April 1996 Bulletin

Fellowship approves resolutions, bylaws changes


by D. Eugene Thompson, MD, Academy secretary

The Fellowship adopted the following resolutions at its 1996 Annual Meeting:

Resolution 1: Adoption of the 501(c)(6) tax status for the Academy

Resolved, that the American Academy of Orthopaedic Surgeons shall begin the timely and fiscally appropriate change from its current 501(c)(3) tax status to become a 501(c)(6) organization (with an affiliated 501(c)(3) organization), if or when the Board determines it is strategically appropriate.

Action: The Board continues to actively monitor the Academy's activities in the volatile health care arena. It is prepared to convert the tax status of the Academy if or when the Academy activities in this arena require such a conversion.

Resolution 2: Enabling physicians to ethically practice in a managed care system

A. Resolved, that it shall be the policy of the American Academy of Orthopaedic Surgeons to support and endorse legislation which would:

Prohibit the dismissal of physicians who are members of Managed Care Organization panels without due process;

Prohibit financial incentives by a Managed Care Organization which would deny or interfere with the provision of appropriate medical care; and

Prohibit any policies, loyalty oaths, or "gag" clauses of a Managed Care Organization which would impede or interfere with the physician-patient relationship.

B. Resolved, that the American Academy of Orthopaedic Surgeons shall study the issue of open panels in managed care for the purpose of measuring the effect of such panels upon patients, physicians, business, government and the managed care industry.

Action: The Council on Health Policy and Practice has charged several of its committees to examine the issue of physicians in closed panels under managed care organizations. The Academy has supported legislation to prohibit financial incentives by managed care organizations to deny or interfere with the provision of adequate care and to prohibit policies, loyalty oaths, or "gag" clauses.

Resolution 3: Retention of a separate volume performance standard for surgery

The Fellowship did not adopt this resolution.

Resolutions 4-9: Board review of previously adopted resolutions

The Fellowship adopted all of the changes proposed by the Board of Directors and endorsed by the Resolutions Committee:

Resolution 4, adopted in 1990, deals with orthopaedic fellowships and CAQs. The Board of Directors recommends no change in existing Academy policy. The Resolutions Committee concurs.

Resolution 5, adopted in 1990, deals with the Academy's Annual Meeting. The Board of Directors believes this resolution is redundant because of the 1995 action of the Fellowship on the same issue. The Resolutions Committee concurs.

Resolution 6, adopted in 1990, deals with the reclassification of orthopaedic devices by the FDA. The Board of Directors recommends no change in existing Academy policy. The Resolutions Committee concurs.

Resolution 7, adopted in 1990, deals with an update of orthopaedic knowledge, recertification and the American Board of Orthopaedic Surgery (ABOS). The Board of Directors recommends no change in existing Academy policy. The Resolutions Committee concurs.

Resolution 8, adopted in 1991, deals with recertification, the ABOS and the fifth pathway for recertification. The Board of Directors recommends no change in existing Academy policy. The Resolutions Committee concurs.

Resolution 9, adopted in 1991, deals with Medicare reimbursement, friend of the court briefs and public information campaigns. The Board recommends no change in existing Academy policy, but does recommend the adoption of some clarifying, alternative language. The Resolutions Committee concurs.

Resolution 10: Condolences to the DeHaven family

Resolved, that the Fellowship of the American Academy of Orthopaedic Surgeons, assembled on Feb. 26, 1996, shall send its sincere condolences to the DeHaven family.

Action: The Academy sent a letter of condolences to the DeHaven family.


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