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OB/GYN Editorial April 2004

Be Ready

Thomas E. Nolan, MD, MBA

Arecurring theme in many of my editorials is the need for physicians to become politically active to protect the integrity of our profession (which is noble, despite the attacks from multiple fronts) and the well-being of our patients. To this end, I applaud the American College of Obstetricians and Gynecologists for initiating the Physicians for Women's Health Organization, which is a nonprofit lobbying organization created by the College. Any major organization or political entity requires an active lobbying group to be effective in the political process. Even though some individuals may feel that this represents a "lowering of standards," the trial lawyers will continually block any efforts that we have for meaningful tort reform. As more problem areas in the United States evolve (crisis states or "red states"), physicians in several states have effected change when they joined together with a common voice. As we are going to press, Senate Bill S. 2061 has been introduced as of February 10, 2004 (for full text, link is http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=108_cong_bills&docid=f:s2061pcs.txt.pdf). The preamble to the bill states:

To improve women's access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services.

The bill was introduced by Senators Judd Greg (Republican of New Hampshire) and John Ensign (Republican of Nevada). Several important aspects of this bill include a statute of limitations on how long an obstetrician will be at risk for a delivery and a capping of noneconomic damages. This is a boilerplate of what national tort reform is beginning to address in limiting liability burden on OB/GYNs. These senators need to be commended for addressing a problem that has been unique to our specialty. Unfortunately, states regulate torts and the legality of federal legislation may be problematic. (Late note: the bill was called for a vote and defeated by a 48-45 vote. This action was considered a political action so that nonsupporters will be identified in the November 2004 election.)

In the February 23, 2004 edition of Fortune magazine, an editorial by Geoffrey Colvin (Colvin G. What do voters want? a clean bill of health. Fortune. 2004;149(4):70) presents a very interesting viewpoint on the public's perception of health care. He quotes data from the Yankelovich polling group that "health care" has risen from being a top concern for only 5% of Americans in 2001, doubling to 11% in 2002, and rising again to 19% in 2003. The American public, in my opinion, is beginning to feel the squeeze that we have been publicizing for the last several years. This includes a decreasing number of physician providers in relationship to a growing American population; the insurance companies' unwillingness to pay providers and making billing statements difficult to interpret even by college graduates (from "this is not a bill" to the collection agency in record time); and the general feeling that the area of health care cost has continued to grow with no perceivable return to patients. Health care recently increased to 15% of gross domestic product, its highest level to date. The recent passage of the Medicare drug bill is causing anxiety, especially among younger and more affluent individuals who will ultimately pay for these services.

Also on the political agenda is the "morning after pill" or Plan B. Recently, a panel overwhelmingly suggested that Plan B be made available over the counter. Many individuals (including myself) think that this is the first attempt to have oral contraceptives available over the counter. Even though this particular concept is a firestorm in itself, it is interesting that the US Food and Drug Administration has issued a 90-day "cooling off" period. Many political operatives are now moving into place to once again try to limit women's contraceptive availability. My feelings are that this is just the beginning of a new battle on accessibility and enhanced contraceptive freedom for women—one I think ultimately will be won over the next 3 to 5 years. The libertarian aspects of the American public continue to grow with a continuing liberalization of social mores.

So, in closing, health care and the medical profession will become important driving forces shaping the public debate policy in the next decade. As more pressures are put on the system—with a growing lack of providers, yet with increasing interventions by misdirected governing bodies (who wrongly think that you can legislate quality)—and a demand by the American public for better access and better health care, we need to be ready to move in step. Once public opinion recognizes a problem, action will be demanded. We, as physician providers, need to be politicized and ready to rise in unison when necessary. As I have worked closely in organized medicine over the past 5 years, I have been impressed that when proper pressures are applied, the outcome can be changed by properly prepared and informed providers. The yell of the indignant, while getting a fleeting moment of recognition, will not win over the long run.
Like many of my colleagues from the '60s, it has not been an easy journey for me to join organized medicine. However, the alternative of being dictated by the uninformed and the irrational, as well as the emotional aspects of political campaigns, is unacceptable to me. Continue to support the College and our lobbying organization as well as local politics. As Tip O'Neill once said, "all politics are ultimately local," so please be the local voice in your community.


Thomas E. Nolan, MD, MBA
Editor-In-Chief

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