Thursday, September 15, 2011

And The CA POPTS Winner By TKO is.........

The California Medical Association (CMA) is on the brink of dealing the California PT private practice effort to stop POPTS (physician owned physical therapy service) a deathblow.  CMA's funding and support of senate president Darrell Steinberg has landed them a piece of legislature (SB 543) on the desk of Governor Jerry Brown's desk that will prevent the PT Board of California from being able to take action against the PT's that are working in Medical, Chiropractic, and Podiatric Corporations.  It easily passed through the senate with a vote of 32-5 earlier today.
If signed into law, it will make the Board's interpretation of the Moscone Knox Act irrelevant.  Even though the Board feels physical therapists are working illegally for these corporations, they may very well find themselves powerless to do anything about it.
For all the fanfare the Private Practice Special Interest Group of California raised for their stalling of AB 783 (which would have flatly made these medical corporations legal by all accounts in California), they ultimately lost the fight by knockout to SB 543.  The submission of a bill that voids the Board's authority on this entire issue was brutally clever, and obviously caught the PT lobbying group with their guard down.  If passed, the anti-POPTS issue becomes about as dead as disco over night.
I have mixed emotions about this matter.  For one, I have gained a healthy respect for the power of the CMA in this state and their ability not to simply support and pass a bill, but to fund and pass an entire idea.  They wanted POPTS to stay, and worked on multiple pieces of legislation and multiple congressman/ women to make it happen.
With regard to the PT effort, maybe it is time the PT world starts admitting that going head to head with the AMA is not a great solution to many of these issues.  I'm seeing a prize fight that offers up a Heavy Weight vs. a Middle Weight.  Do PT's think they can out maneuver the CMA/ AMA?  Out spend them?  Do they think PT's have more influence in the healthcare debate then doctors do?  We might be able to slip in a jab here and there, but the probability of a knockout punch on any of the major issues of direct access, POPTS, fair representation in the ACO discussion, and equal reimbursement amongst providers is slim at best.  
If the PT leadership cannot change its tact slightly to work towards thoughtful and meaningful compromise, as other states have on some of these issues, I fear PT's are doomed to see very little change in the coming years in the state of California, and maybe even see things get worse.   By drawing lines in the sand and taking an all or nothing stance on issues such as direct access and POPTS we ultimately leave ourselves open to stark defeat.  This same flavor of politics is being played out in our nation's capital as we speak, and look how effective that has been over the past couple years!?
Hopefully this significant defeat will serve as a beacon that it is time to re-think the physical therapy position and really focus on the most important issue on the table, REIMBURSEMENT.  By doing so, PT's can make sure they don't repeat their POPTS battle mistakes when entering the political ring for that title fight.  

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