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LGS names 2015 Distinguished Community Leader Award winners
SYRACUSE, N.Y. — Leadership Greater Syracuse (LGS), a nonprofit offering a yearlong civic-engagement training program, announced it will recognize two individuals and one business at
People news: St. Lawrence University promotes Durocher to athletic director
CANTON, N.Y. — St. Lawrence University announced Friday that it has named Bob Durocher as its next director of intercollegiate athletics and recreation. Durocher has
Oneida Healthcare surmounts challenges of rural medicine
“Difficult things take a long time, impossible things a little longer.” — Unknown ONEIDA — Rural medicine is a tough gig. The local providers typically earn less pay, put in longer hours, and handle more patients than in an urban setting. The cost of technology and compliance are huge financial burdens, especially on a
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“Difficult things take a long time, impossible things a little longer.” — Unknown
ONEIDA — Rural medicine is a tough gig. The local providers typically earn less pay, put in longer hours, and handle more patients than in an urban setting. The cost of technology and compliance are huge financial burdens, especially on a small facility. Attracting physicians, in particular specialists, is a daunting task. Compensating for ever-diminishing reimbursements is, to say the least, a daily challenge.
None of these challenges, however, has slowed down Oneida Healthcare, a medical complex located on State Route 5 in Oneida and operated by the not-for-profit corporation Oneida Health Systems, Inc.
“Our mission has been the same since the hospital opened in 1899,” says Gene F. Morreale, president & CEO of Oneida Healthcare (OHC). “We provide the highest quality, progressive, and comprehensive care for the Oneida area and surrounding communities.”
Morreale makes his point by listing just a few of the recent innovations at OHC. “In February, we launched the navigational bronchoscopy program, which is a minimally invasive procedure to aid in the diagnosis for patients with lung lesions,” he says. “The system has GPS-like technology that creates a roadmap inside the lungs and permits us to guide tiny tools through the lungs’ pathways. The system allows the physician to take tissue samples and place markers for future treatment … Oneida Healthcare is the only hospital in the Mohawk Valley using this state-of-the-art technology.”
Morreale also points with pride to the “Oneida Robotic Surgery Program.” OHC’s da Vinci robotic-surgery team lays claim to completing more single-site gallbladder removals than any other hospital in the region.
“We were the first hospital in the region to offer this technically advanced surgery,” continues Morreale. “We also offer a new standard in digital mammography, providing the lowest-possible dosage available in Madison or Oneida counties. This June, OHC anticipates helping to cut the ribbon with eight area doctors on a new ambulatory surgical center in Westmoreland. The joint-venture is designed to provide convenient outpatient services for pain management, orthopedic and sports medicine, spine, hands, and plastic procedures.”
Morreale is also overseeing discussions between OHC’s Women’s Health Associates (WHA) physician-practice members and Diane Temple, the widow of Dr. Paul William Temple who passed away on Jan. 18. Dr. Temple had practiced medicine in Rome since 1980. “[Our intent] … was to provide office coverage so that his patients would be able to continue to access quality GYN care in his [Rome] office while he received his [medical] treatments,” affirms Morreale. “Due to Dr. Temple’s recent death, that arrangement was not finalized, and Mrs. Temple has continued the discussions with the WHA physicians … Once negotiations conclude, the practice will continue as a full-time OB/GYN practice staffed by board-certified physicians from WHA. Plans are to start seeing patients sometime in April.”
Another challenge is the need to take over physician practices. “The health-care landscape is changing rapidly,” stresses Morreale. “Physicians are finding it difficult to operate small practices. Not only is their remuneration being reduced, but the burdens of compliance leave less time for patient care. There are also a number of doctors, who are just burned out by the pressures put on health-care providers. OHC’s commitment to providing health care locally mandates that we take over some practices to ensure that a full complement of services remains in the region. Just since 2012, OHC has taken over practices in obstetrics, primary care, neurology, and orthopedics. This is a huge burden to take on as reflected in the salary growth on our financial statements. We need to ensure that the care stays local so that the revenue can offset the expenses.”
OHC has come a long way from the original four-bed hospital launched on Williams Street in 1899. A few of the historical highlights include a school of nursing, which opened in 1907. In 1976, the community dedicated an acute-care facility on its current Genesee Street site. The hospital soon grew into a medical complex adding a skilled-nursing facility as well as expansion projects including a new emergency room, radiology department, pharmacy, and ambulatory surgical unit. In 1991, the hospital opened its first satellite facility in Camden. In addition to Camden, OHC now serves 24 communities with locations in Oneida, Chittenango, Verona, and Canastota. In 2008, it held a groundbreaking ceremony to commemorate the start of a $23 million construction project to build a two-story addition to the hospital and renovate existing areas that provided new operating rooms plus a new ICU.
Today, the campus includes a 101-bed, acute-care hospital and a 160-bed, skilled-nursing facility, in addition to a number of off-site, free-standing offices. The campus and its off-site locations encompass 285,000 square feet, the overwhelming majority of which is owned by the Oneida Health Systems, Inc. A real-estate holding company, Oneida Healthcare Corp., currently owns the skilled-nursing facility and one of the off-site locations.
OHC employs more than 900 people (810 FTEs). There are about 185 members of the medical staff, of whom the majority is independent. The organization employs 142 registered nurses. In 2014, OHC generated $91 million in revenue. The original service area of Oneida city has been expanded over the years to include Madison and western Oneida counties, a population estimated at about 80,000. In 2014, the hospital admitted 3,318 patients, performed 809 surgeries, handled 158,653 outpatient visits, and treated 25,808 people in the emergency room.
Economic impact
Oneida Healthcare’s impact goes far beyond providing just health care. The system is also an economic engine that helps to drive the local community’s economy. A study released with the assistance of the Healthcare Association of New York State (or HANYS) in January 2013 estimated that OHC generated a total economic impact of $169.3 million (2012 figures). The total included $26.4 million in capital spending, $50.6 million in supply purchases, and $92.4 million in payroll. The report added another $14.3 million in federal, state, and local taxes. Direct and indirect payrolls supported 1,450 jobs.
Financial challenges
The high cost of new technology, doctors leaving their private practices, competition from other health-care providers in the region, and lower reimbursements have forced the Oneida medical complex to rethink its business strategy. “There’s no question that for OHC to not only remain competitive but also to thrive we need to provide a full continuum of care,” Morreale opines. “For example, we have plans to replace our long-term-care facility, initiate a PACE (Program of All-Inclusive Care for the Elderly) program, and possibly create an assisted-living facility. We have to continue acquiring doctors’ practices in order to offer the spectrum of health care and to maintain local access.
“The real challenge is that all of this development is occurring at the same time third-party payers are ratcheting down their reimbursements and changing the way they pay for services,” adds Morreale. “OHC recently joined an innovative Medicaid program called DSRIP (Delivery System Reform Incentive Payment) in which our funding is tied to meeting performance [metrics], such as infrastructure development, system redesign, clinical-outcome improvements, and population-focused improvements. The concept will soon include Medicare reimbursements, and third-party private payers are already following suit. The members of this integrated-delivery system must work together to reap the benefits of a $6.4 billion New York State fund to be distributed over five years. We are working on identifying the deliverables in the program, such as reducing emergency-room and inpatient admissions among the Medicaid population by 25 percent over the next five years.”
The financial pressures of the last few years to grow the OHC complex in a period of declining reimbursements have created operating losses.
“Because of Medicaid cuts, observation-level payments resulting in lower rates, and additional costs associated with the implementation of a new information-technology system, we recorded a $2.5 million loss in 2012 and a $3.4 million loss in 2013,” laments Morreale. “At the same time, Standard & Poor’s lowered our bond rating a notch. With higher revenues and tighter cost controls, however, OHC reversed the recent trend by posting a $1.5 million surplus in 2014.”
Morreale credits the success of the simultaneous business-plan development and the turnaround to the OHC staff. “We have great employees,” he affirms, “including our leadership team.” In addition to Morreale as president & CEO, the team includes John D. Milligan, vice president (VP) of finance; Mary Parry, VP, operations; Dr. Dan Vick, chief medical officer; Janice Kohlbrenner, VP, clinical services; Michael Fifield, VP, human resources; and Bryan Ehlinger, administrator of long-term care. In addition to the leadership team, Morreale notes the support provided by outside professional corporations: Oneida Savings Bank and NBT for financial services, Fust Charles Chambers for accounting, and Hancock Estabrook for legal affairs.
Hiring challenges
OHC faces multiple obstacles as it navigates the turbid waters of health care, but none more difficult than attracting and retaining qualified employees. “Our challenge begins with finding experienced physicians,” says Morreale. “There is a lot of competition in this area from larger hospitals and huge doctor groups, which are willing and able to pay more than we can for specialists and even for primary-care doctors, due to their higher number of patients. We need to find candidates who grew up in a rural setting, particularly this region, and who have family ties here.
“OHC has had good success with the ‘Rural Medical Scholars Program’ run by SUNY Upstate Medical University,” continues Morreale, “which places third-year medical students in rural communities full-time for 19 or 36 consecutive weeks. We have scored well with this program building long-term relationships with these candidates. We also partner with Madison–Oneida BOCES to provide an outstanding educational opportunity for selected high-school seniors who are interested in the health profession. Students receive a first-hand, in-depth overview of the field and help in career exploration.”
OHC also has created extensive, internal training programs to encourage staff education for the employees. “My three decades in health care have convinced me that the best staff is … [comprised of] permanent employees. I have never been a believer in hiring temporary staff. That’s why we put so much emphasis on training and retention. OHC has two, full-time nurse educators and a well-equipped training lab. Our best success has come from training our staff the OHC way. Not only does the training produce qualified employees, but it also opens career paths for those who want to advance. I believe our emphasis on training helps to maintain a very low turnover rate: the rate for RNs is only 2.5 percent while the overall rate for the hospital is [just] 3.2 percent.”
OHC is supported by an independent foundation formed in 1971. The foundation makes annual gifts to support the medical complex by funding such needs as technology, nursing scholarships, and the recent hospital expansion. The endowment currently stands at $1.5 million. The foundation board is comprised of 19 community members.
Morreale brought decades of health-care administrative experience when he assumed his current post in 2007. From 1979 until 2007, Morreale worked at St. Joseph’s Hospital Health Center in Syracuse, most recently as the vice president of corporate services. He received his bachelor’s degree in health information management from Daemen College, located near Buffalo, and his M.B.A. in general management from Syracuse University.
Morrele recognizes that “we are in a changing health-care environment which will require us to adapt.” He has no doubts that OHC is up to the task.
Batiste discusses veteran business ownership in SBA event keynote
ONONDAGA — The idea of veterans operating their own business “is a noble cause.” Retired Maj. Gen. John Batiste used the phrase in opening his remarks as the keynote speaker at “Operation: Start Up and Grow — 2015 Veteran Business Conference,” the U.S. Small Business Administration’s (SBA) 8th annual business conference held March 19
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ONONDAGA — The idea of veterans operating their own business “is a noble cause.”
Retired Maj. Gen. John Batiste used the phrase in opening his remarks as the keynote speaker at “Operation: Start Up and Grow — 2015 Veteran Business Conference,” the U.S. Small Business Administration’s (SBA) 8th annual business conference held March 19 at SRC Arena on the Onondaga Community College campus.
“With over 80 percent of jobs in America provided by small businesses, there is an opportunity for veteran-owned businesses to make a huge and dramatic impact on the economic resiliency of America,” said Batiste.
Batiste retired from the Army in 2005 after more than 31 years of commissioned service, according to his biography in the event program.
He is now serving as the president and CEO of Buffalo Armory, LLC of Buffalo, a startup company focused on “producing a better armor and high-strength steel to protect our troops in harm’s way,” the biography said.
After retirement from the Army, Batiste joined Klein Steel Service, Inc. of Rochester and served as its president and CEO from 2005 to 2013. He “took charge” of Buffalo Armory in 2011, according to the event program biography.
Buffalo Armory is a company that both Batiste and Joe Klein, the chairman of Klein Steel, co-own, according to a news release Klein Steel issued Dec. 20, 2013, announcing that Batiste had assumed the full-time president and CEO role at Buffalo Armory.
Batiste believes the nation needs “more than anything” to have veterans return to civilian life and “exercise their many talents, to include starting well-led, high-performing businesses and enterprises. Our nation is in dire need of values-based leadership.”
In his years as a company CEO, Batiste told the gathering that one of his key roles was recruiting talent.
He would always “love it” when a veteran walked in the door because the person is “smart and well trained.”
“If this is a former officer … they’ve been through a whole lot of institutional training … leadership training that their civilian counterparts have never even dreamed of,” said Batiste.
Six principles
The individual also brings six leadership principles that Batiste believes are “really important.”
Veterans know how to set the azimuth, or what Batiste described as “the cardinal direction of your organization,” or the goals, objectives, and strategic plan.
“If you don’t have a strategic plan, any road will get you there and that’s a recipe for failure in business,” said Batiste.
Veterans know how to set and write a mission statement. They also understand values and “how to protect that culture that is so important,” he said.
Veterans also know how to listen, which Batiste noted as the second leadership principle. “You understand that listening is all about treating your team members with dignity and respect … and that two heads are better than one,” said Batiste.
He listed the third principle as knowing how to trust and empower. People want to work for a company that has a CEO who will trust and empower the employees.
They want to be “… where the mantra in the organization is ask for forgiveness, not permission,” said Batiste. “You want to work for a CEO that gets that.”
The fourth leadership principle is “doing the right thing when no one is looking.” Speaking from 10 years’ experience, Batiste said it’s “really hard to find” a recruit who gets that.
Veterans also understand that if you’re a leader, “you take charge,” said Batiste, noting it as the fifth leadership principle.
“Whatever level you’re at, take charge. Your country needs you. The region needs you. Businesses need you. You’ll create jobs,” he said.
The final principle that a veteran can bring is balance, someone who understands the importance of balancing “the personal and the professional.”
“So, those are six leadership principles that, believe me, you guys get,” Batiste told the crowd of veterans at SRC Arena. “You’re taking that out into the workplace.
Those skills transfer directly to business.”
SBA rolls out business competition for products to assist women
The U.S. Small Business Administration (SBA) has launched a nationwide competition for entrepreneurs focusing on products and services that will benefit women and their families. Both Syracuse and Utica were slated to host local competitions. The SBA started “InnovateHER: 2015 Innovating for Women Business Challenge” earlier this month with local competitions that universities,
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The U.S. Small Business Administration (SBA) has launched a nationwide competition for entrepreneurs focusing on products and services that will benefit women and their families.
Both Syracuse and Utica were slated to host local competitions.
The SBA started “InnovateHER: 2015 Innovating for Women Business Challenge” earlier this month with local competitions that universities, accelerators, clusters, scale-up communities, SBA’s resource partners, and other local organizations are hosting.
The agency announced the competition in a news release issued March 16.
The SBA is seeking entrepreneurs who have created a product or service that will have a “measurable impact on women and their families, fills a need in the marketplace, and has the potential for commercialization,” according to the news release.
Locally, the WISE Women’s Business Center and Onondaga Small Business Development Center hosted a competition in Syracuse on March 26. And, the Women’s Business Center of New York State in Utica was scheduled to do so on March 30, the SBA said.
The entrepreneurs the local judges select will make it to the semi-final round.
An executive committee that includes SBA officials will review the semi-final nomination packages and select no more than 10 finalists, the agency said.
The 10 finalists will travel to Washington, D.C. on May 8, where they’ll pitch their products and ideas to a panel of expert judges during SBA’s National Small Business Week.
The finalists will compete for a total of $30,000 in prize money that Microsoft Corp. (NASDAQ: MSFT) has provided.
“The landscape of the U.S. economy has evolved drastically during the last 50 years, and women played a significant role in that change,” Maria Contreras-Sweet, SBA administrator, said in the news release. “We are harnessing the power of America’s entrepreneurs to develop products, services and technologies that support women as they deal with the challenges of work and home. This innovation challenge will both help strengthen the economy and empower women to succeed.”
Kelly leads Tully Rinckey’s growing Syracuse office
SYRACUSE — Tully Rinckey attorney Donald Kelly is no stranger to managing a legal office. But this time, he’s not the only lawyer in the office. Tully Rinckey PLLC, an Albany–based law firm that operates an office in Syracuse, has named Kelly managing partner of the local office. Tully Rinckey made the announcement
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SYRACUSE — Tully Rinckey attorney Donald Kelly is no stranger to managing a legal office.
But this time, he’s not the only lawyer in the office.
Tully Rinckey PLLC, an Albany–based law firm that operates an office in Syracuse, has named Kelly managing partner of the local office. Tully Rinckey made the announcement Feb. 12.
The firm believes Kelly has an “in-depth understanding of law-practice management,” it said in a news release.
Kelly, who joined Tully Rinckey in 2012, had previously operated the Kelly Law Office, a sole proprietorship in Syracuse, for about 11 years, he says.
Kelly spoke with CNYBJ at the Tully Rinckey office at 507 Plum St. in Syracuse on March 19.
Kelly, who has nearly two decades of experience in the legal field, has focused on criminal-defense law since 2001.
In his new role, Kelly will oversee the daily operations of Tully Rinckey’s Syracuse legal team.
The Syracuse office has 12 employees, including Kelly. The local employee count includes six attorneys.
In total, Tully Rinckey has 119 employees, including 60 attorneys, the firm said in response to an email inquiry from CNYBJ. The firm has 18 partners, according to its website.
Operating his own office, Kelly noted, involved a “business side” and a “law side.”
Balancing both can be a “little bit difficult” at times, considering the number of administrative tasks required to operate a law office, he added.
He joined Tully Rinckey in August 2012 to “have the backing of a larger firm.”
The managerial role involves reports, data, dealing with the relationships between the attorneys and support staff, and managing the attorneys’ performance and conduct, says Kelly.
“You have to deal with client complaints and consider … how to handle those and what type of actions should be taken in response those complaints,” he adds.
He admits trying to juggle all the duties can be “difficult” when he’s trying to address his own clients’ needs at the same time.
Plans for Syracuse office
Tully Rinckey’s Syracuse office recently added an attorney, enabling the firm to offer a bankruptcy practice in the Northern-Western districts of New York, says Kelly.
“That really was a big move for us,” he adds.
The firm is also recruiting two additional attorneys, which Kelly called the local office’s “chief goal” by the end of the second quarter.
He’s hoping to expand both the number of attorneys in the office and the types of practice areas that the Syracuse office can offer.
Reorganization
Kelly’s new role is part of the reorganization of Tully Rinckey’s management structure.
When Kelly joined the firm, he says it was aligned under a director of legal services, who was responsible for all the attorneys in the firm.
“That become overly burdensome [for that attorney],” says Kelly.
Attorney Thomas Carr, who is of counsel with the firm in its Albany office, held the position, according to Kelly.
Tully Rinckey then added a second, similar position to handle the Washington, D.C. and Alexandria, Virginia locations, or the firm’s southern offices.
The firm considers Albany, Syracuse, Rochester, Buffalo as its northern offices, he adds.
But even that management structure became “overly burdensome,” Kelly noted.
The director of legal services’ position originally focused only on Albany and Syracuse, before Tully Rinckey added offices in Rochester and Buffalo, he says.
Tully Rinckey in early 2014 changed its management model to have a leader in each office instead of two directors of legal services in charge of a group of offices.
Kelly termed it a “boots on the ground” philosophy.
The firm developed the plan at the beginning of its “latest growth phase to decentralize key management functions and reach new levels of efficiency and client
service,” according to the news release announcing Kelly as a managing partner.
The firm has elevated “key” attorneys to newly created managing-partner positions at each office following the firm’s “exponential” growth, it added.
The launch of Tully Rinckey’s Syracuse office in August 2012 started the firm’s “latest growth phase.”
It then opened a Buffalo office the following January, which it then moved to a larger, newly constructed suite that was “some five times larger” than its previous location.
Tully Rinckey also opened an office in Rochester in July 2013. In between, the firm relocated its office in Washington, D.C.
The firm opened its first West Coast office in San Diego in September of last year, it added.
Mathew Tully launched Tully & Associates, PLLC from his ski home in Hunter, New York, according to the firm’s website. Tully, who had worked for the legal department at Morgan Stanley (NYSE: MS), escaped the World Trade Center during the Sept. 11 terrorist attack in 2001.
Greg Rinckey joined the firm in 2004 after having served in the U.S. Army Judge Advocate General’s Corps, also known as the JAG Corps.
The firm became Tully Rinckey & Associates PLLC on Jan.1, 2005, and, with the addition of new partners and offices, changed its name to Tully Rinckey PLLC on Jan. 1, 2008, the website says.
Hancock Estabrook attorneys discuss telemedicine issues at symposium
DeWITT — Four lawyers in the health-care group of Hancock Estabrook, LLP discussed legal issues of telehealth and telemedicine during the Syracuse law firm’s 2015 Health Law Symposium held March 5 at the DoubleTree by Hilton Hotel in DeWitt, near Carrier Circle. The panel discussion covered topics that included reimbursement, licensure, medical-staff credentialing, liability, and
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DeWITT — Four lawyers in the health-care group of Hancock Estabrook, LLP discussed legal issues of telehealth and telemedicine during the Syracuse law firm’s 2015 Health Law Symposium held March 5 at the DoubleTree by Hilton Hotel in DeWitt, near Carrier Circle.
The panel discussion covered topics that included reimbursement, licensure, medical-staff credentialing, liability, and security issues.
The attorneys participating included Mary Miner, Meghan Gaffey, Catherine Diviney, and Laurel Baum.
Reimbursement
“We have some similarities and some inconsistencies” on definitions of telehealth in terms of reimbursement, depending on if you speak to general practitioners or to Medicare representatives, Miner said to open her remarks.
For reimbursement, Medicare defines telehealth as a “condition of payment,” meaning telehealth must use an interactive audio and video-telecommunications system that permits real-time communication between the provider and the patient.
“Interestingly, CMS (Centers for Medicare & Medicaid Services) also has a definition of telemedicine under Medicaid, which is the same as this first definition … but they call it telemedicine,” said Miner.
New York has legislation pending, she added, but currently has a separate definition for telehealth, which includes telemedicine, store and forward technologies (such as the use of digital images and teleradiology services), and remote patient monitoring.
“The main limitation to reimbursement for Medicare has been that they only reimburse for services that are provided to patients in a rural area,” she noted.
But that doesn’t mean that Medicare doesn’t reimburse for other services provided through communication technologies.
“They just don’t call it telehealth or telemedicine,” said Miner.
For example, Medicare reimburses for teleradiology but it’s not telehealth “because the patient isn’t present at that time,” said Miner.
For 2015, Medicare has expanded the services that it will reimburse under telehealth, which include annual wellness visits, psychoanalysis, psychotherapy, and prolonged evaluation and management services, she noted.
Miner also talked about chronic-care management, which doesn’t fall under the telehealth definition because “it’s not necessarily provided by a communication technology in real time.”
She called it an “important development for Medicare” because these services, which are provided to beneficiaries with chronic conditions, can involve care management, care planning, communications between providers, and medication management.
“Previously, these services were not reimbursed separately,” she said.
Miner thinks it signals that Medicare is recognizing that it will need to start reimbursing for the services to “get away from these costly, face-to-face interactions” and to be “more proactive” in treating patients before they have “really significant health problems.”
Physicians could provide the treatment through “other types of communication technologies,” such as phones or secure messaging, she added.
The New York State Legislature in 2014 approved the Telehealth Parity Law, Miner noted.
“What that means is that now commercial payers and Medicaid are going to be required to reimburse for certain telehealth services,” said Miner.
But she also noted the state isn’t currently enforcing the law because Gov. Cuomo’s signature on the legislation was contingent on making some changes to the bill that the legislature approved.
The law was scheduled to take effect Jan.1, but payers “weren’t going to have enough time to adjust,” Miner said.
Other issues centered around what the law would require insurers to reimburse; and reimbursing telemedicine when insurers wouldn’t reimburse for the same services that were provided in a face-to-face visit, she added.
The Senate and Assembly are currently considering some chapter amendments to the legislation, Miner said.
Federal/state differences
Miner went on to outline some differences between how New York and the federal government are treating telemedicine.
The first is a difference in definition, she said.
Telemedicine is defined as the two-way interaction, but the Telehealth Parity Law is going to require commercial insurers to reimburse for these other technologies, including the “store and forward” technology and then for something called remote patient monitoring.
“It’s sort of similar to what Medicare is doing with the chronic-care management. Remote patient monitoring is going to be services provided to a patient in their home and it’s for patients that have chronic-care needs that need frequent monitoring or have technology-dependent care, such as a ventilator, continuous oxygen, or something of that nature,” said Miner.
New York also won’t limit the originating site where the patient is located to rural areas, she added.
“So, that’s another important development that providers will not be limited in that same way that they are under Medicare,” Miner said.
In addition, the way New York is defining qualified providers who can bill for these services, is “at this point, much more expansive than Medicare.”
“It’s going to include social workers, speech pathologists, genetic counselors.”
She noted that part is “subject to change.”
Licensing
In her remarks, Gaffey spoke about professional licensing requirements, which “are generally set at the state level.”
The location of the telemedicine provider will determine the state in which the provider will need a license, she said.
“For instance, if you have a patient here in New York … and a doctor who’s actually physically located in Texas providing telemedicine services to the patient, in which state is the care actually being provided?,” Gaffey asked, in illustrating her example.
In 2000, the state’s Office of Professional Medical Conduct indicated that “as far as they’re concerned, the state in which the patient is located and receiving the services is actually the state of care,” said Gaffey.
Providers who wish to provide telemedicine services to patients in New York they need a license to perform such a service in New York, she added.
Gaffey also discussed credentialing, noting that Medicare, the Joint Commission, and New York … have all [approved] new standards in the last few years that allow providers to rely on the credentialing practices of the telemedicine provider’s location.
“The good news as far as credentialing is that the standards that Medicare and The Joint Commission in New York have passed … are almost identical, so as long as you can make sure you’re following one set of standards, you’re probably following them all,” said Gaffey.
The Joint Commission is an Oakbrook Terrace, Illinois–based independent, nonprofit organization that accredits and certifies more than 20,500 health-care organizations nationwide, according to its website.
Liability
In addressing the liability issue for telemedicine, Diviney said that a successful personal-injury claim involves four elements, including duty, breach, causation, and damages.
“You had a duty, you breached the duty. That caused the injury, and … because of the injury, I had damages,” said Diviney
Diviney then used the remainder of her remarks discussing duty and breach “because the causation and damages … flow from the first two issues,” she added.
Security
Finally, Baum discussed issues involving privacy and security, noting that telemedicine will often involve communication between a provider and a patient over a Skype transmission.
Skype is a messaging program that requires a web camera and an Internet connection to speak with someone who has the same configurations in a different location.
“Somebody in your organization, and it’s definitely going to involve your security [people], needs to be involved to make sure that you have some risk analysis … of the equipment you’re using and your service provider,” said Baum.
She also noted the ongoing debate about whether Skype should be considered a business associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which would require an agreement outlining the Skype-provider relationship as business associates.
Attorney, Viviani, returns to Rome roots
ROME — In April 2014, after spending nearly two decades in the corporate law litigation arena, Louis Viviani opened his own practice, Viviani Law Firm PLLC, in Rome. The firm, located at 416 N. James St. in Rome, is a general practice firm that brings Viviani back to his hometown. The Rome Free Academy
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ROME — In April 2014, after spending nearly two decades in the corporate law litigation arena, Louis Viviani opened his own practice, Viviani Law Firm PLLC, in Rome.
The firm, located at 416 N. James St. in Rome, is a general practice firm that brings Viviani back to his hometown. The Rome Free Academy graduate started his law career in Rome at the O’Shea McDonald and Stevens law firm. Viviani worked there for about five years until joining Costello Cooney & Fearon, PLLC in Syracuse.
“Great office. Great people,” Viviani says of his time at Costello Cooney & Fearon, where he was a partner in the litigation department. However, he said, the time was right for him to branch out and start his own law firm.
“It was always sort of in the back of my mind to have my own practice,” he says. Last spring, the time was finally right. “I felt like I was both old enough and young enough.” At 48, he says, he has the right mix of experience and energy.
He was also eager to get back to a more personal atmosphere, a people’s practice where he has more interaction directly with clients, Viviani notes.
While at Costello Cooney & Fearon, Viviani says his specialty was personal-injury law on the plaintiff’s side. “Here I’m doing more,” he says. “Crime cases, more real estate.”
In a smaller community like Rome, he says, it makes more sense to have a wide practice area instead of focusing on just one thing. “I’m doing a little bit of all of it, and I enjoy it,” he says. Viviani Law Firm offers a variety of legal services including will preparation, real estate, criminal defense, and vehicle and traffic law.
However, his emphasis remains on personal-injury plaintiff cases and trial work.
“There aren’t a ton of plaintiff firms around,” he notes, so there is definitely a void he can fill with his experience.
Viviani is leasing 1,100 square feet on the first floor of the building on North James Street from the Main Street Alliance.
“They did a ton of work on the interior of the building,” he says. The building once housed a bar and restaurant, but the Main Street Alliance did a great job of creating a space that he could finish to suit his needs, Viviani notes.
Though he’s renting now, Viviani says he will have an option to buy after he’s been there a year. The second floor of the building houses an apartment.
The law firm currently employs one legal assistant along with Viviani, but there is space to add more employees as the firm grows. So far, Viviani says he’s been gaining new clients through word-of-mouth and “that’s been really good for me.” The firm does not currently have a website or social-media page.
Viviani is living in DeWitt and commuting daily to his office in Rome, but says now that he’s settled in at the office, he may consider moving to the area where he still has family.
Viviani graduated from the State University of New York at Albany in 1988 and Albany Law School in 1991.
Why You Should Ask Your CPA to Do More Than Your Tax Return
It’s tax time and in all likelihood you’ve had some close, personal contact with your CPA firm during the last few weeks. While taxes and financial statements are probably at the center of conversation … are there other items on the agenda? I sincerely hope so. CPAs are much more than number-crunchers and your
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It’s tax time and in all likelihood you’ve had some close, personal contact with your CPA firm during the last few weeks. While taxes and financial statements are probably at the center of conversation … are there other items on the agenda? I sincerely hope so.
CPAs are much more than number-crunchers and your CPA-client relationship should reflect that dynamic. Certainly, timely and accurate financial information, as well as tax filings, are important, but if the conversation stops there, you are surely missing out.
In the very near term, taxes do matter. Your conversation, however, should go well beyond the balance due. One of the hottest topics at the moment is tangible property. What used to be a relatively simple consideration, focused in many cases on buy now or buy later, has taken on a life of its own. Beyond the initial consideration of what to expend is the determination of category and type of classification. With a multitude of terms swirling around, including 481(a) adjustment, safe harbor, election, partial disposition, and form 3115 — it’s not shocking that many taxpayers are surprised at the impact of the new tangible-property regulations. Without in-depth consultation with your CPA, you can quickly join that club, or worse, file a negligent tax return.
A qualified CPA is also a worthy ally as you work to ensure that your business grows and prospers. Whether considering an expansion or sale, your CPA will provide you with a full understanding of the potential financial outcomes. A conversation that commences after the deal is done can dramatically limit your options, and certainly the opportunity to approach the transaction armed with complete information.
What else should your CPA be doing for you? To begin, your meetings should not be reserved for year-end, alone. Just as you shouldn’t visit your doctor only when you have the flu, you should maintain an ongoing dialogue with your CPA. Does he or she know about your business operations? Your competition? What are your long-term plans for succession? Does your CPA know what keeps you up at night? Your CPA should be a sounding board, an adviser, a partner. The implications of this type of relationship are far-reaching — in a good way.
Let me put a few things on the table for consideration. Beyond tax and financial reporting, what about your financial-reporting system? After all, this is where everything begins. Does the system and available reporting meet your needs, providing timely and reliable information? Many businesses today utilize dashboard reports, but these important tools are only effective when reporting accurate, useful data. A conversation with your CPA can help determine whether any information issues you might be experiencing are system or data related.
Accurate information provides a clear view of the actual cost of doing business. Consideration of direct and indirect costs, overhead, break points, and profitability all combine to tell a story. The combination of key performance indicators and analysis can identify when action is necessary in order to respond to today’s quickly changing business environment. Your CPA can help you synthesize and utilize all of this.
There is almost no limit to the areas where your CPA can provide valuable insight. Financing, workforce issues, expansion, transition, management-information systems, competitive advantage, the list goes on. Broach the topics. The response may be a simple conversation or a more in-depth consultation. Yes, I know, “consultation” sounds expensive, but isn’t the price of failure far greater? You are probably talking with your CPA about taxes, why not much more?
Gail Kinsella is a partner in the Syracuse office of The Bonadio Group accounting firm. Contact Kinsella at gkinsella@bonadio.com
State Comptroller: Fewer school districts overriding tax cap
The number of school districts overriding New York state’s property tax cap fell by more than half over the past three fiscal years, according to a recent report issued by State Comptroller Thomas P. DiNapoli. The report found 19 school districts overrode the cap in 2014-15, down from 44 districts in 2012-13. “Low-need” and
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The number of school districts overriding New York state’s property tax cap fell by more than half over the past three fiscal years, according to a recent report issued by State Comptroller Thomas P. DiNapoli.
The report found 19 school districts overrode the cap in 2014-15, down from 44 districts in 2012-13. “Low-need” and “average-need” districts were twice as likely to go over the tax cap as high-need districts, according to the comptroller.
“As the cap fluctuates below 2 percent, it becomes increasingly difficult to stay under the levy limit while also dealing with increased costs and uncertain state aid. If the past three years are any indication, however, school districts will continue to hold the line on taxes despite these challenges,” DiNapoli said in a news release.
Overall, 6.5 percent of school districts exceeded the tax cap in 2012-13 (44 districts), 4.7 percent (32) in 2013-14, and 2.8 percent (19) in 2014-15, according to the report. In this three-year period, 79 school districts exceeded the cap at least once. Fourteen districts went over the cap in two of the three years and one district exceeded the cap all three years.
Of the districts overriding the cap, the report noted that low-need and average-need districts generally receive less state aid than high-need districts, and therefore were more dependent on property taxes to fund their programs. From 2013-2014 to 2014-2015, 3.3 percent of low- and average-need districts exceeded the cap, while 1.5 percent of high-need districts did so.
DiNapoli’s office also found, based on individual calculations, that 363 school districts could have increased the tax levy by more than 2 percent last year and, of these, 62 could have increased the tax levy by 4 percent or more while technically remaining under the cap. In contrast, 69 districts were held to less than a 1 percent increase — with 17 actually being subject to a levy decrease from the prior year.
Nuances in the complex cap calculations have also resulted in some large year-to-year fluctuations for some districts. For example, one district’s allowable levy limit was 21.7 percent less than in the previous year, while another district’s allowable levy limit was 45.5 percent higher than in the prior year, the comptroller’s report found.
Overall, school-district tax levies increased by nearly the exact amount allowed by the state tax cap. In 2012-13, school districts consumed 99.6 percent of their available limit; in 2013-14, it was 99.2 percent; and in 2014-15, it totaled 99.7 percent.
To read the full report, visit: http://www.osc.state.ny.us/localgov/pubs/research/snapshot/schooldistricttaxcap0215.pdf breakdown of tax levy data, download the Excel file here: http://www.osc.state.ny.us/localgov/pubs/research/snapshot/schooldistricttaxcap0215.xls.
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