Supervision Questions

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BTW, in addition to the liability issues, whether you know it or not, you are being asked to train your own replacement(s). At the very least you are being asked to whittle your own numbers down to the bare minimum of docs collaborating/supervising/bailing out a pack of CRNAs.

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It wasn't Janet but our hospital's legal counsel who attended our department meeting and tried to reassure us. And I have little doubt that our hospital's malpractice coverage and legal team would make every effort to protect us in the case of a bad outcome. I'm more concerned about actually getting named in a lawsuit because that follows you forever.

There are hospitals out there where the physician and CRNA's work completely independently from one another but a physician will still bail a CRNA out in a bind. Would the MD in this scenario still be liable when they came in just to help?
You’re attesting that you were involved in the case. That’s it. Full stop. You’re absolutely liable no matter what your dunce hospital’s crack legal team thinks. Call your malpractice provider and ask them what attesting to a case means and if you’re liable. You know the answer.
F@ck those guys! If you just come in, as an available extra hand not involved in the case in an emergency, then you’re only responsible for your actions after you arrive. Still might be named, but so will everyone else, including the tech and the janitorial staff.
If the patient aspirates and codes, or they’re hypotensive and have a CVA or MI and you come in for the code, none of that pre existing malpractice was your responsibility. You wouldn’t attest to that case either btw. It’s still not your case. You may get named in the suit, but it’s hard to prove you’re responsible for someone else’s malpractice happening to a patient you don’t know in some other OR. They could try to get you for failure to rescue or something like that, but when it comes down to who did what and when, the MAP of 50 for 2 hours was the cause of the CVA, not your treating the post op seizures with midazolam and helping them transport to CT and the ICU.
This is seriously f’d up and your group should tell them to piss off. They want independent CRNAs, they get independent CRNAs. They want you to supervise? Fine, pay me!
Some of you guys practice in some crazy places.
What should you offer instead? Review charts after the fact as part of your audit of their practice. Of course if it’s on paper records it’s going to be the smoothest anesthetic every time though.
 
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Everybody wants to do the right thing, very few are willing to do it when it costs them personally. No anesthesiologist should practice at a hospital like that. Tell the hospital to shove it or leave. If you continue to acquiesce you will only degrade yourself and our profession by extension.
 
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As others have said, get your own lawyers. A good rule of thumb is that if you're not paying them, they aren't there to defend you. The hospitals' lawyers will not be reliable advocates for you.
 
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Everybody wants to do the right thing, very few are willing to do it when it costs them personally. No anesthesiologist should practice at a hospital like that. Tell the hospital to shove it or leave. If you continue to acquiesce you will only degrade yourself and our profession by extension.
100% this. Anyone want to bet that if an administrator or their loved one needed emergency surgery one of the anesthesiologists would be their first choice.
 
Well we're in it. There's no telling "them" to eff off or shove things anywhere because we are part of the hospital now. We are all salaried employees getting benefits, insurance, malpractice from the hospital. Previous to becoming employed, we as a PP group, each had a choice to leave but the hospital offered us a very competitive package and most of us ended up staying. Because of the current climate with anesthesia staffing, CRNA's are in the picture. Trust me...every one of us took pride in being a physician-only group before the transition, but I think it is naive to not realize that mid-levels are ultimately inevitable in our field. What we have in our control here is to try to develop this new CRNA program in the best way possible, with minimum or maximum physician oversight. Initially we all pushed for strong physician oversight because we wanted to make sure our very sick patients were getting good care, but from a legal/liability standpoint it seems like being as hands off as possible might be the easiest way to go..
 
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Well we're in it. There's no telling "them" to eff off or shove things in orifices because we are part of the hospital now. We are all salaried employees getting benefits, insurance, malpractice from the hospital. Previous to becoming employed, we as a PP group, each had a choice to leave but the hospital offered us a very competitive package and most of us ended up staying. Because of the current climate with anesthesia staffing, CRNA's are in the picture. Trust me...every one of us took pride in being a physician-only group before the transition, but I think it is naive to not realize that mid-levels are ultimately inevitable in our field. What we have in our control here is to try to develop this new CRNA program in the best way possible, with minimum or maximum physician oversight. Initially we all pushed for strong physician oversight because we wanted to make sure our very sick patients were getting good care, but from a legal/liability standpoint it seems like being as hands off as possible might be the easiest way to go..
I bet the hospital gave you that competitive package without fully explaining what they had coming down the pipeline. If the hospital is forcing you to practice unethically at best and fraudulently/illegal at worst (at it sounds like you're much much closer to the latter), then you absolutely do need to tell admin to shove it.
 
Well we're in it. There's no telling "them" to eff off or shove things in orifices because we are part of the hospital now. We are all salaried employees getting benefits, insurance, malpractice from the hospital. Previous to becoming employed, we as a PP group, each had a choice to leave but the hospital offered us a very competitive package and most of us ended up staying. Because of the current climate with anesthesia staffing, CRNA's are in the picture. Trust me...every one of us took pride in being a physician-only group before the transition, but I think it is naive to not realize that mid-levels are ultimately inevitable in our field. What we have in our control here is to try to develop this new CRNA program in the best way possible, with minimum or maximum physician oversight. Initially we all pushed for strong physician oversight because we wanted to make sure our very sick patients were getting good care, but from a legal/liability standpoint it seems like being as hands off as possible might be the easiest way to go..

Totally get it. Just don’t trust anything the hospital attorneys and and leadership tell you and pay up for your own good legal counsel.
 
Well we're in it. There's no telling "them" to eff off or shove things in orifices because we are part of the hospital now. We are all salaried employees getting benefits, insurance, malpractice from the hospital. Previous to becoming employed, we as a PP group, each had a choice to leave but the hospital offered us a very competitive package and most of us ended up staying. Because of the current climate with anesthesia staffing, CRNA's are in the picture. Trust me...every one of us took pride in being a physician-only group before the transition, but I think it is naive to not realize that mid-levels are ultimately inevitable in our field. What we have in our control here is to try to develop this new CRNA program in the best way possible, with minimum or maximum physician oversight. Initially we all pushed for strong physician oversight because we wanted to make sure our very sick patients were getting good care, but from a legal/liability standpoint it seems like being as hands off as possible might be the easiest way to go..
There’s nothing wrong with supervising CRNAs, that’s a great way for them to be in the picture. But you have to actually supervise them and be in charge of the patient care not just sign charts. I’m curious to know why the hospital doesn’t want your “monitor” anesthesiologist listed as staff on the cases… what does the free person do all day?
 
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I bet the hospital gave you that competitive package without fully explaining what they had coming down the pipeline. If the hospital is forcing you to practice unethically at best and fraudulently/illegal at worst (at it sounds like you're much much closer to the latter), then you absolutely do need to tell admin to shove it.
Not sure how you arrived at fraudulent. We decided against medical direction to avoid fraud because we all agreed it'd be difficult to fulfill the 7 criteria for medical direction and for multiple rooms. We didn't want to be chart monkeys so we decided against medical supervision. We don't do any notes, we don't even meet the patient unless the CRNAs have a specific concern. Some of us are present for induction for a sicker patient / potential difficult airway. We'll perform blocks and line if the case warrants it. As it stands now, we'll do a chart review of the patient and have the CRNA tell us what their plan is and then give them feedback, whether they take that feedback or not is up to them but we've been filtering out and only hiring CRNAs who are very receptive to physician feedback...which is probably why we only have three. Again, we tried to design the program so that physicians are available as a consultant if there is a concern but otherwise leaving all care and billing to the "independent" CRNA. How is that fraudulent?
 
Sorry to bring OB one more time. Can you attest you're medically directing/sign the chart for epidural placement if you're available (covering other OR cases)but not physically present when it is placed by the CRNA. I believe some/many practices have CRNAs do epidurals, are you present for every placement like you do for OR inductions ?
OB and billing gets complicated. It can be medical direction if you are directing no more than 4 locations and you are present for catheter placement/test/bolus or whatever your institution considers the critical portion of the procedure. Otherwise it should be billed as medical supervision or QZ if you are not involved at all.

Interestingly, if you are medically directing 4 locations you actually can place the epidural yourself and still be in compliance with CMS guidelines for direction.
 
Not sure how you arrived at fraudulent. We decided against medical direction to avoid fraud because we all agreed it'd be difficult to fulfill the 7 criteria for medical direction and for multiple rooms. We didn't want to be chart monkeys so we decided against medical supervision. We don't do any notes, we don't even meet the patient unless the CRNAs have a specific concern. Some of us are present for induction for a sicker patient / potential difficult airway. We'll perform blocks and line if the case warrants it. As it stands now, we'll do a chart review of the patient and have the CRNA tell us what their plan is and then give them feedback, whether they take that feedback or not is up to them but we've been filtering out and only hiring CRNAs who are very receptive to physician feedback...which is probably why we only have three. Again, we tried to design the program so that physicians are available as a consultant if there is a concern but otherwise leaving all care and billing to the "independent" CRNA. How is that fraudulent?
My apologies. I went back a re-read the thread and realized I was getting you confused with the OP.
 
It is definitely not fraudulent what you are doing. It is likely opening up malpractice risk.

The best way to have crnas integrated and still be involved in the practice would be for 1 doc to supervise the 3 crnas.
 
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Not sure how you arrived at fraudulent. We decided against medical direction to avoid fraud because we all agreed it'd be difficult to fulfill the 7 criteria for medical direction and for multiple rooms. We didn't want to be chart monkeys so we decided against medical supervision. We don't do any notes, we don't even meet the patient unless the CRNAs have a specific concern. Some of us are present for induction for a sicker patient / potential difficult airway. We'll perform blocks and line if the case warrants it. As it stands now, we'll do a chart review of the patient and have the CRNA tell us what their plan is and then give them feedback, whether they take that feedback or not is up to them but we've been filtering out and only hiring CRNAs who are very receptive to physician feedback...which is probably why we only have three. Again, we tried to design the program so that physicians are available as a consultant if there is a concern but otherwise leaving all care and billing to the "independent" CRNA. How is that fraudulent?

I'll say it very simply. Either put one doc on a true medical supervision (or direction) shift for those three CRNAs each day, or totally remove yourselves from the CRNAs' independent care (including making sure your names do not appear anywhere in CRNA-only anesthetic records).

As it stands, your model has essentially all of the medicolegal downsides of supervision and none of the protection (or money - are you getting a piece of the CRNA revenue?) that comes from an anesthesiologist's involvement.
 
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Thank you all for the helpful feedback! What I gather is that 2-liner attestation we are noting in the chart is hurting us more than helping us in terms of liability. Would the terms of this set up be more acceptable if an attestation wasn't required? If not, really what model would be acceptable to you guys when CRNAs are in the picture? Medical direction, supervision? Regardless, your name would be in the chart and you would at least be named in a lawsuit, correct?

And yes I am in an opt-out state.
If you are in an opt-out state, tell the hospital that CRNAS DO NOT need your attestation. DONE. If you are comfortable with that arrangement, fine:stay. If you aren;t I would bounce. If you want to attest, tell them you want an exorbitant fee. When they say no, resign.

The real solution is as follows. Set up a medical direction model 1:3 or 1:4. But that may hurt the feelings of everyone involved cuz then everyone is not equal. Freakin liberal snowflakes
 
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Not sure how you arrived at fraudulent. We decided against medical direction to avoid fraud because we all agreed it'd be difficult to fulfill the 7 criteria for medical direction and for multiple rooms. We didn't want to be chart monkeys so we decided against medical supervision. We don't do any notes, we don't even meet the patient unless the CRNAs have a specific concern. Some of us are present for induction for a sicker patient / potential difficult airway. We'll perform blocks and line if the case warrants it. As it stands now, we'll do a chart review of the patient and have the CRNA tell us what their plan is and then give them feedback, whether they take that feedback or not is up to them but we've been filtering out and only hiring CRNAs who are very receptive to physician feedback...which is probably why we only have three. Again, we tried to design the program so that physicians are available as a consultant if there is a concern but otherwise leaving all care and billing to the "independent" CRNA. How is that fraudulent?

On one hand I applaud your group as you said you're not up for medical direction, and I can't blame you. But on the other hand, it appears that you and your group have put yourselves on the hook with your attestation, mediolegally speaking, without actually being involved in the care. It's a weird setup. If your CRNAs practice independently, and your hospital is recruiting/hiring for independent CRNAs, then let them be independent.

Also strange is you keep a physician free during the day to monitor these CRNAs. You're effectively supervising/directing them without calling it as such. I'm not a fan of medical direction, but if you have a free physician who's available and responsible for the CRNAs, I really don't know why you wouldn't just medically direct them. I'd be honest and call it what it is. Either direct them and be involved, or don't, and don't attest to it. If you're saying it's all moot anyway because the hospital already has this setup and their lawyer (not your lawyer....) signed off on it then I don't really know why you posted. Also, don't live under the impression that the hospital lawyer, and the hospital, will help you in time of need. They will help themselves, and if by doing that you get helped at the same time, so be it. But if your interests diverge, then you're on your own buddy.
 
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Also strange is you keep a physician free during the day to monitor these CRNAs. You're effectively supervising/directing them without calling it as such. I'm not a fan of medical direction, but if you have a free physician who's available and responsible for the CRNAs, I really don't know why you wouldn't just medically direct them. I'd be honest and call it what it is. Either direct them and be involved, or don't, and don't attest to it. If you're saying it's all moot anyway because the hospital already has this setup and their lawyer (not your lawyer....) signed off on it then I don't really know why you posted. Also, don't live under the impression that the hospital lawyer, and the hospital, will help you in time of need. They will help themselves, and if by doing that you get helped at the same time, so be it. But if your interests diverge, then you're on your own buddy.
We have enough locums coverage for now to have a physician free to "monitor" the new CRNAs. Eventually the locums will be phased out and the AIC of the day will likely become the physician who is available to help the CRNAs. Does medical supervision require any physician involvement (pre-op, induction, emergence, attestation, etc) or is it just the billing modifier that matters? From what I've read there is no requirement for physicians to be involved in the case at all for medical supervision. If attestation/involvement isn't a requirement why would anyone even want to do medical supervision? From a collections standpoint, wouldn't it make sense to let the CRNA's be independent (which it seems like they already are in the supervision model) and take home full collections? I apologize in advance if these questions are elementary- essentially everyone in our department has only worked in a physician only practice and integrating CRNAs into our workflow is proving to be an uneasy transition.
 
You are getting confused confused with 2 separate issues. These issues are not the same.

1. Billing issue- This refers to the legality of billing carriers for the service of anesthesia. QZ billing doesn't require a whole lot from you other than some form of participation in the care of the patient. An example, is a preop note or "bailing the CRNA out." If you are supervising CRNAS in any manner, you should not be doing your own cases as well (if your hospital or state requires supervision). Since there is no limit on supervision, you can be doing your own case while your partner supervises 12 crnas. Hence, ask your partner to sign those charts if you are doing your own case. A CRNA can bill for his/her own case without your name on the chart at all.

2. Liability- This is a separate issue from billing. Any time you see a patient and document information on the record you may be liable for a bad occurrence. Regardless of how you bill for a case, as the "supervisor" any negligence by your "team members" will be reflected back on you to some degree. Of Course, there is a chance your name will be dropped from the lawsuit but typically, you do get named as a defendant in the case. By signing the chart of your CRNAs, you are assuming some degree of medical liability if you are viewed as their supervisor. If however, you have a legal, binding agreement from the hospital and CRNA pointing out your limited role in covering independent CRNAs, this will go a long way in assisting your defense.


 
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The QZ Problem:

Given this context and introduction, let’s discuss a significant billing issue that could have detrimental implications for anesthesiologists: the QZ billing modifier. The QZ modifier was designed to signify those instances in which a CRNA is administering anesthesia with no supervision. Given the fact that the overwhelming majority of states require physician supervision of CRNAs in the administration of anesthesia – coupled with the fact that even in the 16 “opt-out” states, many of the hospitals still require some level of physician supervision – one would hypothesize that the QZ modifier would be used in relatively limited circumstances. In reality, it is used on thousands, perhaps millions of anesthesia claims. Why? One word – economics. Over the years the QZ modifier has been twisted and contorted from its intended purpose to essentially a “catch-all” modifier for some practicing in the care team model. The documentation and regulatory requirements of medical direction are relatively onerous. If an anesthesia practice employs the anesthesiologists and CRNAs all payments flow to the practice, regardless of who is “credited” with providing the service.
 
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1. Personally performed. a. Report personally performed CRNA anesthesia services with modifier QZ. b. Anesthesia services submitted with modifier QZ will be reimbursed at the full applicable CRNA fee schedule rate, as the CRNA personally performed the full anesthesia service without medical direction or supervision by a physician.

 
1. Personally performed. a. Report personally performed CRNA anesthesia services with modifier QZ. b. Anesthesia services submitted with modifier QZ will be reimbursed at the full applicable CRNA fee schedule rate, as the CRNA personally performed the full anesthesia service without medical direction or supervision by a physician.

Many practices bill using the "QZ" modifier eliminating any legal issues with billing. No Supervision or Direction is required to bill and collect under the QZ modifier if you are utilizing CRNAs.

'Supervision" term is used to signify the Anesthesiologist did indeed interact someway with the patient to fulfill hospital and/or state legal requirements for working with CRNAs. This supervision is a term simply used to make sure the CRNA and you are practicing anesthesia legally in your hospital and state.

The "catch" to any supervision, where you name is on the chart, is legal liability for a bad occurrence where you will be named a co-defendant.
 
We have enough locums coverage for now to have a physician free to "monitor" the new CRNAs. Eventually the locums will be phased out and the AIC of the day will likely become the physician who is available to help the CRNAs. Does medical supervision require any physician involvement (pre-op, induction, emergence, attestation, etc) or is it just the billing modifier that matters? From what I've read there is no requirement for physicians to be involved in the case at all for medical supervision. If attestation/involvement isn't a requirement why would anyone even want to do medical supervision? From a collections standpoint, wouldn't it make sense to let the CRNA's be independent (which it seems like they already are in the supervision model) and take home full collections? I apologize in advance if these questions are elementary- essentially everyone in our department has only worked in a physician only practice and integrating CRNAs into our workflow is proving to be an uneasy transition.
What do you tell the patients? DO the patients ask questions? Are they that in the dark? DO you tell them, you will be getting a nurse today, but dont worry if that nurse gets in trouble with her or his decisions they can call the anesthesia in charge for back up? You really should be medically directing them to avoid those conversations. Also, how much are these crnas making?
 
You are getting confused confused with 2 separate issues. These issues are not the same.

1. Billing issue- This refers to the legality of billing carriers for the service of anesthesia. QZ billing doesn't require a whole lot from you other than some form of participation in the care of the patient. An example, is a preop note or "bailing the CRNA out." If you are supervising CRNAS in any manner, you should not be doing your own cases as well (if your hospital or state requires supervision). Since there is no limit on supervision, you can be doing your own case while your partner supervises 12 crnas. Hence, ask your partner to sign those charts if you are doing your own case. A CRNA can bill for his/her own case without your name on the chart at all.

2. Liability- This is a separate issue from billing. Any time you see a patient and document information on the record you may be liable for a bad occurrence. Regardless of how you bill for a case, as the "supervisor" any negligence by your "team members" will be reflected back on you to some degree. Of Course, there is a chance your name will be dropped from the lawsuit but typically, you do get named as a defendant in the case. By signing the chart of your CRNAs, you are assuming some degree of medical liability if you are viewed as their supervisor. If however, you have a legal, binding agreement from the hospital and CRNA pointing out your limited role in covering independent CRNAs, this will go a long way in assisting your defense.


You have to understand how little people (even us) know about supervising and the requirements. So once the circulator puts your name as Anesthesiologist, that can mean anything but most people will construe it as.... you are responsible for everything. IN their mind, how can it mean anything different? They dont know what American politics is all about yet. So good luck explaining to a jury or at deposition that even though it says you were supervising you were really only supervising if called in and you really arent responsible for the knocked out tooth, post op stroke, MI, aspiration or whatever. The good news is that you have plenty of time at deposition to explain yourself most places block out an entire day.

I have worked with CRNAs who think it is ok to mask ventilate an acute appendicitis and argue with me when I tell them it's probably not a good idea. Their respons, " patient is young and o/w healthy". What do you say to that? True story happened on multiple occasions And these were good ones.
 
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You have to understand how little people (even us) know about supervising and the requirements. So once the circulator puts your name as Anesthesiologist, that can mean anything but most people will construe it as.... you are responsible for everything. IN their mind, how can it mean anything different? They dont know what American politics is all about yet. So good luck explaining to a jury or at deposition that even though it says you were supervising you were really only supervising if called in and you really arent responsible for the knocked out tooth, post op stroke, MI, aspiration or whatever. The good news is that you have plenty of time at deposition to explain yourself most places block out an entire day.

I have worked with CRNAs who think it is ok to mask ventilate an acute appendicitis and argue with me when I tell them it's probably not a good idea. Their respons, " patient is young and o/w healthy". What do you say to that? True story happened on multiple occasions And these were good ones.
I have been around the block many times; I know what it's like to be in the hot seat. Rather than disagree with you, I fully agree that "supervision" is the same as "Medical Direction" in terms of malpractice/liability for your CRNAs. In fact, you are more likely to be sued with supervision, IMHO, because you are less involved with each anesthetic. The BUCK stops with the attending anesthesiologist of record, period.
 
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You are getting confused confused with 2 separate issues. These issues are not the same.

I understand that the billing and liability are separate issues. In fact, billing is less of a concern now that we are salaried employees. Medicolegal liability is the crux of the issue for us.

Is there any less liability with medical direction/supervision model vs using independent CRNAs? It seems to me that there would be higher liability with medical direction/supervision because the physician is actually clinically involved in the case and chart (medical direction) and at the very least perceived to be more involved in the care of the patient (supervision). With independent CRNAs, they are flying solo and if the physician is not doing any sort of attestation in the chart, there would be less liability (but not zero) on the physician who is there as a curbside consultant/rescuer....am I understanding this correctly?

Operationally, is there really a difference between medical supervision and independent CRNAs? It seems like CRNAs are still running the show in this model and again the physician is just a consultant/rescuer.
 
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I understand that the billing and liability are separate issues. In fact, billing is less of a concern now that we are salaried employees. Medicolegal liability is the crux of the issue for us.

Is there any less liability with medical direction/supervision model vs using independent CRNAs? It seems to me that there would be higher liability with medical direction/supervision because the physician is actually clinically involved in the case and chart (medical direction) and at the very least perceived to be more involved in the care of the patient (supervision). With independent CRNAs, they are flying solo and if the physician is not doing any sort of attestation in the chart, there would be less liability (but not zero) on the physician who is there as a curbside consultant/rescuer....am I understanding this correctly?

Operationally, is there really a difference between medical supervision and independent CRNAs? It seems like CRNAs are still running the show in this model and again the physician is just a consultant/rescuer.
Here is what i would do on days that you are "supervising". Do not examine ANY patients pre operatively!! Just be available by phone for any consultations by CRNAs. If you are consulted, only then, do you place a short sweet note in the chart saying something along the lines of

"called by crna for x problem. I have not been involved with patients care until this very moment. Patient SPO2 81 percent when I walked into the room.
I listened to breath sounds and ETT clearly in the mainstem b ronchus. I pulled the ETT back a few cm. Problem solved."

Do not attest to any thing else. If you start attesting that you were immediately available and present for key portions you are attesting you were part of the anesthetic plan and you will be taken down as well. Ask the hosp. management if they are ok with that? My guess they wont be.
 
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I understand that the billing and liability are separate issues. In fact, billing is less of a concern now that we are salaried employees. Medicolegal liability is the crux of the issue for us.

Is there any less liability with medical direction/supervision model vs using independent CRNAs? It seems to me that there would be higher liability with medical direction/supervision because the physician is actually clinically involved in the case and chart (medical direction) and at the very least perceived to be more involved in the care of the patient (supervision). With independent CRNAs, they are flying solo and if the physician is not doing any sort of attestation in the chart, there would be less liability (but not zero) on the physician who is there as a curbside consultant/rescuer....am I understanding this correctly?

Operationally, is there really a difference between medical supervision and independent CRNAs? It seems like CRNAs are still running the show in this model and again the physician is just a consultant/rescuer.
If you state laws and hospital by laws allow independent crna practice then keep your name off the record/chart. If your name appears on the chart in any manner you will be named as co-defendant. It’s possible you will be dropped from the suit later on in the case but that depends on your proving the crna was actually practicing independently.
 
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. With independent CRNAs, they are flying solo and if the physician is not doing any sort of attestation in the chart, there would be less liability (but not zero) on the physician who is there as a curbside consultant/rescuer....am I understanding this correctly?

The crux of the issue here is that you guys are doing some kind of attestation in the CRNAs' charts. Which as I said means that you're assuming all the liability of medical direction/supervision, but without the anesthesiologist input (formulating anesthesia plan, being present for the critical portions of the case) which makes direction presumably safer.

If your name is *nowhere* in the chart, then yes, you are correct, the only liability you would assume would be for any actions you performed when bailing them out, and even then it would probably be favorable for you medicolegally because of the good samaritan nature of your involvement.
 
The crux of the issue here is that you guys are doing some kind of attestation in the CRNAs' charts. Which as I said means that you're assuming all the liability of medical direction/supervision, but without the anesthesiologist input (formulating anesthesia plan, being present for the critical portions of the case) which makes direction presumably safer.

If your name is *nowhere* in the chart, then yes, you are correct, the only liability you would assume would be for any actions you performed when bailing them out, and even then it would probably be favorable for you medicolegally because of the good samaritan nature of your involvement.
There are no "good samaritans" in hospitals.
Your name might not be in the chart, but if you had a duty to supervise (even nominally) per your contract or med staff bylaws you are not safe medico legally.
 
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Even if you avoid attesting or having your name listed on the chart it sounds like the plan is still for your group to act as a backup to the CRNAs when (not if) they get into trouble. That arrangement is ethically problematic for me. Seemingly your group is consenting to the idea that patients only really need an anesthesiologist if critical events occur but do not gain significant benefit from an anesthesiologist directing the anesthetic so as to avoid those critical events in the first place.

I would tell the hospital that independent CRNA practice is substandard care and that you cannot condone it by acting as their backstop. If they want independent practice they can truly practice independently.
 
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Don't assume that when you get called "stat" to a room to help an independent CRNA that good samaritan laws will automatically apply. This will be a case by case basis and the trial lawyer will still try to sue you if possible.

"EtCo2 is dropping along with the BP" so CRNA sally calls you stat to her room. You run through the algorithm and decide the ETT is main stem because the peak airway pressure is high and there is difficulty ventilating the patient. You suck out the ETT and pull it back 2 cm. There is no change in the patient's condition but now the saturations are dropping. 30 seconds later the patient arrests with hypotension and V. Tach. You check the breath sounds and they are absent on the right side. You notice the right chest wall isn't moving either. You quickly decompress the right lung with a 14G needle and the vitals start to stabilize. CPR was ongoing for 3 minutes.

You Opine that the ETT Was mainstem for 1 hour and this created high peak airway pressures combined with the insufflation from the laparoscopy. YOu reacted quickly to the situation after CRNA Sally called you for help. You estimate that maybe 5-6 minutes passed before you made the correct diagnosis and initiated treatment. Unfortunately, the patient suffered some brain injury during the code and now has memory issues, cognitive difficulties and behavioral problems. The plaintiff's lawyer is suing Both the CRNA and you for failing to recognize and take appropriate corrective actions in a timely manner. They have retained several experts to testify against you.
 
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There are no "good samaritans" in hospitals.
Your name might not be in the chart, but if you had a duty to supervise (even nominally) per your contract or med staff bylaws you are not safe medico legally.

Even if you avoid attesting or having your name listed on the chart it sounds like the plan is still for your group to act as a backup to the CRNAs when (not if) they get into trouble. That arrangement is ethically problematic for me. Seemingly your group is consenting to the idea that patients only really need an anesthesiologist if critical events occur but do not gain significant benefit from an anesthesiologist directing the anesthetic so as to avoid those critical events in the first place.

I would tell the hospital that independent CRNA practice is substandard care and that you cannot condone it by acting as their backstop. If they want independent practice they can truly practice independently.

I don’t think I was clear but what I meant is that they’re only responding to bonafide emergencies- the same way a code team responds to a situation with a hospitalized patient with whom they have not established a prior physician-patient relationship. It is the ethical response and does not have the same medicolegal repercussions as supervision assuming their contracts lay out that relationship explicitly. However, it should be noted that even in a purely good Samaritan emergency situation one is still not totally devoid of medicolegal liability
 
I don’t think I was clear but what I meant is that they’re only responding to bonafide emergencies- the same way a code team responds to a situation with a hospitalized patient with whom they have not established a prior physician-patient relationship. It is the ethical response and does not have the same medicolegal repercussions as supervision assuming their contracts lay out that relationship explicitly. However, it should be noted that even in a purely good Samaritan emergency situation one is still not totally devoid of medicolegal liability
I do understand the ultimate plan is to act more like code team responders. The ethical dilemma is that rescuing patients enables the hospital’s bad behavior and ensures more patients will need rescuing. Can’t imagine a hospitalist team would be too pleased if they were asked to respond to codes for an RN run inpatient service.
 
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If you start attesting that you were immediately available and present for key portions you are attesting you were part of the anesthetic plan and you will be taken down as well.
This is pretty much the textbook definition of "medical supervision". Of course you're on the hook.
 
Now that you all are employed, the hospital is likely billing qz for the crnas to collect 100% of the billing. But, they likely want you to do your attestations because their legal team feels it's safer for them as a hospital to have an anesthesiologist involved in case if there is a bad outcome. This way they get a doc involved and still make the job appealing to md's because they sell it as 'you don't have to supervise them really.' and they still collect max collections. This setup just puts you say max liability because crnas are essentially solo but you are still liable and aren't reaping any of the benefit.

The QZ Problem N/A 50% 50% 100% Given this context and introduction, let’s discuss a significant billing issue that could have detrimental implications for anesthesiologists: the QZ billing modifier. The QZ modifier was designed to signify those instances in which a CRNA is administering anesthesia with no supervision. Given the fact that the overwhelming majority of states require physician supervision of CRNAs in the administration of anesthesia – coupled with the fact that even in the 16 “opt-out” states, many of the hospitals still require some level of physician supervision – one would hypothesize that the QZ modifier would be used in relatively limited circumstances. In reality, it is used on thousands, perhaps millions of anesthesia claims. Why? One word – economics. Over the years the QZ modifier has been twisted and contorted from its intended purpose to essentially a “catch-all” modifier for some practicing in the care team model. The documentation and regulatory requirements of medical direction are relatively onerous. If an anesthesia practice employs the anesthesiologists and CRNAs all payments flow to the practice, regardless of who is “credited” with providing the service. There is an appealing prospect of obtaining full payment with the least amount of administrative work. The QZ modifier affords this luxury with 100 percent of the allowed amount with limited admini- strative burdens. 2009 Medicare claims data shows 23.8 percent of cases are being reported QZ (Figure 1). By reporting QZ, the data greatly underreports the number of cases that anesthesiologists are actually involved in (58.6 percent), strengthening the CRNA assertion of independent practice (Figure 2).


 
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Now that you all are employed, the hospital is likely billing qz for the crnas to collect 100% of the billing. But, they likely want you to do your attestations because their legal team feels it's safer for them as a hospital to have an anesthesiologist involved in case if there is a bad outcome. This way they get a doc involved and still make the job appealing to md's because they sell it as 'you don't have to supervise them really.' and they still collect max collections. This setup just puts you say max liability because crnas are essentially solo but you are still liable and aren't reaping any of the benefit.

The QZ Problem N/A 50% 50% 100% Given this context and introduction, let’s discuss a significant billing issue that could have detrimental implications for anesthesiologists: the QZ billing modifier. The QZ modifier was designed to signify those instances in which a CRNA is administering anesthesia with no supervision. Given the fact that the overwhelming majority of states require physician supervision of CRNAs in the administration of anesthesia – coupled with the fact that even in the 16 “opt-out” states, many of the hospitals still require some level of physician supervision – one would hypothesize that the QZ modifier would be used in relatively limited circumstances. In reality, it is used on thousands, perhaps millions of anesthesia claims. Why? One word – economics. Over the years the QZ modifier has been twisted and contorted from its intended purpose to essentially a “catch-all” modifier for some practicing in the care team model. The documentation and regulatory requirements of medical direction are relatively onerous. If an anesthesia practice employs the anesthesiologists and CRNAs all payments flow to the practice, regardless of who is “credited” with providing the service. There is an appealing prospect of obtaining full payment with the least amount of administrative work. The QZ modifier affords this luxury with 100 percent of the allowed amount with limited admini- strative burdens. 2009 Medicare claims data shows 23.8 percent of cases are being reported QZ (Figure 1). By reporting QZ, the data greatly underreports the number of cases that anesthesiologists are actually involved in (58.6 percent), strengthening the CRNA assertion of independent practice (Figure 2).

Bingo. All the control has shifted to the hospital. As a hospital employee, they are in control of what will be done in their hospital. Don't like it? There's only one other choice.
 
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But, they likely want you to do your attestations because their legal team feels it's safer for them as a hospital to have an anesthesiologist involved in case if there is a bad outcome
If it is an opt out state, the hospitals are not liable, the crna is. That is the definition of opt out, the crnas are independent
 
If it is an opt out state, the hospitals are not liable, the crna is. That is the definition of opt out, the crnas are independent
Yes, I know that but this gives the hospital a buffer if there is a bad outcome, put blame on the anesthesiologist.
In a bad outcome with crna independent practice, I'm sure the hospital is still going to be paying a big sum.
 
In a bad outcome with crna independent practice, I'm sure the hospital is still going to be paying a big sum.
Why? if its legal? Im sure in the court of public opinion they will get toasted tho
 
If it is an opt out state, the hospitals are not liable, the crna is. That is the definition of opt out, the crnas are independent
Opt-Out is a billing distinction - not sure it absolves an anesthesiologist of all liability, especially if they're "attesting" etc.
 
Opt-Out is a billing distinction - not sure it absolves an anesthesiologist of all liability, especially if they're "attesting" etc.
It certainly absolves legally especially when you are not around.
 
What? I haven't heard this. I always thought it was that CRNA's are independent from anesthesiologist oversight... not that they're entirely independent from the hospital, their employer, etc.
Cmon,when you are an indy crna the hospital is not responsible for your actions. You can make an argument if the patient is not told they have an indy CRNA on their hands they would not have consented. We are all waiting for that lawsuit.
 
What? I haven't heard this. I always thought it was that CRNA's are independent from anesthesiologist oversight... not that they're entirely independent from the hospital, their employer, etc.

This is a random quote from a law firms website and applys to the discussion where the hospital is being held liable in a bad outcome. For example, one could argue that even in an opt out state, for certain procedures the hospital was negligible for allowing crnas perform anesthetics for certain procedures.

You could easily substitute 'crna' for 'anesthesiologist' in the following.

In some cases, it is also possible for the hospital or medical facility to be held liable for the negligence that occurred, based primarily on two legal theories:

Vicarious liability – when the anesthesiologist is employed by the hospital, the hospital will automatically be liable for any negligence committed by its employee (the anesthesiologist).
Negligent hiring and supervision – if the anesthesiologist is an independent contractor, the hospital may be held responsible


 
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