NYSOA Summer 2022 Prospectus by NYSOA

President – New York State Optometric Association | Inside | Prospectus VOL. 48 | ISSUE 2 | 2022MEMBERSHIP NEWS & UPDATES ANNUAL THERAPEUTIC UPDATE .................................... 2 OIG-ADVISORY-OPINION ................................................... 4 PICTURES FROM THE IVC ................................................. 5 JOB POSTINGS ................................................................. 8 Letter from the President By David N. Ciccone, OD COVID-19 Resources The NYSOA and AOA are committed to supporting and serving members during the COVID-19 pandemic. Please visit our resources pages online and contact us with specific requests or NYSOAquestions.COVID-19 Resources: www.nysoa.org/covid-19 Latest updates from the American Optometric Association: www.aoa.org/covid-19/covid-19-latest-updates New York State Updates: coronavirus.health.ny.gov

Adrugs.local

As I addressed at my induction, expanding membership, expanding and protecting our scope, ensuring access to care panels and ensuring that Optometry is at the forefront of the provision of functional vision and eye health care is vital to the relevance of the NYSOA and the success of our many types of practices. I am excited that we have put in place, and will continue to refine, the programs and policies necessary to achieve these goals. Questions and comments are appreciated and encouraged. Call or email the NYSOA directly, or feel free to reach out to me at dcicconeod@gmail.com. Be well, Dave Ciccone

A new, dedicated Member Services Director has been hired by Cap Hill to better address our needs. She will be fully trained by their existing staff, and we look forward to having her on the team. Her name is Chandra Keemraj (pronounced “Shandra”), and she can be reached at 518 449-7300 or info@nysoa.org.

Greetings from the NYSOA. I hope that everyone has been able to relax and enjoy our beautiful New York State summer so far. The NYSOA has been busy on many fronts. The curriculum required for Oral Pharmaceutical licensure has been approved by NYS Board for Optometry and submitted to the Education Department. The form of the classes and testing is under development with a goal for a late spring of 2023 rollout. The use of topical rho kinase inhibitors has been approved by all appropriate NYS bodies for all Phase II licensed ODs. We are currently working on streamlining the approval process for new pilot study between the NYSOA and AOA has begun in the Western and Hudson Valley regions to develop better means of attracting new members and retaining current ones. This information will be assessed after the first of the year with the goal of developing new strategies that can be used across the State.

9:40

coffee, light breakfast

For

wnysoevents@outlook.com Please

2:40 Oral Pharmaceuticals in Eye Care

10:00 Exhibit Hall & Break 10:00

Credits) Save

The Western New York Society of is hosting a one day continuing education seminar. All ODs are welcome! Jasper OD, current optometric editor of Owptometric Management Magazine & #17 in Newsweek’s America’s Best Eye Doctor’s https://www.newsweek.com/rankings/americas-best-eye-doctors-2022/optometrists, will provide 6 hours of live CE. https://www.apriljasper.com/ V, 2425 Niagara Falls Blvd., Amherst, NY. Doors open at 7 AM, & opportunity to meet with – 9:40 (2 credits) –––– (2 with early bird 9/30/22 details and to please https://wnyso.myevent.com/visit: with card online a check payable to: mailed to: Duane Snyder, OD, 500 Davison Road, Lockport, NY 14094 email us with questions & address corrections, Thank you!

April

Optometrists

registration until

our vendors/sponsors. 8:00

a credit

“WNYSO”

Venue: Classics

Glaucoma Patient Management for the Team

11:40 Ocular Emergencies and Legal Considerations in Optometry (2 credits) 11:40

1:00 Sponsored Lunch and Exhibit Hall 1:00

PROSPECTUS | VOL 48 | ISSUE 2 | 2022 Page 2 Annual Therapeutic Update Sunday, October 23rd, 2022, Buffalo Bills Bye Week

Option C: An industry sponsor would cover program costs and the practice would not charge a registration fee.

Option B: Practice would cover program costs without a registration fee.

Option A: Practice would charge attendees a registration fee consistent with Fair Market Value (FMV).

In all cases, the practice would cover any revenue shortfalls (e.g., if attendance is less than estimated). Any excess revenue would be donated to a local, unrelated charity. For Options C and D (industry sponsored CE), the practice would inform industry sponsors that all guidelines set forth in the Accreditation Council for Continuing Medical Education Standards for Integrity and Independence in Accredited Continuing Education would apply to their sponsorship of the CE programs.

Option A: OIG believes there is sufficiently low risk for fraud and abuse under the federal antikickback statute that it would not impose administrative sanctions.

• An evening CE program providing 2 hours of CE credit (practice physicians would serve as faculty in conjunction with some paid external faculty) The opinion notes that the ophthalmology practice has extensive relationships with its referral network of doctors of optometry in their area. The practice is seeking the OIG’s opinion as towhether the proposal runs afoul of federal anti-kickback statutes (Sec. 1128 of the Social Security Act). The practice’s proposal included four alternative means for funding the program and asked the OIG to provide guidance on each:

Summary of Department of Health and Human Services

Background An ophthalmology practice specializing in cataract and refractive surgery petitioned the HHS OIG for an opinion on the practice’s recent proposal to establish two annual CE programs for doctors of optometry in its area that would cover new technology and pharmacological practice treatment protocols relevant to treating patients who require ophthalmic surgeries, including the practice’s patients. The courses would be open to all doctors of optometry in the local area,and participation in the practice’s referral network would not be a requirement. Attendees also would not be required to be customers of the industry sponsors of the CE programs. CE would be approved by relevant educational accrediting agencies. Course offerings would include the following:

OIG Opinion of Each Proposal

Options A & B: Due to the fact that the programs would be funded entirely by the practice inboth proposals, the OIG believes there is a risk for fraud and abuse (i.e., patient steering) under each. The doctors of optometry attending the program would be receiving free CE credits, presumably with the expectation that it would generate referrals. HHS OIG states that it may seek sanctions on such programs.

Option D: An industry sponsor would cover program costs and the practice would charge a below FMV registration fee. Practice would inform industry sponsors that all guidelines set forth in the ACCME Standards for Integrity and Independence in Accredited Continuing Education would apply to their sponsorship of the CE programs.

Conclusion Although the focus of any enforcement action would likely fall upon the surgical practice that sponsors the program, there are technically two parties to a kickback scheme. A doctor of optometry who receives free CE and then makes a referral to the practice that provided the CE is—likely without their knowledge—participating in the scheme and is thereby theoretically subject to possible sanction. Doctors of optometry are advised to avoid such situations. If a doctor of optometry is himself or herself an owner of a surgical practice, then the prospect of sanctions for violating the anti-kickback statute in connection with the provision of free CE is more serious, and competent legal counsel should be obtained before deploying any such program. A poorly designed program could cause the practice to violate anti-kickback laws either in its relationship with the recipients of the CE or in its relationship with industry sponsors of CE.

Doctors of optometry should be cautious about receiving free continuing education (CE) from an ophthalmology surgical practice to which they may refer patients. In June 2022, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published an advisory opinion that characterizes such arrangements as a potential violation of federal antikickback legislation, designed to induce referrals to the surgical practice, which will be paid for by a federal health care program (i.e., Medicare or Medicaid).

Summary and Takeaway

• Full-day CE program providing 6 hours of CE credit (practice physicians would serve as faculty in conjunction with some paid external faculty)

Office of Inspector General Advisory Opinion 22-14

Option D: In this scenario, in which some of the costs of the CE are underwritten by an industry sponsor, HHS OIG states that it would potentially impose sanctions. In this instance, the main focus is on the relationship between the industry sponsor and the practice, and less on the possibility of referrals between doctors of optometry and the ophthalmology practice. However, because the sponsorship will presumably allow the practice to charge less than FMV for the CE courses, there is still a risk of an antikickback issue involving the doctor of optometry.

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Located in Buffalo New York, the Ross Eye Institute is a multidisciplinary practice of Ophthalmology, Optometry and Orthoptics serving the greater Buffalo region through 3 practice locations in Orchard Park, City of Buffalo and Amherst, New York. Each location is staffed with technicians, clinical team leads, imaging suites and procedure rooms. As part of University of Buffalo's Ophthalmology service, the Optometrist has the ability to co-manage with several sub-specialties in the department including Comprehensive, Cornea, Glaucoma and Retina providers. The Optometry position would be ideal for an individual with Primary Care/ Ocular Disease experience and while Residency training is not required, it would be an added benefit to the scope of practice. Clinical cases include comprehensive medical and vision exams, specialty contact lens fitting and myopia control. There are opportunities to be involved with clinical research and teaching programs with Ophthalmology Residents, Medical Students and 4th year Optometry Student Externs.

Director of Optometry and Contact Lens Service University at Buffalo

Become a NYSOA Partner!

Thank You NYSOA Business Partners

New York State Optometric Association 230 Washington Avenue Extension, Suite 101 Albany, New York 12203 Phone: 518-449-7300 Fax: 518-463-8656 nysoa2020@gmail.com | www.nysoa.org

Diamond Bronze Gold 2021 Program Year

Interested in putting your business in front of New York’s Optometrists? Contact the NYSOA for details about our Business Partner Program! 518-449-7300 or nysoa2020@gmail.com

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Prospectus (ISSN 1055-7407) is published by the New York State Optometric Association, Inc., 230 Washington Avenue Ext., Ste. 101, Albany, NY 12203. All issues are electronic. The views and opinions expressed are those of the signed author and in no way should be construed to reflect the opinions or position of the editorial staff of Prospectus, or the New York State Optometric Association, its officers, local affiliate societies, or administrative staff. All submissions are subject to editorial change with regard to clarity or length. Final decision regarding acceptance or rejection of any submission lies with the editor.

Hiring 1-2 Full Time OD Position

- Department of Ophthalmology Ira G. Ross Eye Institute

Job Postings

On average, the total number of patients per day is 26 with the position being five days of the week. There is flexibility in building clinical templates and duties do not include evening clinics, weekends, or on call.

Starting salary is competitive for the area with an opportunity to move to production-based compensation if desired. Additionally, benefits include stipend for continuing education, 401K contributions, medical, dental and vision coverage.

EDUCATION & NEWS

Legislative advocacy at the state and federal levels – giving you the ability to stay current on legislative issues and contact your representatives regarding matters affecting the profession. Access legal assistance and other resources for working with insurers, getting answers to practice questions, and defending the rights of optometrists to practice full-scope optometry. Comprehensive malpractice liability insurance policies at competitive rates. Access to Healthy Eyes Advantage, the ECP’s marketplace,next-generationandAOAMORE,optometry’sQualifiedClinicalDataRegistry.

JOBS & OPPORTUNITYNETWORKING

Membership with the New York State Optometric Association (NYSOA) becomes a combined membership with the American Optometric Association (AOA) and a Local Society. Members of the NYSOA are entitled to a wide variety of benefits and resources, some of which include: Access to the NYSOA member website and job posts. Complimentary practice listings on the Think About Your Eyes doctor locator. Networking opportunities and access to a listserve to connect with other members and ask questions.

ADVOCACY

Business Partner opportunities and information on management.practice

JOIN TODAY AT www .NYSOA. org Questions? Contact us at: nysoa2020@gmail.com or 518-449-7300

MEMBER BENEFITS

WHY NYSOA?JOIN

INSURANCE & BUYING

AMERICAN OPTOMETRIC ASSOCIATION

Continuing education courses to fulfill state requirements.licensing Subscription to the association’s digital newsletter, Prospectus, featuring current professional topics and issues. E-mail reminders of upcoming meetings, events and legislative alerts.

NYSOA Summer 2022 Prospectus

Articles inside

JOB POSTINGS

OIG-ADVISORY-OPINION