Ellen sent this out - from the Front Page of the Poughkeepsie Journal
Friday, April 2, 2004
Lawmakers consider Lyme-related reforms
By Dan Shapley
Poughkeepsie Journal
New York lawmakers are considering several bills that could affect local
patients suffering from Lyme disease and the doctors who treat them.
Lyme disease is the most prevalent of several diseases spread by ticks,
tiny blood-sucking arachnids common in the woodlands of the Hudson
Valley, where some of the highest incidences of Lyme disease are found
nationwide.
Since 1986, 14,883 cases of Lyme have been reported in Dutchess County
alone -- with more than 1,000 cases reported each year since 1996.
In February, the Assembly passed a bill that would lead to sweeping
reforms in the Office of Professional Medical Conduct to give doctors
greater due process when accused of misconduct, and to establish a
''consumer assistance unit'' for patients.
The legislation grew from a hearing initiated by Assemblyman Joel
Miller, R-Poughkeepsie, about allegations that the office had unfairly
targeted doctors -- allegedly at the behest of insurance companies and
other doctors -- who treat long-term sufferers of Lyme disease with
expensive and lengthy antibiotic regimens.
Miller is also co-sponsoring a separate bill being considered by the
Assembly Health Committee that would specifically prevent the office
from investigating doctors solely because they treat tick-borne diseases
with long courses of antibiotics.
''The Office of Professional Medical Conduct has been used as a tool of
the insurance industry,'' Miller said. ''This is not a health issue, it
is a money issue.''
At the heart of that controversy is a lack of consensus in the medical
community that long-term treatment with antibiotics is an effective
treatment for Lyme disease, or that Lyme disease can cause long-term
symptoms.
Many vocal patients and a handful of doctors in the Hudson Valley swear
both are true, but medical institutions are divided about the expensive
treatment.
Doctors now face a ''muzzle,'' supporters say, because the Office of
Professional Medical Conduct has the power to revoke licenses. And other
doctors may be inhibited against treating tick-borne diseases
aggressively because of the consequences their colleagues have endured.
One Hudson Valley doctor investigated by the office refused to comment
about the issue.
Antibiotics control symptoms Kathleen Arkins, a Hyde Park resident, went
three years with Lyme before a doctor diagnosed it correctly and began
treating it. Now, she lives with symptoms like memory loss that recur
whenever she stops taking antibiotics. Her insurance would not cover the
intravenous antibiotic treatments her doctor wanted.
''Lyme has absolutely put the brakes on my energy, my abilities. I can
go for awhile and feel normal, but gradually the antibiotics wear off,''
Arkins said.
The state Department of Health, which administers the Office of
Professional Medical Conduct, had no comment on the bill. Spokesman Rob
Kenny said the department is in discussions with Sen. Steve Saland,
R-Poughkeepsie.
Saland said he supports much of the bill the Assembly passed in relation
to reform of the Office of Professional Medical Conduct. However, he
believes one proposed change in particular -- requiring evidence against
a doctor to be ''clear and convincing'' -- might be too high a standard.
It might, he said, leave patients vulnerable against doctors who need to
be sanctioned.
A Senate bill he intends to co-sponsor addresses that issue, he said.
Saland has also co-sponsored a bill that would require insurance
providers to cover Lyme disease treatment, and require workers
compensation coverage. Similar bills exist in the Assembly.
''It's critically important in areas such as ours where you will find
disproportionately high incidences of Lyme disease,'' Saland said.
On the Web
For information on tick-borne diseases and tips for avoiding infection,
visit the Stop Ticks on People Web site at www.stopticks.org
***
For Additional Lyme Disease Information: http://www.lymeinfo.net