I confess: I am a disobedient doctor.
After a career in academic medicine and public health, I
decided to work part-time in a rural health program. There I began to
understand the loss of control over the conditions of medical practice that has
affected so many doctors. Administrative demands multiplied and constrained my
ability to care for my patients in the ways I thought best.
So I decided to disobey. A seemingly minor training
requirement for the International Classification of Diseases, 10th edition
(ICD-10), became the administrative demand that pushed me over the line to
disobedience. But the struggle might have involved any other segment of
clinical medicine, where employer mandates infringe on a doctor's freedom to
practice…
However, entering the world of a nonacademic medical
employee revealed the awesome scope of proletarianization—a change in doctors'
previous social class position. Until the 1980s, doctors for the most part
owned or controlled their means of production and conditions of practice.
Although their work often was challenging, they could decide their hours of
work, the staff members who worked with them, how much time to spend with
patients, what to write about their visits in medical records, and how much to charge
for their services.
Now the corporations for which doctors work as employees
usually control those decisions. Loss of control over the conditions of work
has caused much unhappiness in the profession. Early on, an esteemed clinician
and mentor described medical proletarianization when it was first emerging as
"working on the factory floor." Most doctors have become highly paid employees
of hospital and health system corporations, and around one half of doctors
report feeling burned out.[4,5] Owing to the mystique of professionalism and
their relatively high salaries, doctors often do not realize that their
discontent reflects in large part their changing social class position…
As a doctor-worker, I got into trouble by expressing concerns
about the training that our health network (hereafter, referred to as
"OHN") was requiring for ICD-10 implementation. Until then, I had
received praise and little negative feedback, and had just been reappointed.
OHN had contracted with a corporation (hereafter,
"$Corp") to help cope with the transition to ICD-10. This corporation
was one of hundreds that have emerged to sell consulting services to healthcare
organizations facing the challenges of information technology…
After I previewed the $Corp training, I concluded that its
educational quality was poor and that it implicitly encouraged
"upcoding," which could generate more payments for OHN. Brief
discussions with other practitioners confirmed universal contempt for the
training, as well as disgruntled universal compliance. I decided to protest the
training…
My subsequent interactions with OHN administrators surprised
me, despite my knowledge about medical proletarianization. The chief medical
information officer (CMIO) at OHN wrote that "Practitioners with
incomplete ICD-10 coursework at midnight on 10/7/15 will be suspended until the
coursework is completed." In response, I sent an email message asking him
to explain the rationale for the training requirement. Copying the chief
executive officer (CEO), the CMIO pasted his responses into the text of my
original message:
Please provide evidence that additional training in
ICD-10...improves any measurable patient outcomes, costs, or collections.
Not a debatable point. This is a requirement by OHN, so,
sorry to say, whether you agree with it or not, it must be done.
Please provide the costs to OHN for the training.
Not relevant, as this is a requirement.
Please provide quantitative estimates of the financial
benefits of the training for OHN.
Not relevant, as this is a requirement.
Please give a concrete description of the process by which
you concluded that "completion of this training allows us to achieve both
appropriate care and remain fiscally responsible—part of OHN stewardship."
Not relevant, as this is a requirement.
This response pressed one of my alarm buttons, which I might
call the "fascism button." In my response, I explained the slippery
slope to fascism, when people do what
they are ordered in their jobs without understanding why. Such unjustified
requirements, I argued, deserve our conscientious questioning and sometimes
noncompliance…
The CMIO was unimpressed with my argument about incipient
fascism in the workplace, so I next appealed to practicality. I proposed coming
to the office, unpaid, and practicing ICD-10 within our EHR. His reply?
"OHN's transformation is a movement to ensure process consistency and
standardization.... Therefore, your request for an 'exception' is outside the
organization's expectation."
I now faced the apparent abandonment of hundreds of my
patients, many of them unstable, who had not received any alternative plan of
care. Medical abandonment is unethical according to the American Medical
Association Code of Ethics and is illegal in many states. I contacted the chief
of the medical staff, who got me reconnected to the EHR so that I could manage
acute problems for my unstable patients.
Because I was not willing to abandon my patients, I also
persuaded an administrator to get me reconnected to the ICD-10 training, which
I completed under protest late the next night. On the following morning, a
Sunday, I received an email message from the CEO thanking me for completing the
training and stating that my breach of contract had been "cured."
As a doctor-worker, I faced a challenging ethical situation
that included loss of professional autonomy, authoritarian practices in the
workplace, and apparent abandonment of patients. My first suspension in more
than 40 years of practice also raised concerns, such as: Would a report about
the suspension from OHN to the National Practitioner Data Bank affect my
medical licenses or ability to practice in other settings? Was it my
responsibility to blow the whistle on OHN's practices to licensing, accreditation,
and insurance agencies?
My small act of conscientious disobedience eventually led to
some unexpected responses. My contract and state law required that OHN convene
an external review to examine possible interference with my professional
judgment, and the coordinator of the state agency that licenses health
facilities expressed willingness to investigate this issue and the abandonment
of patients.
Facing the probability of external review, the CEO finally
met with me in person, and I proposed a formal mediation process. Instead, the
CEO composed a document that included an apology, a statement that information
about breach of contract would be removed from my personnel file, a commitment
to consider individual physicians' preferences in meeting future training
requirements, and a promise to meet individually with a physician when a
suspension is considered so that patient care would not be disrupted.
Where is the path toward a noncorporatized vision of what we
know medicine can be at its best? I don't think that path involves our
continuing acquiescence. I confess that I have decided to approach these
problems through personal acts of disobedience. For a person like me, closer to
the end of my medical career than the beginning, such acts don't risk much. For
others, overcoming the risk will require a more organized approach to
disobedience.
http://www.medscape.com/viewarticle/865788
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