in the
Why do you do what you do? Committee Medical Director, Boston Public Health Commission’s occurrence of
Providing health care to thousands of people • Community Advisory Committee on Substance Abuse and Treatment Services
preventable harm over several years.”
that is of high quality and reasonable cost (al- Leukemia
though the latter is getting harder and harder to “I am proud Outside/Community Activities:
do) is a rewarding way to spend one’s work days. What is your proudest achievement?
of mentoring • Board of Directors, MassExcellence
The challenges are enormous; the stimula- I authored and passed legislation in 2001 • Board of Directors, Lands Sake Farm,Weston,
tion of working in government, even in tough that created the Catastrophic Illness in Chil- outstanding
Mass.
times, is energizing and nothing outside seems dren Relief Fund, one of only two in the na- young clinical
anywhere near as interesting. tion (the other in New Jersey), to help families investigators Tell us about what you do.
pay large medical bills.
Another achievement that I am extremely in alcohol and As senior vice president at Beth Israel Dea-
What is your proudest achievement? coness Medical Center, I have tried to create a
Personally, having a great marriage and proud of was in March 2007, when my colleagues drug abuse and
program for open and precise discussion of
three children, all of whom are productive elected me to be the first woman President of the HIV research.”
Senate in the history of Massachusetts. patient harm and its prevention.
adults that are contributing to society in their BIDMC has put in place specific definitions
Other achievements include authoring Outside/Community Activities:
own fields of work. of harm and preventability, and tries to cap-
comprehensive welfare reform legislation and
• Board of Trustees,Temple Beth Shalom, ture and assess all events within the same
What is the biggest obstacle you have had to overcome? securing its passage in 1995; co-sponsoring the
Needham, Mass. framework to allow accurate reporting and
Mental Health Parity Bill that passed into law
It was hardest moving into fields about sharing in the hopes of maximizing the learn-
in 2000; co-authoring and passing the Health
which I had no previous experience or knowl- Tell us about what you do. ing from adverse events.
Care Quality and Cost-Containment Act of
edge and making it through the learning curve My professional life involves a primary care
2008, which we considered to be phase two of
without making any disastrous mistakes. the Commonwealth’s landmark Health Care practice that includes a disproportionate number Why do you do what you do?
Reform Act of 2006; sponsoring and passing of patients with alcohol and drug dependence, My job is a superb combination of clinical
Who is your role model and why? the vast majority of whom are in recovery, many care and health care operations that allows
children’s mental health legislation in 2008;
I have had many people from whom I’ve and co-authoring and passing comprehensive of whom are receiving pharmacotherapy for their me to see the impact of our existing health
learned and whose knowledge or style I have emu- transportation reform in 2009. addiction, some of whom have HIV infection. system at both the individual and the “macro”
lated.One who stands out for neither style nor It is here that I saw incredible need and a level. I do what I do because I get to see the
knowledge is Mike Dukakis,whose ethical stan- Who is your role model and why? terrific opportunity to address that need. I benefits reflected in tangible improvements in
dards about government continue to influence me. First and foremost,my mother.Raising me and serve as Medical Director of the Boston Public the care of patients at our medical center.
my sisters in Mission Hill and Dorchester,my par- Health Commission’s Substance Abuse Pre-
Given the recent passage of the new health care reform ents set the example of the benefits of hard work. vention and Treatment Services. What is your proudest achievement?
law, what do you consider the biggest challenge facing I lead the academic section of more than I am immensely proud of establishing a sys-
My mother worked full-time when women were
doctors and the health care industry today?
not typically out of the home and in the work 100 general internists who practice medicine, tem that has allowed us to see a measurable
There are two major challenges, and which is force,and my father sometimes worked three jobs. both primary care and hospital medicine, en- decrease in the occurrence of preventable
the chicken and which is the egg is debatable. It is because of my mother, whose name was gage in clinical research and educate the next harm over several years.
The challenges are are becoming part of generation of physicians.
Helena but who went by Eleanor, that I think I
the solution to the cost problem and acceler- What is the biggest obstacle you have had to overcome?
was so drawn to Eleanor Roosevelt as an inspira- I am involved with several research projects
ating the move from a fee for service delivery
tion during my professional career. She showed addressing patient issues with receipt of med- Resistance to the concept that there was
and payment system to a more integrated,
all of us that women can be a force in politics ical care for treatment and prevention of ad- value in accurately defining harm and pre-
team-based delivery system.
and bring about great change in the world. dictions as well as HIV prevention internation- ventability, and resistance to open discussion
The chicken/egg question is even more com-
Eleanor Roosevelt is an inspiration because ally, in Russia predominantly. about harm.
plicated, given the complexities of the federal
she talked about issues and accomplished many My accomplishments have revolved around
health care legislation, the prolonged roll out of
things most women of that time would not dare providing treatment for people with alcohol and Who is your role model and why?
the many facets of the legislation, and the fact
approach. She broke from the traditional First drug dependence and getting individuals with I consider myself to have many role models.
that all the regulations are not yet out for com-
ment – much less for final promulgation. Lady role by dedicating herself to causes such as HIV infection into medical care. Among those that have mentored me di-
For the next few years, there will be some the abolition of child labor, the establishment of rectly, Richard Platt, Chair of the Harvard Med-
provisions that will cost purchasers more a minimum wage and civil rights. What is your proudest achievement? ical School Department of Population Medi-
money, but they will also improve the lives and Even when she was no longer First Lady,she Besides my three boys, I am proud of men- cine,is a role model for his commitment to a
health of many American citizens. continued her activism as a delegate to the United toring outstanding young clinical investigators scientific approach to understanding care de-
We also know that some of the provisions Nations,and because of her tenacity and passion in alcohol and drug abuse and HIV research, livery, his ability to communicate in a way that
will make for more efficient delivery of for civil rights was elected unanimously to chair as well as effectively supporting an incredible is both precise and engaging, and his commit-
health care services – for example, the use of the newly-created Commission on Civil Rights. group of academic general internists. ment to lifelong learning and teaching as inte-
electronic medical records to provide more Eleanor Roosevelt understood that serving gral to health care delivery.
accurate, complete medical information your country is one of the greatest honors, and Who is your role model and why? Among historical figures,I admire Teddy
where it is needed.There is hope that, in that is how I feel about serving as a Senator Thomas Edison. He was incredibly persis- Roosevelt for his endless optimism, his cre-
time, it will also save money. Comparative ef- and as the first female President of the Massa- tent, creative and productive. ative vision, his passion for the environment,
fectiveness research also has that potential, if chusetts Senate.She understood that the real and his willingness to take on tough causes.
purchasers will use its results to guide their achievement was not winning an election, Given the recent passage of the new health care reform
benefit design. I could go on and on, but, to but, once you are in office, doing your best for law, what do you consider the biggest challenge facing Given the recent passage of the new health care reform
me, the future looks exciting, challenging your community, state and country. doctors and the health care industry today? law, what do you consider the biggest challenge facing
and demanding. These are qualities I admire and try to live by, It will be difficult training sufficient primary doctors and the health care industry today?
because – at the end of the day – it isn’t about care physicians to embrace all the good work The biggest challenge for providers will be
What would be your dream job (other than your current your title or how much power you have, it is that can be accomplished and creating a the transition from a fee for service model of
one)? about how you use what you have to help peo- work environment that supports collaborative payment to a bundled services model of pay-
One just like the one I currently have, but ple.As Eleanor Roosevelt said,“When you cease productive work by all in the outpatient pri- ment.The biggest challenge for the health
that works on a four-day work week schedule. to make a contribution, you begin to die.” mary care setting. care industry is to create a system that favors
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-21

Leaders in Quality
prevention and primary care and to deem- Only by taking a more respectful and systems- to be targeted for cutbacks. Instead of Medicaid Tell us about what you do.
phasize the role of subspecialty care. based view can we practice good medicine. for a few more, we need Medicare for all. I am the president of the nation’s largest re-
Also, employment-based health insurance gional medical device organization.We’ve
What would be your dream job (other than your current What is the biggest obstacle you have had to overcome? is a very shaky pillar to pin our hopes upon,
one)? helped early stage companies get financing,
Beyond lack of time to do everything that given the high unemployment rates. Business- and are involved in various congressional ef-
Chief executive of an integrated health care
needs to be done, it is achieving the right bal- es – especially small businesses – will be un- forts to reform the Food and Drug Administra-
network.
ance of a macro and a micro view and ac- able to afford health insurance costs. tion and its product approval process.
tions.As a process-minded person, it’s easy for
What is one thing people don’t know about you? me to get stuck on micro level. On the other What would be your dream job (other than your current Why do you do what you do?
I can ride a unicycle. hand,working on a big picture policy level one)? The medical device industry continues to
misses on-the-ground realities and opportuni- I currently have my dream job; so my amaze me – the new technologies and ap-
ties for improvement. dream would be to have on a planet where proaches to health care delivery are astound-
there are 50 hours in each day. ing. Improvements in surgical products and
Who is your role model and why? techniques, medical imaging and drug deliv-
One of my role models is Donald Berwick, What is one thing people don’t know about you? ery have been astounding in the last 14 years.
Gordon D. Schiff, MD for bringing process mindedness and patient How truly wonderful my busy physician
wife has been to me since I broke my foot and
Great advances have been made in overall
Associate Director, Center for Patient Safety Research centeredness to the center of health care and technology and innovation, and my job allows
and Practice my practice.Another is Quentin Young, my first am on crutches for 3+ months. me to view those advances from the begin-
Brigham and Women’s Hospital chair of Medicine at Cook County, who ning.They’re helping reduce health care costs,
showed me how bringing patients and reduce patient trauma, and speed recovery
“Only by taking a providers together can be a powerful force times. It’s pretty amazing.
for change, accountability and justice.
more respectful
and systems-based Given the recent passage of the new health care reform
Thomas J. Sommer What is your proudest achievement?
Other than my 15 year old son? MassMEDIC – I
view can we practice law, what do you consider the biggest challenge facing President was its first employee and have enjoyed develop-
good medicine.” doctors and the health care industry today? MassMEDIC ing this trade association for the past 14 years.
There are a lot of misplaced beliefs that a fi-
nancial/market incentive will somehow solve “Great advances Who is your role model and why?
the problems of our health care system. have been made in My first boss – Aliceann Wohlbruck – ran a
Quality will be driven by pre-service health small organization of economic development,
Tell us about what you do. care as a service and a right. Building the cul- overall technology the National Association of Development Or-
I am a general internist.I work with Harvard ture and processes to support that service ap- and innovation, ganizations.
Risk Management Foundation on ambulatory proach is of the utmost importance. and my job allows She taught me everything I needed to
safety,especially on diagnosis errors. People think that putting more people on know about running a trade association. Un-
Patients get lost in our complex and frag- Medicaid is a good and viable route for getting to
me to view those
der her, I learned how to lobby effectively, at-
mented health system, yet often they and their universal health insurance. However, states are go- advances from the tract members and create an organization
physicians get blamed for things that go wrong. ing broke and health plans for the poor are likely beginning. ” that is of great value to its members.
BIDMC MMLR ad ƒ_Layout 1 8/12/10 11:14 AM Page 1

Healthy is
being a champion of quality health care

We congratulate Kenneth Sands, MD, Senior Vice President, Silverman Institute for Health Care
Quality and Safety at Beth Israel Deaconess Medical Center and Jeffrey Liebman, President and Chief
Executive Officer of Beth Israel Deaconess Hospital-Needham, for being recognized by the
Massachusetts Medical Law Report with its 2010 Rx for Excellence Award. Their contributions to our
hospitals serve as an inspiration to everyone who works with them.

Fill in YOUR blank at


bidmc.org
Page B-22 / MASSACHUSETTS MEDICAL LAW REPORT SEPTEMBER 2010 / MMLR

Leaders in Quality
Given the recent passage of the new health care reform Tell us about what you do. cine and implementing fair and reasonable li-
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Thomas E. Sullivan, MD I’ve been taking care of patients since 1969. ability reform.
Cardiologist It was my responsibility to hire, lead and man-
For my industry, the new medical device Danvers, Mass. age the doctors in a non-profit staff model What would be your dream job (other than your current
tax will force companies to consider increas- HMO from 1985-1995. one)?
ing prices or making cuts in research and de- I can’t think of any better job, other than
velopment. I’m still unsure about how this will “I can’t think of Why do you do what you do? one that helps to accelerate the near miracu-
affect doctors, patients and medical technolo- any better job, I’m deeply driven by the memory and ex- lous recent advances in healing the sick and
gy companies. Hopefully it will be positive. other than one ample of my parents (my father was a physi- promoting wellness.
As more people are covered, my hope is cian, my mother was a nurse) in both my pro-
that helps to
that the law will create a more efficient fessional and my spiritual life.
method of developing health care and deliv- accelerate the
ering it to citizens.That said, a lot remains to near-miraculous What is your proudest achievement?
be seen. recent advances My 38-year-long marriage, and raising a fam-

What would be your dream job (other than your current in healing the sick ily with three children.Also creating and intro-
ducing innovative IT tools to make patient
David C. Turner
one)? and promoting wellness.” care better and easier for physicians.
President and CEO
To own and operate a second hand book- Masonic Health System of Massachusetts
store. Outside/Community Activities: What is the biggest obstacle you have had to overcome?
• Massachusetts Medical Society Resistance to change has been very diffi- “My proudest
What is one thing people don’t know about you? • Tobacco Free Massachusetts cult, mostly from outside the medical field but achievement is
I’m an avid reader and read at least one • Created and chaired the first IT committees sometimes from within.
book per week. at MMS and the AMA when I look around
Who is your role model and why? at the quality of the
My parents,who were able to combine pro- staff members with
fessionalism, compassion, equality, spirituality whom I have the
and the importance of education in a family
privilege to work.”
Visit our website with seven children and many close relatives.

www.mamedicallaw.com Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing Tell us about what you do.
doctors and the health care industry today? Masonic Health System offers senior care
It’s going to be difficult to re-align incen- services across the continuum primarily con-
tives to rebalance the supply of primary care sisting of three campuses located in Lincoln,
physicians, while making health care more af- Charlton and Northampton. MHS also offers
fordable, reducing anti-trust barriers for physi- home and community based services
cians, encouraging more “teamwork” in medi- throughout the Commonwealth via Overlook

Need more copies of Massachusetts


Medical Law Report for your
hospital or medical office?

Contact the editor, Reni Gertner, at


reni.gertner@mamedicallaw.com
or 617-218-8142.
Reprints
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAW REPORT / Page B-23

MASSACHUSETTS MEDICAL LAW REPORT


Leaders in Quality
Visiting Nurse Association.
Over the past ten years we have grown from Gordon C. Vineyard, MD
a stand-alone skilled nursing facility in Charl- Chairman of the Board Emeritus
ton caring for approximately 169 residents to a Massachusetts Health Data Consortium

The convenient, affordable


full continuum of services across Massachu-
setts with an average daily census of almost
2000.
“My goal has

way to add depth and style


Revenues have increased from under $10 always been to
million in fiscal 2000 to a projected $65 mil- leave the world
lion for fiscal 2010. better somehow.”

to your marketing program:


Why do you do what you do?
We owe the lives we live today to our se-
niors. It was their hard work and dedication
that provided the opportunities and benefits

• Enhance marketing packages and press kits


we enjoy. Our current senior care industry is
woefully inadequate – at best we still ware-

• Provide practice specialty literature


house our seniors.We can and must do better. Tell us about what you do.
We must work to move the power and con- I’m retired but I served as chief of surgery for

• Develop direct mail and e-mail campaigns


trol from providers to the seniors and their Harvard Vanguard for 10 years. I was also the
families.We must work to provide more deci- chairman of the board for Massachusetts Health

• Present information at conferences and seminars


sion making and influence by the direct care Data Consortium, working to implement electron-
worker. ic medical records across the state.

• Provide instant access to articles on your website


I have a background in electrical engineering
We will move our industry from a reactive
and think that electronic medical records are
medical model to a proactive wellness contin-
crucial to coordinating information across
uum with empowered seniors making in-
health care providers. Massachusetts and New
formed choices about how they want to live.
England are especially good at sharing informa-
tion, in large part due to EMR implementation.
What is your proudest achievement?
However,the system is still quite flawed –
Professionally, my proudest achievement is it’s misleading to even call it a system. Our in-
when I look around at the quality of the staff dustry is more like a collection of specialized
members with whom I have the privilege to
Reprints
Pre-Sorted Standard

excellence that’s uncoordinated to a specific


U.S. Postage Paid
Boston, MA
Permit No. 55916
Address service requested

work. I not only have the greatest confidence


Lawyers Weekly
A Publication of 10 Milk Street, 10th Floor
Boston, MA 02108

purpose.The purpose should be affordable


Vol. 5, No. 5 July 2010
$10.00 per copy
www.mamedicallaw.com

in my team, but we also have a great deal of Paper reprints of articles, book reviews,
and efficient patient care, but that’s hardly the Rx FOR EXCELLENCE SEPT. 24 — HONOREES ANNOUNCED INSIDE — SEE PAGE 8
see page 14

fun and truly have a passion for what we are reality of what’s going on at this point. Board of Medicine releases Supreme Judicial Court
news items and verdicts & settlements are
weighs patient privilege
doing. new prescribing guidelines
First major revision of document since 2001
By Jack Dew

The Supreme Judicial Court


heard oral arguments in May in
a case that could alter the defi-
random sample of his patients.
The doctor responds that he
specializes in the psychiatric
treatment of patients who suffer
chronic pain and says his patient
produced on glossy stock, in black & white or
nition of the psychotherapist- records are protected by the psy-
By Eric T. Berkman

Why do you do what you do?


patient privilege. chotherapist-patient privilege.
The Board of Registration in
Medicine has issued its first major
revision to the state’s prescribing
guidelines in nearly a decade, giv-
The Board of Registration in
Medicine argues that it has rea-
son to suspect that a Revere psy-
chiatrist was abusing his pre-
scribing privileges and giving pa-
In 2008, a Superior Court
judge sided with the Board and
ordered the doctor – identified
in court papers as John Doe –
to turn over the records.
color. Our staff will work with you to customize
What is the biggest obstacle you have had to overcome?
ing Massachusetts physicians
clearer guidance on what they can tients inappropriate amounts of The doctor appealed to the

My goal has always been to leave the world


and can’t do. powerful painkillers. The Board state Appeals Court, and the

your reprint with your company logo,


Any action the Board takes with contends that the privilege does- SJC took the case on its own ini-
respect to prescription practice is n’t apply because the doctor tiative. Meanwhile, the Superi-
important because prescribing wasn’t acting as a psychiatrist, or Court order has been stayed
problems have always posed a se- and has sought patient pending the appeal.
records from a

The biggest obstacle we have had to over-


rious ethical trap.
Privilege at stake

better somehow. I’ve tried to make Mass.


The new guidelines – which qui-
etly took effect on May 19 – reflect Lawyers who repre-
both statutory and regulatory sent physicians

photograph and contact information.


changes adopted at both the state argue that a cru-
and federal level, as well as cial privilege is at
changes in policy since the Board stake in the case.

come was and continues to be the govern-


last revised the guidelines in Dean P. Nicastro of

Health Data Consortium better than it would


2001. Pierce & Mandell in
Significant changes include: Boston, who is not in-
Continued on page 11
©istockphoto.com
• A section on supervision of
mid-level practitioners;
• The Board’s policy on gifts

ment and others who are invested in main- have been had I not been there and to make
and inducements from the drug
and device industry;
• Guidelines on office-based
treatment of drug addiction, as
well as prescribing of controlled
substances to treat pain; and
Verdict for physician
overturned by judge
Patient dies after Thomas P. Billings granted.
The judge concluded that al-

taining the status quo.


• An updated discussion of e-

my mark in health care. prescribing. surgery on knee though the standard for order-
ing a new trial following a jury
By Jack Dew verdict is “undeniably strin-

PDF File
The goal was to combine “in gent,” the verdict in the case
one document what’s already In a rare move, a Superior was “manifestly against the
been the different elements of pre- Court judge has overturned a weight of the evidence, and that
scribing expectations and respon- jury’s verdict in favor of a physi-

Senior care is very difficult to navigate even


it is therefore my duty to set it

We’ve focused on bringing people together


sibilities,” says Russell Aims, the cian in a medical-malpractice aside and order a new trial.”
Board’s chief of staff. “By uniting case and ordered a new trial af-
[the piecemeal policy changes ter concluding that the weight History of complications
over the past decade] in a single of the evidence did not support The patient in the case, John
document that we hope is more the verdict. L. Howard, injured his knee
user-friendly and flows more logi- Following a trial in Middlesex while playing basketball in

if you work in the industry. Providers rarely to solve common problems. New England and
cally, it’ll make it easier for physi- Superior Court, a jury ruled March 2004. He went to the

Massachusetts Medical Law Report offers this


cians to understand their respon- that an orthopedic surgeon emergency room where doc-
sibilities and the Board’s expecta- should not be held responsible tors found that he had ruptured
tions.” for the death of a patient who his patellar tendon.
Massachusetts Medical Society suffered a massive pulmonary It was the second time that
President Alice Coombs applauds embolism days after undergo- Howard had injured one of his
the Board’s efforts. “[Prescribing ing knee surgery. knees. In 1998, he underwent

work collaboratively, let alone share informa- Massachusetts have been better than other
practices] are an important piece The plaintiff filed a motion surgery to reconstruct his ACL
©istockphoto.com Continued on page 16 for a new trial, which Judge Continued on page 11

versatile option for clients seeking a


tion, data and best practices. It is getting better parts of the country at getting different health
“one-size-fits-all” product. It can be posted on
but we still have a far way to go. Different ser- care entities to work together.
vice providers need to work together to pre- your website, sent out in e-mails or used to print
sent information and options to seniors to al- What is your proudest achievement? your own hard copies. Plus, it can be customized
low for informed choices. Providing first class care to my patients. I’m with logos, photos, etc. The one-time fee means
We then need to support those choices and not sure how much influence I’ve had since you never have to renew your order.
provide services when and where the senior it’s up to someone else to judge whether the
chooses – not when and where the provider contributions you make are worthwhile.
can maximize reimbursement.
What is the biggest obstacle you have had to overcome? Electronic Reprints
Who is your role model and why? Physicians haven’t had a lot of technologi- We offer specially formatted web pages
My father. He exemplified integrity. He was cal education. It’s tough for them to change with original artwork to link to from your website.
one of those individuals who just worked hard and learn to use EMRs. It’s not part of their up- Publishing your reprint online allows you to point
and did not care who got the credit. bringing or education as doctors, but they’re
trying the best they can.
immediate prospects or clients directly to your
I have often heard that dad “rarely spoke most noteworthy accomplishments. Electronic
but when he did you better listen.” He taught
Who is your role model and why? reprints represent a valuable component for any
me that your word is your most valuable pos-
From a patient care perspective, my main successful marketing campaign.
session and if you work hard with integrity
role model is Francis D. Moore, who was chair-
and faith you can accomplish anything.
man of the department of surgery at Brigham
and Women’s Hospital. He always put patients
Given the recent passage of the new health care reform
first, even as a full professor and head honcho. Custom Plaques
law, what do you consider the biggest challenge facing M A S S AC H U S E T T S www.masslawyersweekly.com

Custom-designed plaques that commemorate


doctors and the health care industry today? His commitment was incredibly inspiring. December 1, 2008

Technologically, I’d say John Halamka, the Mass. Corporation Act your achievements are the perfect complement
While the new law will alter the landscape applies retroactively
CIO of Beth Israel Deaconess Medical Center. to reprints used every day in your practice or
for health care, significant changes in regula- By David E. Frank

He has made enormous technological ad- A plaintiff shareholder involved in the dissolution
of a hair salon was entitled to dismissal of a coun-

business. Plaques masterfully house your


terclaim where the defendant, who was the only oth-

tions and reimbursement is nothing new.The


er shareholder in the company, failed to properly
make a written demand, a Superior Court judge has
ruled.

vances at that hospital, especially in his wide- The defendant argued that his counterclaim was
exempt under the 2004 Massachusetts Corporation
Act, which was enacted three years after the filing of
the lawsuit, since the demand requirements had

industry goes through periodic upheavals and spread adoption of EMR.


been waived and the original claim provided the
plaintiff with ample notice.
But Judge Thomas P. Billings disagreed, holding that
the statute, G.L.c. 156D, §7.42, should be applied
retroactively, particularly where the defendant had
amended his counterclaim in 2005 to add a derivative MARK E. BURKE NICHOLAS J. DI MAURO
reprints for display in your office, reception area
we have always found ways to survive if not
claim. While not binding, Foye, who said he has al- No excuses

or home. (The size of each custom-designed


“Here, there is no reason why [the defendant] ready been served with a motion to reconsider, said Even though the corporation consisted of only
could not have satisfied the demand requirement the decision should serve as a clear warning to cor- two shareholders, Billings said the statute clearly re-
prior to adding the derivative count to his counter- porate lawyers. quired the defendant to make a demand.
claim, and thus no reason why the statute should not “If you’re a shareholder who gets sued by a cor- He added that when the Legislature has opted on
be taken at its word, on and after its effective date,” poration, and you think you have a derivative coun- other occasions to exempt a counterclaim from a
he wrote.“Nor does the statute make exception for a terclaim, you can’t assert that counterclaim without

prosper.
demand requirement, it has done so expressly.
counterclaim.” giving notice to the corporation,” he said.“You have “I note in passing, that if ever there were a demand-
The nine-page decision is Blake, et al. v. Kennedy,

Given the recent passage of the new health care reform


to give it the opportunity to make use of its statuto-

plaque is based on the length of the article to


excused case, it would be this one,” he wrote in a foot-
et al. v. Curio Salon, LLC, et al., Lawyers Weekly No. ry rights and remedies.” note.“Nonetheless [the statute] means what it says —
12-326-08. Wakefield attorney John Connolly Jr., who rep- no excuses, and thus no need to navigate the slippery
Clear warning resented the defendant, declined to comment. slope formerly in place.”
Edward F. Foye, of Boston’s Todd & Weld, repre- Bad hair day Billings said that other judges, including Tauro,

The challenge has always been and will


sented the plaintiff along with Burlington lawyers had similarly found the demand requirement was
In 2001, a dispute arose between the sharehold-

law, what do you consider the biggest challenge facing


Nicholas J. Di Mauro and Mark E. Burke. Foye said triggered whenever a shareholder commenced a
ers of a close corporation that owned and operat-
this was the first state court decision to address the derivative proceeding.
ed a hair salon in Reading.

be mounted.)
statute’s notice requirement. “I read this (as did Judge Tauro) to include the
The plaintiff, Christopher Blake, filed suit seek-
“The message to be taken here is that any share- transformation of an existing individual action
ing various forms of relief against defendant Rus-
holder who intends to assert derivative claims by way into a derivative action, whether by counterclaim,
sell Kennedy. The original complaint named Curio
of a counterclaim has to give notice to the corpora- by amendment, or (as here) by an amended coun-

continue to be how to meet the needs and de-


Salon as both a plaintiff and defendant.

doctors and the health care industry today? tion,” he said.“The judge held that it makes no differ-
ence whether the cause of action accrued before [pas-
sage of] the statute or after.”
With the lack of state court precedent, Foye said
he relied, in part, on a 2005 decision by U.S. Dis-
trict Court Judge Joseph L. Tauro, which held that
Kennedy then counterclaimed, asserting a number
of theories including conversion.
Four years into the case, Kennedy filed an
amended counterclaim against Blake, which, for
the first time, purported to assert a shareholder’s
terclaim,” he wrote. “This is the only construction
that will ensure fulfillment of the statute’s underly-
ing purpose.”
Citing both Superior Court and U.S. District Court
rulings, Billings wrote that the 2004 statute repre-
sented a significant change from prior practices.
derivative claim on behalf of the salon. He also

mands of our seniors and our staff.As


the language of the 2004 statute entitled corpora- “Section 7.42 is a ‘universal demand’ statute,

We need to totally reorganize our industry, but


tions to notice prior to the filing of a derivate filed a third-party complaint against the salon. meaning that there are no longer situations in
claim. After a series of delays, the case was tried jury- which — as under the old Chapter 156B and still
“What Judge Tauro and now Judge Billings de- waived in June in front of Billings. under Mass. R. Civ. P 23, … demand may be ex-
termined is that the statute trumps the policy of A month earlier, a different judge entered a bi- cused on ground of futility,” he said.
free amendment pleadings,” he said.“It isn’t enough furcation order limiting the trial “to the issue of Billings similarly rejected the defendant’s argu-
simply to suggest that there might be derivative whether Kennedy had, on or before Dec. 2001, ment that the demand requirement was fulfilled

providers of health care services, the chal-


been frozen out of the [salon].”

the way modern politics works makes it nearly


claims out there in a pleading that was filed prior when he asserted his original counterclaim seeking
to the effective date of the statute.” Although Billings found that he had not, he said relief individually, which could be obtained only
the question of whether either party was entitled to on the corporation’s behalf.
relief remained open. He wrote that, for a variety of reasons, the
CASE: Blake, et al. v. Kennedy, et al. v. Curio Salon, LLC, et al., The plaintiff then filed a amended counterclaim would have been defective
Lawyers Weekly No. 12-326-08 motion to dismiss the coun- prior to the passage of the 2004 law.
terclaim, arguing that since “To the extent that these are matters of form,

lenge is to not lose sight that our true client is impossible. It’s going to be an extraordinarily
COURT: Superior Court
the addition of the derivative they might be curable — even at this late date — by
ISSUE: Was a plaintiff entitled to dismissal of a counterclaim where count was not preceded by a amendment,” he said. “Because no demand was
the defendant failed to properly make a written demand? demand on the corporation’s made, however, and because [the statute] is utterly
directors, it could not be as- unforgiving in this regard, amendment would be
DECISION: Yes serted under the statute. futile.” MLW

the seniors, their families and our staff; it is not painful and difficult process for the physicians Reprinted with permission from Dolan Media Co., 10 Milk Street, Boston, MA 02108. (800) 444-5297 © 2009 #01124vw

the government, insurance companies or oth- since the system before was about cost maxi-
er payer, or regulators. mization, where it needs to be about increasing
quality of care for patients at an affordable price. H99463

For more information on pricing or how to order,


What would be your dream job (other than your current Don Berwick’s confirmation as head of
one)? Medicare/Medicaid is going to be an arduous

please contact Joan McGonagle at (617) 218-8119


Professional golfer process, politically. He’s incredibly smart and has
great ideas, yet his confirmation is going to be

or joan.mcgonagle@lawyersweekly.com
wrought with obstacles because he’s been paint-
ed by extreme conservatives as an awful person.
www.mamedicallaw.com How do we get the political middle mobi-
lized in order to fix the system? I don’t know,
but that’s what I believe needs to happen.