Category: SEPTEMBER – OCTOBER MD News 2022

Daniel Alexander, MD, Joins Auburn Orthopedic Specialists

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By Molly English-Bowers

Monday, August 29, 2022

Auburn Orthopedic Specialists (AOS), affiliated with Auburn Community Hospital, has added another orthopedic surgeon to its growing practice. Daniel Alexander, MD, is one of the most respected and accomplished orthopedic surgeons in upstate New York, with 20 years of experience performing more than 20,000 surgeries. Recognized for both his professional achievements and his community service, Dr. Alexander will join AOS in early October.

“I am thrilled to join the team at Auburn Orthopedic Specialists, and to be a part of Auburn Hospital and this community,” says Dr. Alexander, whose specialty is joint replacement surgery. “The medical professionals at AOS have built a first-class orthopedic practice, and I look forward to helping them grow this practice.”

He will join four physicians and three physician assistants with expertise in a variety of fields ranging from hand and wrist surgery to sports medicine and joint replacement.

Dr. Alexander is a leader in ROSA (Robotic Surgical Assistant) total knee arthroplasty and has performed arthroscopic surgeries and treated orthopedic trauma and fracture fixation. A Fellow of the American Academy of Orthopedic Surgeons, he’s at the forefront of orthopedic care and research.

“We are thrilled to have someone of Dr. Alexander’s stature and experience join AOS and the hospital,” says Scott Berlucchi, President and CEO of Auburn Community Hospital. “His experience and desire to stay on top of the latest orthopedic procedures and technology will be a tremendous asset to our community.”

Dr. Alexander will join the physicians at Auburn Orthopedic Specialists’ total joint replacement program and work closely with referring primary care providers and patients to ensure excellence in care from diagnosis to rehabilitation.

“All of the surgeons at AOS are doing remarkable work and I am impressed with the investments Auburn Community Hospital leadership has made in new technology to allow this practice to grow and serve the community,” Dr. Alexander says.

Reaching Residents in Other Ways

Daniel Alexander, MD, has an impressive medical resume, but his community service is also noteworthy, particularly his reach to the underserved. He was instrumental in building the new state-of-the-art emergency department at Newark-Wayne Community Hospital, and is responsible for building a community center in one of Buffalo’s poorest neighborhoods, where he grew up.

Dr. Alexander also helped build a Boys and Girls Club in Geneva, New York, to connect and empower young people to reach their full potential. He currently co-chairs “Boldly Buffalo,” a fundraising campaign to support his alma mater, the University of Buffalo (UB), including the UB medical school. Under his leadership, the campaign will soon meet its goal of raising $1 billion.

Dr. Alexander received his medical degree from the State University of New York at Buffalo and completed his training at Henry Ford Hospital in Detroit, Michigan. He is the founder of Finger Lakes Bone and Joint Center and Open MRI of the Finger Lakes, and was Chair of Orthopedics for Rochester Regional Health eastern region. He will soon depart his current position at Newark Wayne Community Hospital and Clifton Springs Hospital.

For the Upstate Transplant Program, Nurses Are the Linchpin

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By Thomas Crocker

Thursday, August 18, 2022

Nurses play an indispensable part in helping the Upstate Transplant Program at Upstate University Hospital burnish its reputation as one of the leading kidney and pancreas transplant providers in New York state.

The Upstate Transplant Program numbers 40 people, including 14 nurses. Here, a portion of the team gathers alongside a Mercy Flight Central (MFC) helicopter on the helipad atop Upstate University Hospital. A short time before, the helicopter had completed an emergency transport to the hospital.
 

One of the first programs of its kind in the Northeast, and the only approved pediatric transplant program in Central New York, the Upstate Transplant Program has a long history of providing adult and pediatric kidney transplants. In 2016, it broadened its scope to include adult pancreas transplants, making it the second-largest pancreas transplant program in the state.

Upstate Transplant surgeons and nephrologists have, combined, more than 150 years of transplant experience, with more than 1,000 deceased donor kidney transplants and more than 400 living donor kidney transplants. The program’s location in the geographic center of New York state makes it a convenient choice not only for patients across the state but also for those in neighboring states.

Shorter-than-average wait times and excellent outcomes are hallmarks of the Upstate Transplant Program. For example, from Jan. 1, 2016, to June 30, 2021, 37.5% of the program’s adult kidney transplant patients received a transplant within two years of listing compared with a national average of 25.7%, according to the Scientific Registry of Transplant Recipients (SRTR). The program’s transplant success rates equal, and in many cases surpass, national averages, according to the SRTR and United Network for Organ Sharing.

“Transplant is perhaps the most highly specialized field in medicine,” says Reza Saidi, MD, FACS, FICS, Chief of Transplantation at Upstate University Hospital and Associate Professor of Surgery at Upstate Medical University. “Patients require extensive evaluation and workup not just from a medical standpoint, but also from psychosocial, dietary, financial and postoperative standpoints. This is why we have a large, multidisciplinary transplant team of more than 40 clinicians and other professionals. Nursing is an integral component.”

Clockwise from lower left, transplant coordinators Ashley Ryan, BSN, RN; Lori Daratt, RN, BSN, CMSRN;
Lavell Jones, MSN, RN, CCTC; and Tanya Mercurio, MSN, RN

Dedicated to helping determine patients’ candidacy and to educating and shepherding them through a years-long continuum of care, the 14-person nursing team — half of whom are master’s-prepared — includes seven RN transplant coordinators. Three of the transplant coordinators are certified by the American Board for Transplant Certification; the remaining four are currently pursuing certification in clinical transplant coordination. These transplant coordinators serve as patient advocates, navigators, liaisons and educators along every step of the transplant process.

“Nurses are at the center of everything,” says Janine Morris, EdD, MPH, RN, Administrator at the Upstate Transplant Program. “They establish contact with patients following referral, and explain and help patients navigate the process for getting waitlisted. If difficulties arise, nurses help patients obtain what they need to continue moving toward waitlisting. Our nurses have a deep knowledge of the multidisciplinary team, and they know when another member of the team, such as a social worker or pharmacist, is best positioned to help with a specific issue.”

Transplant Coordinator Ashely Ryan BSN, RN, and Transplant Nurse Practitioner Reeba Thankachan, MS, NP-C.
“Our program gives a chance to patients who might otherwise be rejected as transplant candidates by other programs. Our physicians are extremely skilled at finding the right organ for the right recipient, even in complex cases. As a result, we waitlist and transplant sicker patients than do other programs, and we’re able to offer specialized forms of care.”
— Janine Morris, EdD, MPH, RN, Administrator of the Upstate Transplant Program

From Referral to Listing

From the moment patients enter the Upstate Transplant Program’s care, a pre-transplant nurse coordinator starts building a relationship with them.

“The best word to describe the transplant coordinator’s role is ‘advocate,’” says Galina Rivera, BSN, RN, CCTC, Transplant Coordinator at the Upstate Transplant Program. “We advocate for patients in all phases of the transplant process. We get to know patients deeply and comprehensively, whereas other members of the multidisciplinary team may only see patients through the lens of their area of expertise.”

For prospective organ recipients, the transplant process begins following referral from a specialist in the community or dialysis center. Patients attend a two-hour virtual education session with the pre-transplant coordinator, a nephrologist and other members of the multidisciplinary team.

“Once patients complete their pre-evaluation education session, they make an in-person visit to our clinic for a medical intake appointment that includes meeting with the pre-transplant coordinator and other members of the team,” Rivera says. “We discuss all aspects of the requirements to be listed for transplant. Afterward, the pre-transplant coordinator helps facilitate any testing that patients need, such as cardiac testing, imaging or a colonoscopy. If necessary, we work with patients to improve compliance if they have a history of noncompliance with dialysis. Our goal is to help patients get to the point where they’ve done everything they need for the selection committee to consider them for listing for a new organ.”

The pre-transplant coordinators present patients during the selection committee’s weekly meetings, when the multidisciplinary team gathers to discuss candidates for transplant. They summarize each patient’s history and evaluation process for the committee.

“Once listing takes place, we maintain an active wait list of patients, which currently features more than 300 people on the adult kidney transplant list alone,” Rivera says. “We maintain up-to-date information for each patient and help ensure that they continue to undergo any necessary routine testing. Our objective is to make sure every patient on the list is always ready to receive a transplant if an organ becomes available.”

Transplant patient Martell Taylor (center) with Transplant Coordinator Lavell Jones, MSN, RN, CCTC, and Dr. Reza Saidi, surgeon, chief of the Transplant Clinic and associate professor of surgery at Upstate Medical University.
 

Post-Transplant Care

After receiving a transplant, patients transition into the care of a post-transplant coordinator.

“Before patients are discharged from the hospital, we educate them on how to document their temperature, blood pressure and heart rate; how to recognize signs and symptoms of infection; and what rejection means,” says Lavell Jones, MSN, RN, CCTC, Living Donor Coordinator at the Upstate Transplant Program. “This helps them stay on the right track to have a successful transplant.”

The post-transplant coordinator also ensures patients leave the hospital with the medications they need to maintain the donated organ and prevent rejection. A patient meets with the post-transplant coordinator and a physician in the clinic on a regular basis, as often as twice a week at first. The post-transplant coordinator monitors the patient’s lab results, discusses the results with the physician, and relays changes in therapy — such as adjustments to immunosuppressant dosage — to the patient. Moving forward, the post-transplant coordinator serves as the patient’s point of contact for questions about symptoms, medications and lab results.

“Initially, patients follow up with the transplant surgeon, and then later, long-term follow-up takes place with the transplant nephrologist,” Rivera says. “Consequently, the transplant coordinators work closely with the physicians in our program. Once patients are stable, few medication changes are necessary. If a referring nephrologist is interested in assuming that aspect of long-term care for the patient, our team works with the nephrologist to facilitate the transition of care back to the community nephrologist.”

From left, Rauf Shahbazov, MD, PhD, MRCS Ed, FEBS; Sharon Loerzel, PA;
Matthew Hanlon, MD; and Reza Saidi, MD, FACS, FICS, with the da Vinci Xi surgical system.
 

Living Donor Care Coordination

The Upstate Transplant Program’s volumes are increasing, and that’s especially true of living donor transplants. In 2021, the program’s organ transplants increased by 50%, and living donor transplants rose by 78%. Living donors work with a living donor coordinator as they move through the donation process.

While Jones assists with care coordination for organ recipients, she specializes in living donor coordination, caring for the donor from referral to donation.

“When a referral arrives, I screen the donor for factors that might rule out donation, review their cases with another provider on the team to determine whether we can move forward, and then coordinate lab testing, collection of a 24-hour urine test and evaluation,” Jones says. “After evaluation, the selection committee determines whether to clear the candidate as medically and psychologically appropriate to be a donor. Once the donors receives clearance, we schedule them for surgery based on their availability.”

The living donor coordinator follows up with the donor on the first postoperative day and stays in touch through discharge and recovery at home.

“We place follow-up phone calls to check on living donors and encourage them to reach out to us anytime,” Jones says. “We follow up seven to 10 days after donation and again at six months, one year and two years after surgery.”

For Jones, the most challenging aspect of her role as a living donor coordinator is informing patients that a medical condition or another factor will preclude them from donating a kidney to a loved one.

“When people aren’t a candidate to be a living donor, I encourage them to maintain their health to avoid becoming someone in need of a transplant,” Jones says. “I educate them about maintaining a healthy lifestyle, and I encourage them to be a donor champion for their loved one to see if someone else can step forward and donate an organ.”

Dr. Rauf Shahbazov, surgeon and assistant professor of surgery at Upstate Medical University, speaking with Transplant Coordinator Tanya Mercurio, MSN, RN.
 

Growth Trajectory

The need for organ transplants continues to grow. In 2021, new Upstate Transplant Program waitlistings increased by 54%, the number of transplants increased by 50%, and the number of living-donor kidney transplants increased by 78%. The program is well-positioned to meet this expanding need. Advances in care — including robotic surgery for kidney recipients (see “A New Era for Transplant Surgery in Central New York”) and evolutions in treatment that allow for the use of organs from hepatitis B- and C-positive donors — allow the program to offer transplants to more patients.

“We recently added an outreach coordinator to our staff, which further connects us to our community partners and brings our assistance closer to them,” Morris says. “As a result, we hope to be able to waitlist even more patients in our area and beyond. In addition, we are part of the National Kidney Registry, which helps us assist transplant candidates in finding better living-donated kidney matches. We have the expertise to pick the right organ for each patient and transplant it well.”

As the Upstate Transplant Program grows, its nurses are poised to play a central role.

“Referring nephrologists and other providers can count on us as a strong nursing team with many years of experience,” Jones says. “We’re a caring group of nurses who will give our all to help every patient succeed in our program.”

A hallway in the Transplant suite at Upstate University Hospital bears a large map of the 50 states and U.S. territories filled with colored pins, including Puerto Rico and Hawaii. Each pin represents an Upstate transplanted patient. Not surprisingly, a large number appear in New York state.

A New Era for Transplant Surgery in Central New York

Minimally invasive techniques have significantly altered the surgical landscape for organ donors and recipients alike.

“There have been many advances in surgical techniques,” says Reza Saidi, MD, FACS, FICS, Chief of Transplantation at Upstate University Hospital and Associate Professor of Surgery at Upstate Medical University. “We see many patients with complex anatomy because of previous disease or previous transplantation, and we have an experienced surgical team equipped to handle these cases. In the past, people who wanted to donate a kidney had to undergo an open procedure. With the advent of minimally invasive techniques and robotics, we can do this operation in a less invasive manner, with patients enjoying rapid recoveries.”

Surgeons with the Upstate Transplant Program have performed robotic donor nephrectomies for about five years. Currently, these procedures require only a one-night hospital stay, and patients can return to their normal activities in two weeks, according to Dr. Saidi.

The use of robotics to perform transplant surgeries has trailed its application to donor nephrectomies due, in part, to the greater complexity of the former. Soon, however, prospective kidney recipients in Central New York and neighboring states will have access to robotic surgery. Later this year, the Upstate Transplant Program will begin performing robotic transplant surgery using the da Vinci Xi surgical system.

Robotic transplant surgery improves surgeons’ ability to connect blood vessels. It also reduces complications. Crucially, robotics improve safety for patients with a high BMI.

“The main advantage of robotics is for patients who are obese,” Dr. Saidi says. “For these patients, open transplants are more difficult, and sometimes, they’re associated with morbidity. Using the robot, we can operate on these patients in a much safer manner and improve access to transplantation for this population. Any transplant patient can be a candidate for robotic surgery, but patients who are obese are especially good candidates because open procedures are so challenging for them.”

With demand for organ transplants high, Dr. Saidi views the addition of robotic kidney transplant surgery as another way Upstate can expand patients’ access to transplantation.

“I’d like referring physicians to know that if they have a challenging patient who’s waited many years for a transplant, they should consider offering their patient the opportunity to come to our program,” Dr. Saidi says. “We can significantly improve the patient’s access to transplantation.”

For more information, visit upstate.edu/transplant.

Rome Health Medical Center: Coordinated for Comprehensive Patient Care

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By Elizabeth Landry

Thursday, August 18, 2022

“The best care out there. Here.”

Rendering of Rome Health Physician Center lobby
 

That’s the motto at Rome Health, an organization that is always focused on community and striving each day to provide patients with the best care possible. This commitment will now extend to the new Rome Health Medical Center, which opens this fall.

Located at 1500 N. James St. on the hospital’s main campus, the new Medical Center brings together primary care, surgical specialists, diagnostic testing and retail pharmacy services under one roof for coordinated, comprehensive, individualized patient care.

Careful Planning

Rome Health worked with King + King Architects and the Hayner Hoyt Corporation to design a building that intuitively offers ease of access and straightforward navigation right from the start of a patient’s experience. The new design also kept the provider experience in mind.

Providers from the hospital’s existing off-campus locations will move into the new 31,000-square-foot, two-story Medical Center over the next several months, as each office integrates with the center’s new electronic medical record. The facility includes 41 exam and procedure rooms with primary care, retail pharmacy and lab services on the ground floor. Additional primary care providers, general specialists and those specializing in breast and bariatric surgery will see patients on the second floor.

The proximity of adjacent services at the hospital, including medical imaging, cardiopulmonary services and cardiology, enhances accessibility for patients who may need multiple services but also face transportation difficulties.

PATIENT-CENTERED — Rome Health Chief Operating Officer Ryan Thompson and Chief Medical Officer Cristian Andrade, MD, preview one of the exam rooms in the new Rome Health Medical Center opening in the fall. Each room will have dual monitors so the provider can share information with the patient on a large screen on the wall.
 

Close Collaboration

The Medical Center design supports providers and their care teams in delivering comprehensive care in an environment that is convenient and facilitates important healthcare discussions. Each floor is organized into separate pods, each one consisting of provider offices, a care team station and exam rooms. Allowing medical teams to quickly and easily collaborate enhances communication and supports coordinated patient care.

“This entire initiative really revolves around access to primary care and the coordination of care that comes out of that,” says Michael J. Attilio, MD, Vice President of Physician Practices at Rome Health. “This new space provides us with the opportunity to better integrate local primary care and specialty services, bring people together and have a much more collaborative and interactive environment. Providers can interact more frequently, which in primary care is very valuable. We take care of a very diverse population of individuals. Being able to simply walk next door and ask, ‘Hey, what do you think about this?’ helps us as clinicians to make better diagnoses and better decisions, which helps improve the quality of care our patients receive.”

Ryan Thompson, Chief Operating Officer, Rome Health Medical Center, says increasing ease of communication among providers and staff inherently comes with improved access to the community, as well.

“When we create an environment that supports the workflows of our physicians and nurse practitioners, it’s easier for them to just focus on our patients,” Thompson says. “Efficient workflows help us to increase capacity and offer greater access for our patients.”

TEAM-BASED CARE — Rome Health Chief Operating Officer Ryan Thompson explains how each pod in the new Rome Health Medical Center supports the providers and their care teams in providing the best care out there. Here.
 

A New Electronic Health Record System

Another major component of the new Rome Health Medical Center is an integrated ambulatory electronic health record that will replace the stand-alone systems used by its affiliated primary care, prenatal care services and specialty practices. The new system will allow clinicians to access all of a patient’s medical information within the Rome Health system, regardless of where they were treated. Moving to a single platform also provides patients access to a portal where they can securely obtain their personal health information.

The new system will also help reduce unnecessary over testing and repeat medical testing.

“The integrated health record is going to assist physicians with communication amongst each other so we’re not duplicating efforts and care for patients,” says Chief Medical Officer Cristian Andrade, MD. “There’s going to be better access to those records when patients are admitted to the hospital, reducing the cost and improving efficiency and care for patients. From a population health standpoint, the electronic health record integration also helps with standardizing care for chronic conditions with evidence-based medicine.”

As a whole, the new Medical Center and its integrated systems will create a connected healthcare experience that benefits both patients and providers — a tool to help improve the lives and health of people in Rome and its surrounding communities.

As the official opening of the medical center approaches, the healthcare team at Rome Health will grow alongside the patient population they serve. But no matter where the care is being offered, serving patients with the best, coordinated and comprehensive care will always be at the heart of Rome Health.

“The really important thing I want everyone to reflect on as we move into this space is that at the end of the day, it’s really not about the space, if you think about it. It’s about the people in that space, our people taking care of the people who depend upon us for their care,” Dr. Attilio says. “We want to provide a comfortable, welcoming, high-quality environment for the patients we serve and the healthcare professionals who deliver that care.”

Visit romehospital.org to learn more.

Firefighters: Get screened like your life depends on it

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By Martha Conway

Thursday, August 18, 2022

CRA Medical Imaging talks about firefighter health, low-dose CT Medicare expansion

CRA Medical Imaging, one of the largest diagnostic imaging practices in Central New York, strives to deliver the best care for the best patient outcomes possible. CRA Medical Imaging has zeroed in on a particular population: Firefighters. Cancer is the leading cause of line-of-duty deaths for firefighters, followed by heart disease. The Syracuse municipal health plan offers firefighters earlier access to potentially life-saving screenings, which are offered in collaboration with Crouse Medical Practice – Cardiology, Crouse Radiology Associates, Empire Dermatology, Fayetteville Dermatology and Hematology-Oncology Associates of CNY.

Screenings, like smoke detectors, save lives

Cancer is the most dangerous threat to firefighter health and safety, causing 66% of career firefighter line-of-duty deaths (LODDs) from 2002 to 2019 and 70% of LODDs for career firefighters in 2016, according to data from the International Association of Fire Fighters. Heart disease caused 18% of career LODDs for the same period.

Firefighters have a 9% higher risk of being diagnosed with cancer and a 14% higher risk of dying from cancer than the general U.S. population, according to research by the CDC’s National Institute for Occupational Health and Safety. The most prevalent cancers were respiratory (lung, mesothelioma), GI (oral cavity, esophageal, large intestine) and kidney; however, firefighters also have twice the risk of developing testicular cancer and mesothelioma; about 1.5 times the risk of developing multiple myeloma, non-Hodgkin’s lymphoma and skin cancer; and about 1.25 times the risk of developing malignant melanoma, brain cancer, prostate cancer, colon cancer and leukemia.

Most screenings — which include testing for colorectal, prostate, kidney, bladder, thyroid and lung cancers, as well as EKGs, cardiac stress tests and cancer genetics screening surveys according to age and circumstances — can be completed during annual Firefighter Screening Days, but individuals can make appointments that are more convenient for them.

Since 2005, the nonprofit Firefighter Cancer Support Network (FCSN) has assisted and provided one-on-one mentoring to thousands of cancer-stricken firefighters and their families. FCSN also delivers cancer awareness and prevention training nationwide. For more information, visit firefightercancersupport.org/resources/faq.

Updated reimbursement policies sure to improve lung cancer screening rates

Earlier this year, the Centers for Medicare and Medicaid Services (CMS) released a detailed summary of expanded reimbursements involving low-dose computed tomography screening for lung cancer.

According to reporting by Dave Fornell in the March 11 issue of Computed Tomography, the move is expected to increase access to this critical diagnostic tool. In Fornell’s article, ACR Principal Economic Policy Analyst Alicia Blakey said there is a concerted effort to increase screenings for lung cancer and awareness of the availability of low-dose CT scans. Blakey said the goal is to find and treat lung cancer in its earliest stage, particularly in high-risk, asymptomatic individuals.

Lung cancer is the leading cause of cancer-related deaths in the U.S.; about 85% of lung cancer deaths occur in current or former cigarette smokers. The most common cause of lung cancer deaths is non-small-cell lung cancer.

CMS changes lower the screening age, shorten the length of annual cigarette consumption, expand access for commercial payers and Medicaid expansion states, and lower the age for screening to accommodate younger and disabled people, all of which will expand low-dose CT screening, particularly to historically underserved populations and people who have shorter smoking histories.

Submitting a scheduling request form (crouse.org/firefighterform/) will help expedite registration; for more information or to register by phone, contact Marianne Kokosenski at 315-472-7504 Ext. 1349 or email mkokosenski@hoacny.com.

When registering for screenings, participants may opt to get an eight-week trial membership at the YMCA of Central New York. For more information on the program and participating branches, visit crouse.org/wp-content/uploads/2022/03/Oncology-Trifold-Brochure-1-compressed.pdf.

Those needing a primary care physician may get help finding a provider by emailing navigator@crouse.org or calling 315-470-8034; visit crouse.org/providers for a list of Crouse Health Network primary care practices.

Leaders in the Field of Medical Imaging

For CRA Medical Imaging, part of their mission is to be first in the field in every way. Their staff have decades of experience, and their facilities — which are ACR-accredited in mammography, CT, nuclear medicine and PET/CT — tout the best equipment and services in ultrasound, X-ray, MRI, computed tomography, PET/CT, nuclear medicine, 3D digital mammography and interventional radiology.

Clinical quality and service to patients and referring providers are top priorities for CRA Medical Imaging, and these factors provide patients a higher standard of imaging quality, care and radiation dose protection.

CRA has locations in Syracuse, Auburn, Fulton and Oswego, where diagnostic testing including ultrasound, X-ray, MRI, CT, PET/CT, nuclear medicine, 3-D digital mammography and interventional radiology are performed in a friendly, efficient environment. For more information about CRA Medical Imaging, call 315-234-7600 or visit craimaging.com.


Phillips Vereos PET/CT Scanner

Improving Community Health

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By Kathryn Ruscitto

Thursday, August 18, 2022

So much of what we are dealing with in our society can be addressed by improving community health

Besides socioeconomic factors, the physical environment, health behaviors, and access to clinical care — when rolled together — produce good or bad health outcomes, as noted by the CDC. Clearly, we know many diseases cannot be cured, but if we prevent the illness to begin with, results include a better outcome for the patient, and reductions in the use and cost of treatment.

I spend a great deal of time focused on the social determinants of health outcomes, and specifically advocating for Lyme disease research. The emergence of new viruses, escalating drug abuse, and gun violence have also contributed to growing concerns about prevention and treatment in our communities. The list could go on and on, but strategies to improve health outcomes in one area often spill over to positive impacts in other areas. The best example is exercise and weight reduction, and the impact that has on many chronic illnesses.

Community Health Is Everyone’s Responsibility

It’s not only the health department’s job — whether local or national — to set the stage for better community health. If organizations and employers promoted more educational initiatives for tobacco cessation, physical activity, nutrition counseling, CPR, and screenings for cholesterol, blood pressure and diabetes, we would inevitably improve community health.

The CDC reports that 19% of U.S. employers currently offer tobacco cessation programs and 17% offer programs to address obesity and weight management. Surely, there’s room for growth, and plenty of resources are readily available.

Kathryn Ruscitto

Franklin Fry, Executive Director of the American Heart Association in Syracuse, suggests clinicians should remember and utilize free programs and resources offered by organizations such as the American Heart Association. In Central New York, the AHA’s priorities include addressing hypertension through programming around self-monitoring of blood pressure, improving nutritional security for SNAP users by promoting additional benefits for fruits and vegetables, and ensuring families are educated on cardiac emergency response through the teaching of Hands-Only CPR.

As our health organizations face COVID-19 and workforce shortages, the ability to offer community based screenings and health promotions has eroded. What can our practices, churches and social organizations to do help? Get behind programs you can sponsor, those that put the tools in the hands of patients to improve their health and their families’ health.

Resources

  1. cancer.org/about-us/what-we-do/health-equity.html (American Cancer Society)
  2. cdc.gov/chinav/database/index.html (CDC: Community Health Improvement Navigator)
  3. cnylymealliance.org/ (Lyme Alliance)
  4. cpr.heart.org/en/training-programs/community-programs (American Heart Association, CPR)
  5. diabetesjournals.org/care/article/45/Supplement_1/S8/138915/1-Improving-Care-and-Promoting-Health-in (American Diabetes Association)
  6. heart.org/syracuse (American Heart Association, Syracuse)
  7. rwjf.org/en/our-focus-areas/focus-areas/healthy-communities.html (RWJ, Healthy Communities)

Kathryn Ruscitto, Advisor, can be reached at linkedin.com/in/kathrynruscitto or at krusct@gmail.com.

Be Careful of the SLAPP-back

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By Laura Spring, Esq.

Thursday, August 18, 2022

Pursuing a defamation claim for a negative social media review is a hard road at best.

Social media is ubiquitous. Nearly every organization or business — including medical practices — is being reviewed by customers and patients who can easily and publicly disseminate their point of view across the internet. Sometimes those reviews seem unduly harsh or unjustified, but there are good reasons for medical practices to not launch a legal response.

Different standards govern defamation. Whether the plaintiff is a public or private figure, or the matter is one of public interest, there is generally a high bar to winning a defamation suit in the United States. Courts tend to construe ambiguous or unclear language in favor of the defendant.

There must also be an objectively false statement that can be judged as such for the plaintiff to prevail in a defamation case. A mere statement of opinion is almost certainly not enough. Subjective opinions are almost always going to be considered protected speech, which makes a review on social media difficult to prove as defamation.

Laura Spring, Esq.

Anti-SLAPP Laws Raise the Bar Even Higher

Beyond the robust First Amendment’s protection of speech, which makes winning a defamation suit difficult, many states, including New York, now have anti-SLAPP statutes that further protect speech related to public matters.

SLAPP is an acronym for “strategic lawsuits against public participation,” meaning lawsuits that have little to no legal merit, but are filed anyway in order to intimidate the defendant or inundate them with costs related to legal proceedings. SLAPP suits are a weapon in the arsenal of those with deep pockets who aim to silence opposition.

Initial New York anti-SLAPP statutes focused on speech during public meetings about land use development. In 2020, the anti-SLAPP statute was expanded to include “any communication in a place open to a public or a public forum in connection with an issue of public interest.” The statute tells the courts to interpret “public interest” as broadly as possible.

The Public Forum Expands

Social media is interpreted as a public forum, and court cases have shown that reviews of businesses on social media sites will fall into the category of “public interest.”

One recent case, Aristocrat Plastic Surgery v. Silva, determined the reviews of medical treatment performed by doctors were a matter of public interest and therefore, the negative online reviews were protected speech. Since the court determined the negative review fell under New York’s anti-SLAPP statute, the defendant was subsequently entitled to obtain damages and attorneys’ fees from the doctor who initiated the defamation claim.

The bottom line: Legal responses to negative reviews of businesses are unlikely to succeed. Perhaps more importantly, due to New York’s anti-SLAPP statute, any business owner — including a medical practice — could be on the hook for damages and legal fees if it brings a lawsuit covered by the statute. It is wise to tread carefully when considering a response to a negative review and it is almost certainly not worth bringing a lawsuit against the negative reviewer.

Spring is a partner at ccblaw in Syracuse, New York. She can be reached at lspring@ccblaw.com.