NYSOA Summer 2023 Prospectus

Letter from the NYSOA President

By Marina Su

By the time you are reading this issue, the last group of optometrists who are obtaining the orals certification for 2023 will be or will have taken the exam already! You will all be a part of NY optometric history and should be very proud of yourselves. It will certainly feel much more real to us when the law takes effect on October 25, 2023.

Most bills take many decades to pass. Just for perspective, in New York (NY), there is a 4.1% passing rate of bills introduced and enacted in the professional legislature; while in other states, such as Michigan, it is as high as 61%.1 The first bill that Dr. Charles Prentice, NYSOA’s first president, submitted in 1896, didn’t get passed until 1908 (12 years!).

For those of you who are dwelling on the fact that we were the last state to pass an orals bill, let me share with you all the firsts of NY. Do you know which city the American Optometric Association (AOA) was founded? New York City.2 Do you know which university had the first established program for “optometry?” Here, in NY at Columbia University.3 NY was FIRST in KEY moments of optometry so we have all have a CHOICE to make right now. Do we let the exhaustion of us getting past this hurdle wear us out or complain about how long it took us to get there? Or do we get busy planning out our roadmap so that we can not only catch up to the rest of our colleagues across the country, but make NY, a first, again.

In the theme of FIRSTS, NYSOA has its first President of color (a bit fitting that this occurred during Asian American and Pacific Islander Heritage Month). As someone who moved to NY from California and has only known NY as being a diverse state, this is a slightly uncomfortable piece of information I’m sharing. However, after talking with others, it is something to be shared as it has only encouraged more conversation. Representation matters, especially in leadership positions. What we gain is diversity of THOUGHT, and that is what will keep our profession thriving and our patient care stronger.

For those of you who weren’t at Innovation Vision Conference in Saratoga Springs this past April, I encourage you to look out for the dates for 2024 and 2025 (as we are now planning 2 years ahead). During my inaugural speech, I highlighted some key initiatives. Much of this will be expanded and developed further in our Strategic Planning session slated to occur this fall.

1) Building out an effective keyperson network. Our legislators and community leaders should look to us as thought leaders in eyecare. This is how we legislate our profession. (If you already have a personal connection with your legislator, please reach out to our Legislative Committee as we get ready to build out a more sustainable program using better technology this year!)

2) Building out better alliances with our medical community and educators. We need to ally with other service-oriented professions so that we utilize each other’s talents and skillsets to bring eyecare to the forefront. That’s how we build respect within our communities and serve on the public health front.

3) Speaking up about our day-to-day issues stemming from insurance and third party vendors. We are not alone when we find ourselves having to take so much time out of patient care in addressing forces that make it difficult for us to just deliver quality care. Even if you are not a practice owner, your employer is going through these issues, so ask them. Please bring up any issues you have to our NYSOA office so we can legally organize and strategize for more effective solutions. continued on page 3

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Letter from the NYSOA President (continued)

4) Improving our public awareness campaign. How many times have you heard, “I had no idea optometrists did that!” It is not helpful if we are the only ones who know what we do. We need to do a better job of educating the public. We are in a consumer-oriented healthcare delivery system, and this will empower our patients to trust us as doctors.

5) Continuing to encourage diversity of thought across our local, state and national volunteer boards through programs and mentorship. We need to diversify and mentor our pipeline of incoming doctors as well as those funneling up to decision making positions both on the volunteer level and in our jobs; that also means getting the students, our future colleagues, and residents to be a stronger presence at the local and state association level and figuring out ways to modernize our own association.

If we invest the time to educate the public, our community and government leaders, I would say that 80% our work is done when they speak and advocate on behalf of us. Then, we just focus on the remaining 20% of the work, which is continuing to educate ourselves so we are at the top of our game, ready to deliver as we’ve always had.

This year, I’d like to see you speak up, give a little when and where you can, and appreciate our association and profession by supporting it with your dues so we can continue making it better for you and our patients. Our association is for us, by us. I am very honored and excited to serve as your president this year. Thank you for allowing me to be a part of this journey with you.

1. Creelan, JM and Moulton LM. The New York State Legislative Process: An Evaluation and Blueprint for Reform. Accessed 3 June 2023 from https://www.brennancenter.org/sites/ default/files/legacy/d/albanyreform_finalreport.pdf

2. AOA Archives. Accessed 3 June 2023 from https://www.aoa. org/archives/#:~:text=The%20American%20Association%20 of%20Opticians,1919%20to%20American%20 Optometric%20Association.&text=Membership%20 limited%20to%20only%20optometrists.

3. 1. Goss DA. Landmarks in the History of Optometry. Hindsight: Journal of Optometry History. 2007;38(2):47-52. Marina Su, President President – New York State Optometric Association

New York State Legislative Update

By James Walsh, Partner, NYSOA Legislative Counsel

At the time of this writing, the New York State Legislature is expected to conclude its scheduled legislative session on June 8th. To date, the Legislature has passed - with overwhelming support - a NYSOA priority bill, S.131-A (Krueger)/A.3158-A (Bores), which would remove a statutory restriction by which only students in a New York school of optometry can be employed under the licensure of a practicing optometrist / ophthalmologist prior to full licensure by the New York State Education Department. In its advocacy, the NYSOA argued that the restriction deprives New York-resident students of the opportunity to return home to New York and, for others, the ability to explore beginning their professional careers in New York State. From the perspective of New York’s Doctors of Optometry, the restriction deprives them of the ability to work with out-of-state optometry students who are prospective professionals to hire upon their graduations and eventual licensure in New York State. The bill now must be delivered to Governor Hochul for action (either approval or veto), and the NYSOA will be urging the Governor to approve the bill, which we anticipate will occur sometime over the summer.

A second NYSOA priority bill, A.715-A and S.5581, would allow physicians who wish to jointly own healthcare practices with other health service providers, including Doctors of Optometry, to do so in order to improve patient care and reduce healthcare costs. Current law prohibits physicians from owning professional practices with non-physicians. This bill would amend the law to allow physicians to enter into a voluntary, legal relationship to jointly own business corporations, professional limited liability partnerships and professional limited liability companies with certain health service providers, including Doctors of Optometry. The bill was recently amended by our Assembly bill sponsor, Assembly Majority Leader Crystal Peoples-Stokes (D-Buffalo), and we expect will soon be similarly amended by our Senate sponsor, Senator Jessica Scarcella-Spanton (D-Staten Island). The amendments add another health provider profession to those who physicians would be authorized to own a practice as well as some clarifying and technical language. Such changes are part of the process toward crafting a bill that has sufficient support to pass the Legislature. It is not expected to pass this year, but will remain a NYSOA priority for next year’s legislative session.

A Decade of Dedication and

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What started in 2013 as a partnership with a few hundred locations has evolved to thousands of locations nationwide—all made possible by the doctors and staff that have helped shape Premier Edge over the years.

Thank you for your ongoing commitment to providing high-quality eye care and for your continued partnership with Premier Edge. Here’s to celebrating you.

Counsels Corner

Considerations for Sale of an Optometric Practice

Whiteman Osterman & Hanna LLP

We commonly receive questions regarding the formation, purchase, sale and merger of optometry practices, as well as retirement and business-succession planning matters. In each of these types of matters, it is important to work in conjunction with a trusted attorney and accountant to address the specifics of the individual transaction.

The checklist below may provide a helpful general overview of items that are important to consider (in consultation with an attorney and accountant) when contemplating entering into a transaction involving the potential sale or merger of your optometry practice. We also note that prior to sharing any information about your practice with a potential buyer, it is important that the potential buyer execute a non-disclosure and confidentiality agreement. This agreement outlines the type of information that is considered confidential and restricts the receiving party from sharing the information with third parties or using the information for any purpose other than evaluating the potential transaction. Having a non-disclosure and confidentiality agreement in place is particularly important if the potential buyer is a current competitor of your practice.

1. Engage in due diligence for selling practice.

2. Determine transaction structure (asset purchase versus equity purchase) / form new entity(ies).

3. Purchase Agreement – Address key provisions such as:

- Non-compete and non-solicitation

- Representations and Warranties

- Indemnification

4. Order lien search on seller.

5. Determine whether to file AU-196.10 regarding sales tax obligations of seller (if applicable).

6. Review existing contracts for notice/consent and other material provisions (for example, equipment leases, consent of landlord to assign lease agreement).

7. Review and attend to insurance matters - patient facing (enroll with carriers as needed, etc.)

8. Review and attend to insurance matters - practice facing (expand or procure additional coverages as needed to account for new practice).

9. Ancillary Transaction Agreements

- Bill of Sale

- Assignment and Assumption Agreement

- Patient intro letter

- Intellectual Property Transfer Agreement (if applicable)

- Transition Services Agreement (if applicable)

- Lease Agreement (if applicable)

10. Regulatory Considerations

-Records retention of existing practice

-Licensing issues

11. Review and attend to employee onboarding matters. This update is not intended to serve as legal advice related to individual situations or as legal opinions concerning such situations, nor should they be considered a substitute for seeking legal advice. For further guidance, please contact Nicole S. Green (Partner) at 518-487-7775 or ngreen@woh.com.

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Put the Power of the PECAA MBA Team to Work for Your Practice

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Bryan Hoban Executive VP & General Manager of Member Business Advisory, Finance & Strategy Advisor

With a background in the banking industry serving small businesses, Bryan is a financial expert who helps members analyze and improve business performance. He enjoys working with the rest of the MBA team to help PECAA members identify opportunities and enact positive changes in their practices.

Kathy Long Business Operations Advisor

Kathy has developed, implemented, and managed many aspects of small and large practices, including finance, operations, insurance, credentialing, and information technology. As Business Operations Advisor, Kathy takes a holistic approach that includes evaluating current practice operations, identifying opportunities for growth, and providing a customized plan for practice longevity.

Kayla Groves Optical Member Business Advisor

Kayla is a highly accomplished eye care professional who has successfully run several optometry practices, including her own private practice. She has worked one-on-one with hundreds of eye care practices and now puts that knowledge to work for PECAA members.

Already a PECAA Max Member?

Your Max membership gives you immediate access to all Member Business Advisor services at no additional cost. Whether you have specific areas you know you want to work on, or you need help knowing where to start, call 503.850.9384 to begin your MBA journey.

Shelby Wade Marketing Business Advisor

Shelby has many years of experience developing strategic marketing plans and field marketing initiatives that drive serious results. With her passion for marketing and watching businesses thrive, she is excited to connect with PECAA members to guide them in developing strategic plans to help their practices flourish.

Teri Thurston Billing & Coding Advisor

Teri is a revenue cycle management (RCM) professional with years of experience in the eye care industry. She has managed complex billing teams and worked with various professionals to increase profitability, implement RCM efficiencies, and ensure billing compliance. She is passionate about supporting eye care professionals through billing and coding education.

Jenny Wiley Director of Member Experience/ Cold Start Advisor

Prior to joining the PECAA Team, Jenny led multiple offices of a 10-location practice and has more than 30 years’ experience in the eye care industry. She leverages this experience for members in PECAA’s Cold Start Practice Program, helping in the process of opening cold with customized resources, educational materials, and generous amounts of moral support.

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MEMBER BENEFITS

WHY JOIN NYSOA?

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:

ADVOCACY INSURANCE & BUYING

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 next-generation marketplace, and AOA MORE, optometry’s Qualified Clinical Data Registry.

JOBS & NETWORKING OPPORTUNITY

Networking opportunities and access to a listserve to connect with other members and ask questions.

Continuing education courses to fulfill state licensing requirements.

Subscription to the association’s digital newsletter, Prospectus, featuring current professional topics and issues.

E-mail reminders of upcoming meetings, events and legislative alerts.

Business Partner opportunities and information on practice management.

Access to the NYSOA member website and job posts.

Complimentary practice listings on the Think About Your Eyes doctor locator.