Rx for Excellence Awards Ceremony and Breakfast

Friday, September , 010 E TheWestin Copley Place E 730 - 930 AM
Celebrating Massachusetts’ top
professionals in promoting safety,
;uality and risk management
in health care
Please Join Us
Awards Ceremony and Breakfast
September 24, 2010
7:30 - 9:30 AM
The Westin Copley Place
10 Huntington Avenue, Boston
Tickets: $75 each, $1000 for a Table Sponsorship
To purchase tickets or sponsor a table, please contact
Melissa Mitchell at melissa.mitchell@lawyersweekly.com
or 617-218-8213.
For more information or to register online,
go to www.mamedicallaw.com.
A portion of the proceeds from ticket sales will go to
Gold Sponsors
Platinum Sponsor
Silver Sponsors
MASSACHUSETTS
In Partnership with: Presented by:
Kathy Berry, RN
Director of Performance Improvement
Marlborough Hospital
“I have seen the
difference when
the whole team
comes together
to improve
quality and safety
for patients.”
Outside/Community Activities:
• Co-chair,Marlborough Hospital Heart Walk,
American Heart Association
• Marlborough and Northborough
food drives
• Coordinated toy/clothing drive to benefit
Marlborough Families.
• Safe Summer Fun Day,to give free helmets to
children and other tips for summer safety
Tell us about what youdo.
I bring together all members of the health
care teamto work together to use the most
successful methods to improve patient care
and safety at Marlborough Hospital.
As a result of these efforts,we have
achieved zero central line infections in 17
months.Also we exceed state average on the
majority of required hospital quality measures
as reported by Hospital Compare for the
fourth quarter of 2009.
Why do youdo what youdo?
I developed a passion for patients and their
families through my experiences as a nurse
and personally with my family.I have seen the
difference when the whole teamcomes to-
gether to improve quality and safety for pa-
tients.
What is your proudest achievement?
In 2009 I received the Betsy LehmanAward
for Patient Safety.I’mespecially proud to bring
this honor to our small community hospital.It
is good for the community to knowthat great
care is right in their backyard.
I’man instructor for trauma/pediatric emer-
gency department nursing courses.As an in-
structor I was able to bring free courses to staff
so they would have the knowledge and skill to
give the best care to these patients.We were
able to hold classes at Marlborough Hospital
and achieved education for over 90 percent of
our staff.
What is the biggest obstacle youhave hadto overcome?
It is challenging for all hospitals to meet the
administrative burden of reporting so much
data in different formats to so many organiza-
tions.
Who is your role model andwhy?
My parents,who came to this country as
immigrants fromIreland so that they could
give their children better opportunities.They
faced much adversity but persevered through
hard work and ingenuity.
Giventhe recent passage of the newhealthcare reform
law, what do youconsider the biggest challenge facing
doctors andthe healthcare industry today?
Reimbursement for hospitals and doctors
to provide necessary care.There are not
enough doctors so that every patient can have
preventive care and follow-up appointments
as needed for health concerns.
What wouldbe your dreamjob(other thanyour current
one)?
If I could not do this job,I would want to be
a starter on the golf course in Myrtle Beach.
My dreamjob would be less paperwork
and to spend more time with patients to make
sure they have the information they need to
be discharged home.
CoreyE. Collins, DO, FAAP
Director of Pediatric Anesthesiology
Massachusetts Eye and Ear Infirmary
“Each day that
I work as a
physician reminds
me of the
importance of
my decision to
enter medicine.”
Outside/Community Activities:
• Medical Volunteer,Interplast
• Massachusetts Medical Society
• Fellow,AmericanAcademy of Pediatrics
• American Society of Anesthesiologists
• Massachusetts Society of Anesthesiologists
• Wilderness Medical Society
Tell us about what youdo.
I participate in a complex,challenging,but
very rewarding pediatric airway reconstruc-
tion service and ophthalmic practice at a ter-
tiary referral center in Boston.
Using an intense team-based and patient-
focused model for care delivery,we deliver the
highest quality of medical care to children of
all ages.
The Heroes fromthe Field
are the unsung heroes of their professions, those who lead by example and
demonstrate the highest quality of work intheir field, oftenwithout fanfare.
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-3
The Honorees of the
2010 Rx for Excellence
Medical Awards Event
MASSACHUSETTS GENERAL HOSPI TAL
WOULD LI KE TO CONGRATULATE
massgeneral.org | 617-726-2000
www.mamedicallaw.com
Page B-4 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
In addition,I amfocused on systemic im-
provement initiatives at our institution direct-
ed at increasing the quality of our pediatric
care while improving efficiency and optimiz-
ing patient and family satisfaction.
Why do youdo what youdo?
The inherent personal and professional re-
wards that come fromthe medical care of
children pale next to the satisfaction of serv-
ing on such an excellent teamof nurses,sur-
geons,staff and administrators.
Fromthe top down,MEEI is committed to
meet every patient’s needs and this is no more
evident that in our approach to children.As
we all dedicate ourselves each day to this mis-
sion,the truest reward is knowing that I am
part of something so unique and important.
What is your proudest achievement?
Each day that I work as a physician re-
minds me of the importance of my decision
to enter medicine.
As proud as I may be with certain honors
or positions,nothing compares to the austere
and sober responsibility I assume with each
child entrusted to my care – especially at
times of critical illness or vulnerability.As a
parent of three,I ammost proud of the skills
and trust I have earned as a pediatric anesthe-
siologist.
What is the biggest obstacle youhave hadto overcome?
Entrance into medical school was hard for
me.I was always close but for three applica-
tion cycles,I received the same responses
fromadmission deans and the same rejection
letters.
With perseverance and mentorship,I
gained admission to a fantastic education and
after many years of work and family support,
achieved all my goals.
Who is your role model andwhy?
My role model has always been my father,a
Irish immigrant who never completed the
fourth grade,but a man imbued with self-re-
spect,dignity,honor and courage that has in-
spired me to trust in myself,value my family,re-
spect all and never forget the importance of
life and joy.
Giventhe recent passage of the newhealthcare reform
law, what do youconsider the biggest challenge facing
doctors andthe healthcare industry today?
Electronic medical data systems must
quickly meet the needs of the American pa-
tient.Only with technology that eliminates un-
necessary communication errors,improves
dissemination of critical information between
providers and protects the privacy of the pa-
tient,while decreasing barriers to timely re-
sponse to patient needs can our systemma-
ture into a dynamic,effective and efficient one.
What wouldbe your dreamjob(other thanyour current
one)?
I would love to work at the Brookings Insti-
tute or the Institute for Healthcare Improve-
ment after completion of a doctorate in Social
Policy at Brandeis University.
As an academic prepared to drive the so-
cial science of innovation and improvement
toward better,safer and more effective health
care delivery,I would commit myself as an ad-
vocate for political and social solutions to
worldwide health improvement.
What is one thingpeople don’t knowabout you?
I have climbed Mount Washington 10 times
in winter.
Rushika
Fernandopulle, MD
Co-Founder
Renaissance Health
“I believe we need
to innovate our
models of care
delivery if we want
to help both
ourselves, as
physicians, and our
patients.”
Outside andCommunity Activities:
• Premedical Advisor,Harvard College
• Fidelity Biosciences Fellow
• Albert Schweitzer Fellowship
Tell us about what youdo.
For the past six years,we have been build-
ing newmodels of primary care,aimed at rad-
ically improving the patient and physician ex-
perience,clinical outcomes and affordability
of care.
Why do youdo what youdo?
I believe we need to innovate our models
of care delivery if we want to help both our-
selves,as physicians,and our patients.
What is your proudest achievement?
Other than my three fabulous daughters,
my proudest achievement is starting my own
practice based on a newmodel of care,and
proving it can work.
What is the biggest obstacle youhave hadto overcome?
Resistance to change has been the biggest
obstacle.We got a lot of opposition here for
our first practice inArlington – accused of
“raising expectations”and“upsetting the sta-
tus quo”– which was exactly what we were
trying to do.
Who is your role model andwhy?
I have many role models – one is Don
Berwick,who has been a voice for improving
care for over 20 years.
Another role model is Dr.Paul Farmer from
Partners Health who dared to break some
rules to radically improve care for some of the
poorest patients on the planet.
Giventhe recent passage of the newhealthcare reform
law, what do youconsider the biggest challenge facing
doctors andthe healthcare industry today?
Figuring out howto deliver better,more per-
sonal care at a lower cost.
What wouldbe your dreamjob(other thanyour current
one)?
Running the newInnovation Center at the
Centers for Medicare & Medicaid Services.
It’s a job that has real promise to substan-
tially change care (if they have the guts and
skill to actually innovate).
What is one thingpeople don’t knowabout you?
I love traveling,and have been to all 50
states,50 different countries,and six out of sev-
en continents (just Antarctica left!).
Michele M. Garvin, Esq.
Partner
Ropes &Gray
“Being a health
care lawyer is
special in that
health care touches
everyone’s life in
a personal manner.”
Joel Abrams
CEO
Dorchester House Multi-Service Center
“The leadership
of a community
health center that
began as a
settlement house,
and that maintains
many of its
settlement house
roots, is the ideal job for me.”
Tell us about what youdo.
Garvin: I am a health care generalist,
which is the legal equivalent of a primary
care provider. I provide general legal and
regulatory compliance advice, affiliation
and transaction counsel, network and
physician integration, managed care and
accountable care organization counsel for
a variety of health care clients.
My clients include academic medical cen-
ters,community hospitals,physician group
practices,health plans and pharmaceutical
manufacturers.
Abrams: I am the President and CEO of
Dorchester House Multi-Service Center.“Dot
House”as it known in our community is locat-
ed in the Fields Corner neighborhood of
Dorchester.
Dot House houses a community health
center that serves over 20,000 patients and
generates over 115,000 visits per year in pri-
mary care as well as in oral health,eye care,
behavioral health and a variety of support
services.
We also provide case management to our
many families and offer a range of public
health and non-clinical services though our
gym,swimming pool and teen center.Many
services such as the legal clinic use the clini-
cal setting to connect patients to other need-
ed care.
Through DotWell,our partnership with the
Codman Square Health Center,we have been
able to add and expand services,including fi-
nancial literacy and earned income tax clin-
ics,to a wider geographical area.
During my 23 years in this position,I have
been able to lead a significant growth in our
consumer base and to oversee the expansion
of our services while maintaining a healthy
bottom line.
Why do you do what you do?
Garvin: I love being a lawyer and helping
clients solve problems of strategic or business
critical importance to them.It is fun,challeng-
ing and always an opportunity to learn new
skills.
Being a health care lawyer is special in that
health care touches everyone’s life in a per-
sonal manner.
Abrams: The leadership of a community
health center that began as a settlement
house, and that maintains many of its settle-
ment house roots, is the ideal job for me. It
combines my skills in creative business
management with my education and the
values that were instilled in me by my par-
ents.
What is your proudest achievement?
Garvi: Earning the respect of my peers and
my clients.
Abrams: My proudest achievement has
been the increased access to high quality
care that we have provided to our community
over the years that I have been with Dot
House.This has been achieved through
healthy financial performance and consistent
cash growth that has fed our financial re-
serves.
All this has occurred during some to the
most trying economic times.Healthy bottom
lines and reserves have enabled us to attract
or contribute our own capital for facilities
and services expansion,to subsidize unprof-
itable services and to attract and retain tal-
ented personnel,including highly skilled
medical providers.
What is the biggest obstacle you have had to overcome?
Garvin: Finding enough time to do every-
thing well.
Abrams: We operate in a highly competitive
environment.Our health center is one of 56 in
the state and 26 in Boston.
One of our biggest challenges is getting the
word out about how extraordinary we are.
Once people get to know us they see us as
one of the best kept secrets.
That may be a compliment but it is an
obstacle as well.The better known we are
the easier it will be for us to attract donors,
foundation grants and other sources of rev-
enue, thereby complementing the revenues
we receive through health care reimburse-
ment.
Our DotWell partnership has been a great
help in these areas and is also highly regard-
ed.However,it has engendered a lot of work
to bring the cultures of our two organizations
together in a true partnership and this has af-
fected all levels within Dorchester House and
Codman Square Health Center.
Who is your role model and why?
Garvin: I have had many role models dur-
ing different stages of my life but it all starts
with my parents,who believed in education,
hard work and never walking away from a
challenge out of fear of failure.
Abrams: My mom and dad are undoubt-
edly my role models.My father was able to at-
tend law school without going to college and
eventually became a New York State Su-
preme Court Judge.He was one of the most
highly regarded judges on the bench and in-
deed one of the most highly regarded public
servants in Brooklyn.
My mom will be 93 in November.She lives
on her own and continues to be active in her
local Democratic club as well as other social
settings.Along with my dad,she demonstrated
that life can and should be lived with grace
and compassion for others.
She stood for civil rights long before that
became a common term and taught my
brothers and me valuable lessons about toler-
ance for and celebration of differences.Un-
doubtedly my progressive politics and the pro-
fession I chose for my life was influenced by
my parents – who also taught me to be the
parent I became.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Garvin: It is hard to keep the human experi-
ence in the forefront of decision-making while
managing the complexity of rules,regulations
and administrative requirements in a time of
Heroes from the Field
Earn CME credits.
To find more CME activities,
go to mamedicallaw.com/cme
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-5
extremely constrained health care dollars.
Abrams: The biggest challenge will be to
overcome the political posturing that has ac-
companied the new law.This has fed a diffuse
anger and misperception that big government
will take over people’s health care.So accep-
tance will be the first challenge.
The real challenge is how coverage will be
financed and how care will be organized to
allow for whatever dollars are in the system to
be used effectively and efficiently.Simple fixes
can damage the system,whether such dam-
age hits providers,patients,businesses or tax-
payers.
Likewise,inadequate financing will pro-
duce more of what we have today,including
inadequate coverage.Overly-complex systems
can also be damaging and the closer we can
move toward single payer principles,the more
money can be saved in costly and onerous
administrative processes and the more can be
spent on vital services.
What would be your dream job (other than your current
one)?
Garvin: I think it would be really fun being
a reviewer for the Michelin Guide.
Abrams: I love music and would love to be
a musician.Ideally,I would be a (famous and
adored) folk song writer and performer.
What is one thing people don’t know about you?
Garvin: I was a military brat growing up
and lived all over.
Abrams: Most people don’t know that I love
scuba diving.
Bethany M. Gilboard
Director of Health Technologies
Massachusetts Technology Collaborative
“I love knowing
that what I do
can improve
lives, and the
quality and safety
of health care
delivery.”
Outside/Community Activities:
• Active Alumni interviewer,University of
Rochester
• Temple Emanuel Programs
Give a description of your practice and what you have
accomplished.
Four years ago I was given the opportunity
to project manage a research project that
would study the impact of Computerized
Physician Order Entry (CPOE) in community
hospitals.
The study and its outcome demonstrated
that one of every 10 admissions to a commu-
nity hospital in MA resulted in a preventable
adverse drug event.The study included a fi-
nancial analysis along with the clinical find-
ings and the outcome resulted in two major
policy announcements.
Why do you do what you do?
I love knowing that what I do can improve
lives,and the quality and safety of health care
delivery.
I learned several years ago that clinical
technology with robust clinical decision sup-
port would transform the way health care is
provided.Whether it is the adoption of elec-
tronic health records or CPOE or some other
cool technology,I knew that I wanted to be in
the epicenter of transforming the way health
care is delivered.
I am very fortunate to be working in the or-
ganization that is the recipient of federal fund-
ing to help support technology adoption.
What is your proudest achievement?
My proudest achievement is creating CPOE
University.
I saw a lack of physician leadership in com-
munity hospitals and wanted to create a pro-
gram that would benefit and attract communi-
ty based physicians.I understood how critical
physician engagement was for CPOE to be
successful.I created a program to engage
physicians and their peers so that they could
have a more effective working relationship
with hospital executives.
The program was extremely successful and
has been recognized as a model.What I have
done for CPOE can be transferred to electronic
health records or any other clinical IT initiative.
What is the biggest obstacle you have had to overcome?
One of the biggest obstacles was convinc-
ing physicians that they should attend the
CPOE University,and more importantly con-
vincing hospital executives that they need to
identify a physician champion and not solely
rely on the hospital CIO to lead a clinical
transformation initiative.
Finding physicians in community hospitals
who have the time and interest to devote to
this project was exceptionally challenging.
This was particularly true for hospitals that did
not employ hospitalists.
Who is your role model and why?
I don’t know if I have any one role model.
Each position that I have held has taught me a
little bit more about myself.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
I think that reengineering a practice and
changing the culture and attitude of an office-
based physician is challenging.
I also don’t believe that physicians fully un-
derstand the long term benefits to their prac-
tice in terms of efficiency,patient satisfaction
and improved quality of care.The financial in-
centives are only a teaser and should not be
the sole reason for adopting technology.
Heroes from the Field
Congratulations to
2010 Rx for Excellence Honorees
©2010 Ropes & Gray LLP
Your work in providing legal guidance to those who need it most is inspiring.
The future of Medical-Legal Partnership | Boston is in good hands.
&
Michele M. Garvin, Esq.
Ropes & Gray
Joel Abrams
Dorchester House
Page B-6 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
Ellen Hafer, MBA, MTS
Executive Vice President and COO
Massachusetts League of Community Health Centers
“I am personally
motivated by a
wonderful community
of colleagues who
share a common
vision and trust in
each other.”
Outside/Community Activities:
• Treasurer,Maria Droste Counseling Services
• Massachusetts eHealth Collaborative
• Massachusetts Coalition of School-Based
Health Centers
Tell us about what you do.
I have served as a board member and man-
ager working with community health centers
for 38 years to expand access to community
based health care.I have always worked and
been a part of community-based boards of di-
rectors trying to bring a community- and pa-
tient-focused design to health care services.
I have been fortunate to serve as a volunteer
and in work that has allowed me to work with oth-
ers to pursue social equity in the delivery and de-
sign of health care systems.In my current role,I am
able to combine my interests in technology and fi-
nancial management with a commitment to pur-
sue the best resources for community health cen-
ters to provide high quality patient and communi-
ty responsive care using improved access to data
and information management systems.
Why do you do what you do?
I developed a strong commitment to com-
munity organizing,empowerment and devel-
opment in the mid 1960’s.
On a daily basis I am motivated by my mem-
ories and current work with colleagues and
boards that are driven to empower the lives of
others through providing care with respect.I am
also committed to do what we do efficiently
and effectively so we can support the other
needs for housing and educational access.
I am personally motivated by a wonderful
community of colleagues who share a com-
mon vision and trust in each other.I have also
seen exploitive industries’ and inadequate
health care systems’ impact on the life ex-
pectancy of a family member.
I believe that a care system that integrates be-
havioral health and primary care and technology
to use information across providers is essential to
add value to the lives of all of us and keep fami-
lies and friends together for as long as possible.
What is your proudest achievement?
Working with the board and staff of the com-
munity health center I managed for 17 years to ex-
pand from two sites to five sites,to expand to
serve a diverse population and to grow from pro-
viding just over 10,000 visits to 50,000 visits,from
serving 3,000 patients to 13,000,while enabling
people to collaborate to achieve these goals.
What is the biggest obstacle you have had to overcome?
Growing a community health center without
adequate financial resources and having to take
financial risk to achieve needed growth.
Who is your role model and why?
I really have two people.One is a woman I
worked for in college who ran a sandwich shop
with her husband.They worked very hard every
day,were fair to employees and used the talents
people brought to the team.They gave people a
break,a chance and an opportunity to work.
When the husband died unexpectedly,the
wife couldn’t keep up the business and in-
stead worked for five years in a factory to pay
off a loan they had previously used to cover
the summer salaries.
For the bigger picture of managing,I most ad-
mire and follow Joe Paterno in his role as head
coach at Penn State for 44 years.He is a hands-
on manager who sets high performance stan-
dards and puts his heart into his work and com-
mitment to excellence toward reaching the
goals of the organization and in how they treat
people and staff.He is loyal to his organization
and the people with whom he works.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
To meet the challenge to manage care and
deploy resources while developing increased
access to information about effectiveness of in-
dividual care and systems of care,and to in-
crease our understanding of how to impact and
achieve healthier lifestyles for patients and max-
imize preventive health care information.
What would be your dream job (other than your current
one)?
I would love to run an organization that
would support healthier individual and com-
munity lifestyles by enhancing the sharing of
knowledge and tools for improving life strate-
gies and quality of life goals.
What is one thing people don’t know about you?
My family’s roots on both my mother and
father’s sides go back to the 1600’s,to two vil-
lages on a small island in the Caribbean
called Saba.I am Saban.On October 10,2010,
my father’s birth date,Saba will become a mu-
nicipality within the Netherlands “empire.”
Soheil A. Hanjani, MD
Supervising Obstetrician-Gynecologist
Brockton Neighborhood Health Center
Chair, Department of Obstetrics & Gynecology
Caritas Good Samaritan Medical Center
“Knowing that you
have helped another
human being, and
made a difference in
[his or her] life –
especially in their
moment of greatest
weakness and
vulnerability – is incredibly satisfying.”
Tell us about what you do.
I have provided OB-GYN care to the indigent
population of Brockton and surrounding com-
munities for 15 years.I am a general obstetri-
cian-gynecologist,with a special interest in la-
paroscopy and hysteroscopy,including robot-
ics,and routine and high-risk obstetrics.
Why do you do what you do?
It’s the only thing I have always wanted to
do.In a field with a lot of stress and difficulty I
still manage to enjoy the craft and make pa-
tients happier and healthier.
There’s an obvious pleasure and appreciation
from patients,who clearly feel that I have helped
them.Knowing that you have helped another hu-
man being,and made a difference in [his or her]
life – especially in their moment of greatest weak-
ness and vulnerability – is incredibly satisfying.
It leads some physicians to get a God-like com-
plex,while to some of us it is just very humbling.
What is your proudest achievement?
It may be rather boring,but it’s a combina-
tion of achieving proficiency and some de-
gree of excellence at work,while managing a
family life,and having a great relationship with
my wife and four children.
What is the biggest obstacle you have had to overcome?
Care of my autistic son,who also is my role
model.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Doctors are going to have to do more and
get paid less.It is very much the shape of
things to come.It is an obstacle that has to be
accepted,and managed as much as possible.
For busier physicians like myself,the hit is some-
what less as we have a large pool of patients to see.
My concern is that quantity will replace quality.
What would be your dream job (other than your current
one)?
To have the money and independence to
be a one-on-one teacher for my son.
David Harlow, Esq.
Principal
The Harlow Group
“My blog has given
me a platform to
explain, and expound
upon, health care law
and policy matters in
a way that makes
these issues more
readily accessible to
a broad audience.”
Outside/Community Activities:
• Board of the Metropolitan Boston Emer-
gency Medical Services Council
• Board of the New England School of
Acupuncture Faculty
• Editorial Committee Co-Chair,Massachusetts
Bar Association Wiki Project
• American Health Lawyers Association
Tell us about what you do.
I help health care providers and other orga-
nizations of all shapes and sizes navigate the
maze of regulatory and business issues facing
them on a daily basis.
I like to say that I practice preventive law;
that approach to law complements my con-
sulting practice,which focuses on assisting
health care provider organizations with their
internal strategies and in developing new par-
adigms for collaboration – with other
providers,with payer organizations or with the
ultimate payers for their services: patients.
I have been an early adopter and active
user of social media – blogging and tweeting
at HealthBlawg – and am recognized as an ex-
pert in the use of social media in the legal,
health care and pharmaceutical markets.
I draw on over 20 years of public and private
sector experience – including a stint as Deputy
General Counsel at the Massachusetts Department
of Public Health – in my law and policy practice.
Why do you do what you do?
Health care is a vital service,and wrestling
with the issues it raises – be they legal,ethical,
organizational,strategic,financial or others – is
both intellectually stimulating and emotional-
ly gratifying.
Achieving a successful resolution of a poli-
cy,legal or business issue can have a positive
impact on the quality and cost-effectiveness of
health care delivered to individuals and on
the health status of populations.
What is your proudest achievement?
On a personal level,I am enormously
proud of my three children,and of my wife,an
accomplished professional and my partner in
raising our family.
On a professional level,I am proud of the
impact I have made with my blog.Health-
Blawg is widely known both as a leading
health care blog,and as a leading law blog.It
has given me a platform to explain,and ex-
pound upon,health care law and policy mat-
ters in a way that makes these issues more
readily accessible to a broad audience.
Thanks in part to the blog as my platform,I
am recognized as an expert source by main-
stream and niche media locally and national-
ly,and speak regularly at conferences on
health care law and policy issues.
I also regularly host “blog carnivals,”or an-
thologies of blogs,in the legal,medical and
health policy fields,digesting the wisdom of
the blogosphere and presenting it in an enter-
taining and usable manner.
What is the biggest obstacle you have had to overcome?
Some would say that being a New Yorker in the
midst of Red Sox Nation is a special challenge.I
would say that the biggest obstacle is being a law-
yer,or rather,of encountering people who have a
limited perspective on the role of a lawyer.
I’m a New Yorker,but was never a Yankees
fan; I’m a lawyer,but I strive to avoid the
stereotype of conservative,obstructionist
naysayer.My most successful client relation-
ships are based on an understanding of my
role as counselor and partner.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The trick is figuring out how to do more
with less; this may require significant,and
speedy,reorganization of the status quo.
The polarization of the health care reform de-
bate has led to an understanding of the realloca-
tion of health care resources as being a zero
sum game.The biggest challenge before us is to
redirect that discussion to an examination – and
implementation – of incentives at the payor,
provider and patient levels that can yield mean-
ingful improvements to quality of care and
health status and reductions of overall costs.
Ellen L. Janos, Esq.
Attorney
Mintz Levin
“I get tremendous
satisfaction from
helping clients deal
with problems, big
and small.”
Outside/Community Activities:
• Board Member,Wediko Children’s Services
Tell us about what you do.
I have a general health law practice with a
focus on regulatory compliance.My clients
range from traditional health care providers,
such as hospitals,nursing homes and pharma-
cies,to companies that offer alternative ap-
proaches to the delivery of care.
Why do you do what you do?
I get tremendous satisfaction from helping
clients deal with problems,big and small.I es-
pecially enjoy helping clients work though the
complex state and federal regulatory issues
that have become as much a part of our
health care system as care itself.
What is your proudest achievement?
Professionally – my two cases before the
U.S.Supreme Court.
My proudest personal achievement is rais-
ing my two daughters,who have become re-
markable young women.
What is the biggest obstacle you have had to overcome?
I have met many challenges throughout my 33
year career but,fortunately,no obstacles.
Who is your role model and why?
My partner and friend,Steve Weiner.Steve is
Heroes from the Field
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-7
a creative,strategic,hardworking lawyer who
has the earned the respect and trust of his
clients,his partners and even his adversaries.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The challenges have remained the same
for a very long time: providing high quality,
cost-effective care.
What would be your dream job (other than your current
one)?
I would love to be the CEO of a hospital.
What is one thing people don’t know about you?
My middle name is Lucky.
John LaRossa, MD
Endocrinologist/Diabetologist
Newton-Wellesley Hospital
“I love the clinical
practice of medicine
and interacting with
and caring for
patients.”
Outside/Community Activities:
• President,Howard Gottlieb Archival Re-
search Center Board of Trustees,Boston Uni-
versity
• Chairman,Cardinal’s Lawn Committee,
Blessed John XXIII National Seminary
• Algonquin Club Knight of the Equestrian Or-
der of the Holy Sepulcher
Tell us about what you do.
I work in private practice in the field of dia-
betes,endocrinology and internal medicine.
I have provided 33 years of clinical care to
patients and clinical teaching of second,third
and fourth year medical students as well as in-
terns/residents in training.
Why do you do what you do?
I love the clinical practice of medicine and
interacting with and caring for patients.
What is your proudest achievement?
Raising our son and contributing to his suc-
cess,and helping patients get well are my
proudest achievements.
What is the biggest obstacle you have had to overcome?
To continue to keep abreast of rapidly chang-
ing knowledge in the many fields of medicine
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge will be continuing to
deliver the highest level and most personal
care possible to patients in need.
What would be your dream job (other than your current
one)?
To be conductor of a symphony orchestra.
What is one thing people don’t know about you?
I would love to learn to play the harp.
Inga T. Lennes, MD
Director of Clinical Quality
Massachusetts General Hospital Cancer Center
“To ensure high
quality care for all
of our patients, we
need to combine
one-on-one personal
care and commitment
with a global and
systems-based
approach to care.”
Tell us about what you do.
The Director of Clinical Quality is a new po-
sition at the MGH Cancer Center and since
starting here in this role,my goals have been
to establish a well-recognized quality program
at the cancer center that draws on evidence
and consensus based guidelines for the high-
est quality cancer care.
Over the past year,we have built reporting
structures to monitor our progress in imple-
menting safety and quality programs for our
inpatients and outpatients.We have strength-
ened communication between providers and
patients and have focused on reducing un-
necessary variation and increasing efficiency
through the use of our electronic health
record systems.
Why do you do what you do?
Medical care can be very complicated and
I enjoy taking a step back to look at the sys-
tems in place that can work for us or work
against us.
So much of medicine is one-on-one with
patients and that sustains me,but I have real-
ized that to ensure high quality care for all of
our patients,we need to combine one-on-one
personal care and commitment to a global
and systems-based approach to care.My job is
very rewarding in all of its facets.
What is your proudest achievement?
Always,my proudest achievement is the
care I provide my patients.I am a lung cancer
specialist.
Unfortunately,most of my patients have a
difficult battle with their disease and most of
them die of lung cancer.I am most proud of
my work when my patients feel well cared for.
What is the biggest obstacle you have had to overcome?
In my position as the Director of Quality,the
biggest obstacle has been implementing sys-
tems of measurement using metrics that are
Heroes from the Field
Baystate Health congratulates Dr. Evan Benjamin
for being recognized with an Rx for Excellence
Award. We appreciate his dedication to advance
health care quality in western Massachusetts and
across our nation.
Baystate is proud to be nationally-recognized
as a leader in clinical quality, patient safety,
patient-centered care and satisfaction.
baystatehealth.org
Evan Benjamin, MD
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Boston | London | Los Angeles | New York | Palo Alto | San Diego | Stamford | Washington
www.mintz.com
We are pleased to congratulate our colleague
Ellen L. Janos
for being recognized as a
2010 Rx for Excellence Hero from the Field
Mintz Levin’s Health Law Practice provides practical, strategic advice
to health care clients facing complex and sensitive regulatory, litigation,
and transactional matters. Our attorneys are working hard to be
your health law heroes.
Information contained herein may be considered attorney advertising. Prior results do not guarantee a similar outcome. 0550
Rx for Excellence
Page B-8 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
useful and valid.
It is difficult to improve quality if you can’t
measure it accurately and it can take quite a
lot of resources to develop the reporting capa-
bility to reliably measure clinical quality.
Who is your role model and why?
I have several great role models.Immediate-
ly,Don Berwick at the Institute for Healthcare
Improvement comes to mind.I heard him
speak about five years ago and his remarks
left tire tracks on my brain and began my in-
terest in rebuilding medicine,focusing on the
systems in place to support high quality care.
Other role models are Paul Levy and Dr.
Mark Zeidel at BIDMC.I trained with Dr.Zeidel
and I respect and admire his ability to weave
quality and safety improvement training (as
well as systems-thinking) into a medical resi-
dency training program.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
I think the biggest challenge will be defin-
ing quality care,implementing ways to mea-
sure it and then changing the culture of medi-
cine so that all practitioners are accustomed
to receiving reports regarding the quality of
care they are providing.
More care will be reimbursed based on
outcomes measured.In cancer care,I think we
will see more reward for implementing the
process or structure of quality cancer care.
Overall,I think doctors are torn between
wanting to do the best that they can for the
patient in front of them and also weighing
economic implications of treatment deci-
sions.I think doctors will need to be very
proactive in defining the standards of quality
care for ourselves.
What is one thing people don’t know about you?
I grew up in rural Minnesota.
Alejandro “Danny”
Mendoza, MD
Medical Director, Senior Behavioral Health Center,
Jordan Hospital
Chief, Division of Psychiatry, South Shore Hospital
“I believe that the
future of psychiatry
is at the interface
between medicine,
surgery and their
specialties and
subspecialties.”
Tell us about what you do.
I was the founding Chair of Psychiatry at
Caritas Good Samaritan Medical Center,
where I established the inpatient geriatric neu-
ropsychiatry unit and the medical surgical
consultation liaison service,as well as re-
vamped the Norcap Addiction Service.
I left Good Samaritan to start a new Depart-
ment of Psychiatry at Jordan Hospital,along
with a state of the art Geriatric Neuropsychia-
try Unit and consultation service.
Currently,I am working on a new clinical
and academic affiliation with Tufts University
School of Medicine.I am hoping to establish
an outpatient Memory Disorders Unit to serve
both South Shore Hospital and Jordan Hospi-
tal and to establish a geriatric psychiatry fel-
lowship through Tufts at Jordan (given the de-
clining numbers of fellows/programs and the
dramatically increasing numbers of geriatric
patients).
I am hoping to dovetail this service with a
geriatrics service line.
Why do you do what you do?
My father had a career-ending hemorrhagic
stroke at the age of 49 and even though he sur-
vived this catastrophic event,he underwent a
dramatic personality change from the brain
injury.
I realized then that the number of medical
providers who were trained to diagnose and
treat these neuropsychiatric syndromes was
limited.I also believe that the future of psychi-
atry is at the interface between medicine,
surgery and their specialties and subspecial-
ties and that the battleground will be in the
general hospital.
What is your proudest achievement?
My three sons.
What is the biggest obstacle you have had to overcome?
Getting started in medicine in this country.
Who is your role model and why?
I consider myself blessed to have had many
superb,selfless teachers and mentors.In terms
of a singular role model,my father instilled a
sense of decency and fairness in me.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Too many non-clinicians are making deci-
sions that will have profound impact on the
care of millions.From the front lines,I envision
a superficially political “fix”that would raise
the veneer of “coverage”but wouldn’t address
the issue of access.
What would be your dream job (other than your current
one)?
To return to a teaching post in Boston.
Deanne C. Munroe,
JD, MS, APN-BC
Nurse Practitioner, Massachusetts General Hospital
Clinical Instructor, Simmons College
“No two days are
ever the same and
there is so much I
learn on a daily basis
both professionally
and personally.”
Tell us about what you do.
In my role as a nurse practitioner in the
Emergency Department,I evaluate and treat
adults with problems ranging from a bruised
toe to traumatic head and spine injuries.For
higher acuity patients,I collaborate with the at-
tending physician and various other specialties.
As an adjunct clinical instructor,I oversee
and guide students during community health,
medical-surgical nursing,leadership and man-
agement.
Why do you do what you do?
I love working with people.It is a challenge to
work with individuals and families who present
to the Emergency Department,in part because
they start out not really wanting to be there.
It is a tremendous responsibility to commu-
nicate with patients about what the plan of
care is for them and to advise them on what
they should expect during their stay in order
to alleviate as much anxiety as possible.
It is a humbling experience to be a small
part of a patient and their family’s health cri-
sis.No two days are ever the same and there is
so much I learn on a daily basis both profes-
sionally and personally.
Teaching future nurses is a challenge,but
there is no greater feeling than to watch a stu-
dent grow into their own.Clinical is a way for
me to give back to my profession.I work with
great faculty and nursing staff at many differ-
ent facilities that are committed to nursing ex-
cellence.
What is your proudest achievement?
My proudest achievement was fulfilling my
lifelong dream of graduating from law school
and passing the bar.
What is the biggest obstacle you have had to overcome?
The biggest obstacle I had to overcome was
working full-time nights and attending gradu-
ate school during the days while raising my
son as a divorced parent.
Who is your role model and why?
My role model is Karen Teeley, MSN,who is
a nursing professor at Simmons College.Karen
is the consummate professional; she has a
welcoming,positive energy about her.She
strives to improve her course every semester
through student feedback.She is supportive,
encouraging,and always available.
What would be your dream job (other than your current
one)?
My dream job would be to be appointed as
the “National Nurse,”a job that does not exist yet,
but will hopefully be created to encourage vol-
unteering and empower nurses to advocate for
improvement of community health and safety.
Rebecca Onie
Co-Founder and CEO
Project HEALTH
“I understood
that breaking the
link between
poverty and poor
health would be
the hardest thing
to do, but also the
thing most worth
working for.”
Tell us about what you do.
Project HEALTH’s model is simple but effective.
In clinics where our Family Help Desk programs
operate,physicians can “prescribe”food,housing,
fuel assistance or other resources for their patients
as routinely as they do medication.
Located in the waiting room and staffed by
college volunteers,our 18 Family Help Desks
“fill”these prescriptions by connecting pa-
tients with key resources.Last year,Project
HEALTH’s corps of nearly 600 tenacious,ener-
getic,well-trained volunteers assisted 5,000
low-income patients and their families in
Boston,Providence,New York,Baltimore,Wash-
ington,D.C.,and Chicago in accessing the re-
sources they need to be healthy.
Why do you do what you do?
Three days before my 18th birthday,I read an
article in The Boston Globe describing the work
of Dr.Barry Zuckerman,the Chair of Boston
Medical Center’s Pediatrics Department.
Dr.Zuckerman boldly asserted that a pedi-
atrics department should be a place where chil-
dren got healthy – and,in the case of low-income
children,that would require more than clinical
care.To realize this vision,he had assembled a
team of lawyers,psychologists,and experts in lit-
eracy,violence and child development.
The Globe article resonated.At the start of
my sophomore year,I called Dr.Zuckerman
and told him I wanted to help.He said we
would talk after I spent six months at BMC.
During that time,I trailed any doctor who
would let me,spending afternoons in the pedi-
atric outpatient clinic or the high-stakes
neonatal intensive care unit and nights in the
pediatric emergency room.
In between patients or over rushed lunch
in the cafeteria,I would ask the doctors to tell
me their greatest dreams for their patients.
They would chuckle at the naiveté of the
question,but then grow serious:“Every day,I
have patients with ear infections or asthma ex-
acerbations.I prescribe antibiotics or an inhaler
refill,but I know there is no food at home or that
their family is living in car.And I don’t ask about
it,because what am I going to do,with patients
piling up in the waiting room and no idea how
to find them what they need?”
Sometimes the guilt would get the best of
them:“If I can,I give the family $20 out of my
wallet.”At the end of my six months,I under-
stood that breaking this link between poverty
and poor health would be the hardest thing to
do,but also the thing most worth working for.
What is your proudest achievement?
Project HEALTH has demonstrated that in-
novation within the complicated and expen-
sive health care sector is possible.
By mobilizing a corps of tenacious under-
graduate volunteers to connect low-income
patients with the resources they need to be
healthy,Project HEALTH increases the capaci-
ty of clinics to address these needs in an af-
fordable,effective manner – and demonstrates
the opportunity to leverage a vast workforce
of lay people,such as college students,to pro-
vide this much-needed infrastructure within
the medical system itself.
In the realm of global health,there has long
been a clear understanding that adequate
housing,food security and basic utilities are
essential to good health.In the U.S.,however,
much of the focus on health disparities – as
evidenced by the current health reform de-
bate – surrounds access and cost,rather than
social determinants.
What is the biggest obstacle you have had to overcome?
Any organization whose model relies on a
volunteer workforce – and particularly a stu-
dent workforce – often faces skepticism
around efficacy and professionalism.
Who is your role model and why?
Dr.Barry Zuckerman,for his insistence in
solving all problems from what he describes
as a “child’s-eye view of the world.”He taught
me that every worthwhile solution begins by
understanding what a patient needs to be
healthy,and then building programs,systems
and structures to that end,even when that ap-
proach defies prevailing norms or entrenched
expectations.
What would be your dream job (other than your current
one)?
Truthfully,I cannot imagine a job dreamier
than my current one.
What is one thing people don’t know about you?
In 1992,I won third place in the Miss Teen
Massachusetts pageant,but failed to clinch the
winning title because I took the opportunity
on stage – before the assembled crowd of
judges,contestants,and audience – to discuss
the importance of condoms in preventing the
spread of HIV and AIDS,a rather unpopular
topic at the time.
Heroes from the Field
www.mamedicallaw.com
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-9
Ilonna J. Rimm, MD, PhD
Senior Vice President, Director of Physician
Consultation Services
Lazard Capital Markets
“I believe that I can
personally participate
in innovation by
connecting two
groups of colleagues:
medical innovators,
who have good ideas,
and health care
investors, who can move innovative
ideas forward.”
Outside/Community Activities:
• Healthcare Innovations Team,Combined
Jewish Philanthropies
• Co-author of See Jane Win,a New York Times
& Wall Street Journal Best Seller
Tell us about what you do.
As a physician/scientist,I am committed to
bringing innovation to patient care.
As the Director of Physician Consultation
Services with Lazard Capital Markets,I make
connections between financial analysts who
want to discuss new medicines and devices
and thought-leading senior physicians who
have hands-on experiences with those medi-
cines and devices.
In this way,I add medical knowledge to fi-
nancial analysis.My work supports invest-
ments that provide true innovative improve-
ments in patient care.
Why do you do what you do?
I am committed to medical and scientific
innovation and I believe that I can personally
participate in innovation by connecting two
groups of colleagues: medical innovators,who
have good ideas,and health care investors,
who can move innovative ideas forward.
What is your proudest achievement?
During the time that I worked on the Harvard
Medical School faculty,I recruited five young
post-baccalaureate colleagues to work in my
laboratory.They all wanted to attend medical
school and all five of them left for medical
school after their excellent scientific work.
One young woman said,“Before I came to
work here,I did not think that it was possible
to have a career and a family.But I have seen
you succeed and now I believe that I can do
it,too.”I am immensely proud of their accom-
plishments.
What is the biggest obstacle you have had to overcome?
I have almost always worked in predomi-
nantly male environments,both in medicine
and finance.Sometimes it has been difficult to
encourage my colleagues to listen to my
ideas.
I have found it helpful to become a more
cheerful,enthusiastic person,even at the risk
of becoming the “Pollyanna”of health care fi-
nance.Cheerful voices are more often heard.
Who is your role model and why?
My role model is Meg Whitman.She has
built an amazing company and has main-
tained an impressive family life.Now,she is a
candidate for the Governor of California.
When I last asked Meg how she accom-
plished so much,she responded,“It all started
with my parents,who encouraged me to be-
lieve that I could do anything.”I have great re-
spect for her combination of superlative per-
formance in the workplace and a strong fami-
ly life.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The hardest part of the term “health care”is
the “care”piece.As we participate in health
care reform,we will need to determine how to
bring “care”to patients while spending less
and less time with them.
Since “spending time”has been consid-
ered a critical component of “demonstrating
that we care,”we will have to invent new
ways of showing concern for patients, a criti-
cal part of the trust between physicians and
patients. Health care providers will use their
ingenuity to develop novel approaches to
make the human connection that is critical
for health care.
What would be your dream job (other than your current
one)?
Although I enjoy my position on the “sell
side”of health care investing,my dream job is
on the “buy side”where I can make a more di-
rect contribution to innovation.
What is one thing people don’t know about you?
I am,at heart,a farm girl from Wisconsin.I
moved from rural Wisconsin to go to Harvard
Medical School when I was 19 and I continue
to be in awe of the “bright lights in the big city.”
It has been an incredible privilege to make the
journey from the farm to health care finance.
Joyce A. Sackey, MD
Dean for Multicultural Affairs and Global Health
Tufts University School of Medicine
“I am driven by a
commitment to
health care equity
and empowered by
the hope of so many
colleagues who are
willing and ready to
work alongside me
to find solutions to the vexing
problems of health care disparities.”
Outside/Community Activities
• Co-Founder and President,Foundation for
African Relief
Tell us about what you do.
Our organization,the Foundation for
Heroes from the Field
Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2010 Greenberg Traurig, LLP.
Attorneys at Law. All rights reserved. Contact: David Dykeman in Boston at 617.310.6000. °These numbers are subject to fluctuation.
§Greenberg Traurig was selected by Chambers and Partners as USA Law Firm of the Year, 2007. 10333
Greenberg Traurig congratulates all the
2010 Rx for Excellence award recipients, including our friends
Ilonna Rimm of Lazard Capital Markets
and
Tom Sommer of MassMEDIC
Congratulations to all the winners!
www.gtlaw.com
[1800 Attorneys in 32 Locations° | USA Law Firm of the Year, Chambers Global Awards
§
]
10333-0810-BOS-IP-Ad_RxForExcellence:Layout 2 8/11/2010 11:51 AM Page 1














Pierce & Mandell, P.C.




11 Beacon Street, Suite 800
Boston, MA 02108
T. (617) 720-2444
F. (617) 720-3693
www.piercemandell.com
Offices in Boston, Chatham and Sudbury
Pierce & Mandell and the Attorneys in our
Health Law Practice Area Congratulate
Our Clients and Friends and
All the Other Recipients of
This Year’s MMLR Rx for
Excellence Award
__________________________

P&M Health Care Attorneys

William M. Mandell
Dean P. Nicastro
Emily B. Kretchmer
Brandon H. Saunders
Suzanne M. Fuchs
__________________________
Page B-10 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
African Relief,has trained African physicians
at the forefront of providing HIV/AIDS care.We
have also collaborated with local organiza-
tions and churches in Ghana to provide free
medical care for under-served communities
through mobile clinic outreach.
Why do you do what you do?
Global health care disparities exist and
can be overwhelming sometimes. However,
causes of death and disability in resource-
limited areas are most often entirely pre-
ventable.Those of us who have the benefit
of access to technical know-how and re-
sources have the opportunity to change the
situation and bring hope and healing to
thousands of people.
I am therefore driven by a commitment to
health care equity and empowered by the
hope of so many colleagues who are willing
and ready to work alongside me to find solu-
tions to the vexing problems of health care
disparities.
What is your proudest achievement?
Mentoring young students and physicians
who then become advocates in their own
right for global health equity.Over the years I
have worked with many mentees and ad-
visees at every level of the educational ladder.
I am proud of each and every one of them
and what they have accomplished.
What is the biggest obstacle you have had to overcome?
Inertia and naysayers who are quick to say
it can’t be done.One tends to encounter this
on almost every issue.
Who is your role model and why?
A have a number of role models – there is
no single individual that embodies every-
thing I look to for inspiration.There are key
themes that characterize the people I admire
the most: individuals who lead lives of pur-
pose,courage and deep faith are a source of
great inspiration.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Producing enough primary care physicians
who will be available to provide good quality
care for newly enrolled patients,chronic care
for an aging population and join a national ef-
fort to eliminate health care disparities.
What would be your dream job (other than your current
one)?
I have my dream job now.I love what I do.
What is one thing people don’t know about you?
I have a fantasy to travel around the world.
Richard Serrao, MD
Internist
VA Boston Health Care System and Boston University
School of Medicine
“I enjoy the variety
that comes from
taking care of a
wide spectrum of
patients and
helping trainees
learn what I have
learned.”
Outside/Community Activities:
• Freelance graphic artist,filmmaker,traveler
Tell us about what you do.
I’m an academic hospitalist with a subspe-
ciality in infectious diseases.I train fellows,res-
idents and medical students.
I have directed the introduction to clinical
medicine course for several years for the
Boston University School of Medicine and am
the current medical director for the Ambulato-
ry Diagnostic Treatment Center at the VA,which
functions as a referral clinic for expedited
work-up of complex outpatient issues,in addi-
tion to providing perioperative risk stratifica-
tion for surgical patients.
I amalso the clerkship director for the core
internal medicine clerkship for third-year
medical students at the VA.I serve on several
quality improvement committees,but am
most involved in education.
Why do you do what you do?
I enjoy the variety that comes from taking
care of a wide spectrum of patients and help-
ing trainees learn what I have learned.
What is your proudest achievement?
Completion and screening of a documen-
tary film I produced about the AIDS epidemic
in Uganda.
What is the biggest obstacle you have had to overcome?
Mainly fear and insecurity,which are over-
come by walking right through them.
Who is your role model and why?
Filmmaker Steven Spielberg and his collab-
orator,John Williams,as their creativity knows
no bounds and reflects a passion that can be
achieved when medicine is viewed through
the same creative/artistic approach.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
It will be especially difficult to accommo-
date the influx of patients and the disparities
noted between reimbursements for primary
care physicians and subspecialists.
What would be your dream job (other than your current
one)?
To be a film director.
Paul W. Shaw, Esq.
Partner
K&L Gates
“I enjoy assisting
physicians and
other health care
professionals and
organizations when
faced with regulatory
issues.”
Outside/Community Activities:
• Cambridge Boat Club
Tell us about what you do.
I concentrate on representing physicians,
hospitals and other health care organizations
in regulatory matters and litigation matters.
Why do you do what you do?
I enjoy assisting physicians and other
health care professionals and organizations
when they are faced with regulatory issues.
What is your proudest achievement?
Successfully representing The New England
Journal of Medicine in a variety of mass tort lit-
igations to prevent the disclosure of peer re-
view materials related to scientific studies and
articles published in the Journal.
Who is your role model and why?
Former Massachusetts Attorney General
Francis X.Bellotti.
As a new law school graduate in 1975,
Frank took a chance and hired me as an Assis-
tant Attorney General in the criminal bureau,
where I had a fabulous experience while de-
veloping my skills as a trial lawyer.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Complying with the myriad increased regu-
lations,while contending with decreased re-
imbursement.
What would be your dream job (other than your current
one)?
Being the “bullpen”catcher for the Boston Red
Sox.You get to be part of the team without any ex-
pectation that you will have to perform on the field.
Kathleen Pfeifer
Spurling, RN, JD
Senior Claims Representative
ProMutual Group
“If you give of
yourself, you not
only help others
but you also get
so much back in
return from the
people that you
touch”
Outside/Community Activities:
• New England Law Boston Board of Trustees
Chairman Recruitment
• Retention and Tenure Committee Gover-
nance Committee
• St.Mary’s High School Admissions Committee
• Sigma Theta Tau International Honor Society
Tell us about what you do.
After graduating from Northeastern with a
Bachelors of Science degree in Nursing,I began
my career as a registered nurse taking care of
critically ill patients in an acute care setting.
My initial scope of practice was caring for
burn patients at Massachusetts General Hospi-
tal.This was at times emotionally devastating
but also extremely rewarding.
I had always yearned to work in an emer-
gency/trauma center and was then lucky
enough to become a nurse at Atlanticare Med-
ical Center in Lynn for the next seven years.
While working there,I became involved in
a potential medical malpractice matter and I
decided that given my background I would be
equipped to assist other medical profession-
als in similar situations.
In 1982,I began my second career as a
claims representative for ProMutual Group,a
medical malpractice insurance company
now servicing New England.
For the past 28 years,I have managed med-
ical malpractice litigation being brought against
health care providers.Having both the medical
and legal background and experience allows
me to advocate fairly for both parties with the
ultimate goal of reaching a fair outcome.
I pride myself on being ethical,fair and
honest in my approach to both parties
through the difficult litigation process such
that they are satisfied that their respective po-
sitions have been represented.I pride myself
on being respected by both the defense and
plaintiffs’ bar for the work I do.
What is your proudest achievement?
Being able to successfully complete law
school at night and pass the bar while work-
ing full-time with a full caseload of med-mal
cases to adjust to a fair and responsible out-
come.If you give of yourself,you not only help
others but you also get so much back in re-
turn from the people that you touch.
What is the biggest obstacle you have had to overcome?
As the oldest of five children from a middle
class family,I had to put myself through both
college and law school.My parents wanted
me to go to a School of Nursing rather than
law school so that I could work sooner and
support myself.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The regulation of the quality of care by gov-
ernment,given its inexperience in that arena,
will have a devastating effect on health care
providers and institutions.
This governmental intrusion will have fi-
nancial effects not only on all Americans but
also on hospitals and health care providers at
a time when the economy is in turmoil and re-
imbursement by insurers and the government
for services rendered is already low.Reporting
and record-keeping seems to be outweighing
the actual care that is given to the patients.
Willie Stephens, DDS
Oral surgeon
Dr.Stephens graduated from the University
of California Medical Center in 1973,and com-
Heroes from the Field
Morrison Mahoney LLP
congratulates the
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Connecticut – England – Massachusetts – New Hampshire – New Jersey – New York – Rhode Island
www.morrisonmahoney.com
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DESIGN vw
pleted his internship and residency in Oral and
Maxillofacial Surgery at Massachusetts General
Hospital in 1976.
After completing his residency he be-
came the Chief of Oral and Maxillofacial
Surgery at Mt. Zion Hospital in San Francis-
co. He also spent eight years as the Director
of the Residency Training Program in OMS at
UCLA/Martin Luther King, Jr. General Hospi-
tal in Los Angeles. Dr. Stephens spent the
next 20+ years in the Department of
Oral/Plastic Surgery managing complex
Oral/Facial Reconstructive Surgery while at
both Brigham and Women’s Hospital and
Massachusetts General Hospital. He is cur-
rently working in private practice full time.
Dr.Stephens’ practice in centered in the
MetroWest area and he operates primarily at
MetroWest Medical Center and UMASS Medical
Center. He has a wide referral base that is both
local and international.
Dr.Stephens’ clinical interests include a spec-
trum of oral and maxillofacial surgery that cov-
ers surgical problems from conventional oral
surgery,such as wisdom teeth,to complex or-
thognathic surgery,reconstructive temporo-
mandibular joint surgery,maxillofacial trauma
and sleep apnea.
He specializes in problems that involve bone
grafts and tissue engineering,along with a
broad range of implant reconstructive surgery.
He is widely regarded by his patients for an
exemplary bedside manner,thorough attention
and positive outcomes.
Robert J. Suchecki
CEO
Hampden County Physician Associates, LLC
“I strive to provide
access to
high-quality,
coordinated,
cost-effective care
for the residents
of Hampden and
Hampshire County.”
Outside/community activities
• Former Board President,American Lung Asso-
ciation of Western Mass.
• Hawthorne Services
• Holyoke Council of Arts
• Founder of Holyoke Farmers Market
• Coach,Holyoke Youth Sports
Tell us about what you do.
HCPA,LLC is a multi-specialty physician
group practice serving residents of Hampden
and Hampshire County in Western Massachu-
setts.We have grown from slightly over 20 physi-
cians and nine nurse practitioners and physi-
cian assistants in the year 2000 to 60 physicians,
30 nurse practitioners and physician assistants
and 14 office sites today.
We have developed our own hospitalist ser-
vice at two of the three local hospitals where our
own long-term care and sub-acute team provides
services at 14 local skilled nursing facilities.
Our nurse case management and chronic
disease management teammembers have
been delegated to positions in the other facili-
ties for medical management,a full service lab,
an imaging center,a sleep center and several
other ancillary services.
Of particular note,along with our continuum
of care,we have developed contractual
arrangements with other primary care physi-
cians,specialists and hospitals in our area,cre-
ating an integrated network (the makings of an
accountable care organization),which has
been participating in global risk arrangement
since the year 2000.
Over 100 primary care physicians from other
practices participate in these arrangements
through our practice’s agreements.Our
provider network has some of the best utiliza-
tion and patient satisfaction statistics of all par-
ticipants statewide.
Last year,we implemented electronic pre-
scribing,and this year we will complete our im-
plementation of electronic health records
throughout our organization.
In addition,we have worked diligently with our
malpractice carrier to implement a comprehen-
sive multi-modality risk management educational
curriculum,which has reduced our exposure and
resulted in reduced malpractice premiums.
Why do you do what you do?
I strive to provide access to high-quality,coor-
dinated,cost-effective care for the residents of
Hampden and Hampshire County.
What is your proudest achievement?
My wife and I providing our sons with a
nourishing environment to grow and achieve
socially,physically,intellectually and spiritually.
What is the biggest obstacle you have had to overcome?
Working with our physician leaders to trans-
form our Independent Practice Association
physician group practice into an organization
that functions like a coordinated,multi-special-
ty physician group model.
Who is your role model and why?
My mother.Her strength,determination,per-
severance,dedication to her family and will to
always “do the right thing”were her strongest at-
tributes and a huge inspiration to me.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Choosing the right path and model to maxi-
mize efficiency and outcomes,while providing
an attractive practice setting for providers and
yielding a high level of patient satisfaction.
What would be your dream job (other than your current
one)?
An actuary.
What is one thing people don’t know about you?
I cultivate bonsai as a hobby and held five
baseball records in college,one of which was
most strikeouts.
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-11
Heroes from the Field
Medical Professional Mutual Insurance Company and the entire ProMutual Group congratulate all the winners
of the Rx for Excellence Award, presented by the Massachusetts Medical Law Report, and we are proud to be a
Gold Sponsor of this year’s awards ceremony.
We are also proud to have a member of our Board of Directors as well as a member of our Claims Department
among the recipients!
Congratulations to Dr. Philip E. McCarthy, MD, a general surgeon and dedicated healthcare provider, and
Kathleen Pfeifer Spurling, RN, JD, senior claim representative for ProMutual Group.
Being honored as a Leader of Quality, Dr. McCarthy works to promote and advance safety, quality and risk
management in the practice of medicine and ensure that patients receive the high quality of care that they
deserve.
As a Hero in the Field, Ms. Spurling works tirelessly to provide support and assistance to healthcare providers
during an often stressful time in their lives.
From all of us at ProMutual Group, congratulations to all of the 2010 Rx for Excellence Award recipients!
CONGRATULATIONS!
Page B-12 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
Ronald A. Arky, MD
Professor of Medicine and Medical Education,
Harvard Medical School
Senior Physician, Brigham and Women’s Hospital
“I enjoy having
the opportunity
to work with the
best young
medical students
in the world.”
Outside/Community Activities:
• President of the American Diabetes Associa-
tion
• Boston Classical Orchestra
• Program Director of Internal Medicine at
Harvard Medical School
• Chairman of the Department of Medicine at
Mount Auburn Hospital
Tell us about what you do.
My practice is limited to patients with dia-
betes,and I am primarily a medical educator.I
am also the Dean of Curriculum at Harvard
Medical School and the master of the school’s
F.W.Peabody Society,which mentors students
and emphasizes on inter-disciplinary and in-
ter-institutional endeavors in community med-
icine,public health and social medicine.
Why do you do what you do?
I have a great love of teaching and medical
education in general.I also enjoy having the
opportunity to work with the best young med-
ical students in the world.
What is your proudest achievement?
The accomplishments and contributions to
medicine that my students have achieved over the
past 50 years are my own proudest achievement.
Since I have been in the “business”of medical edu-
cation for almost 50 years,I have innumerable stu-
dents who have brought me great pride and gratifi-
cation.Many have gone on to become deans of
other medical schools,authors,surgeons and role
models for others in the health care field.
What is the biggest obstacle you have had to overcome?
Becoming an effective administrator while
still being actively engaged as an educator,re-
searcher and caregiver.
Who is your role model and why?
That would have to be Daniel Federman,M.D.,
who teaches endocrinology at Harvard Medical
School.He is a “teacher’s teacher”with a talent for
taking the most complex of principles and explain-
ing them in the most precise yet simple terms.
Within medicine,he has been a leading
proponent of the tenet that education and the
learning process are sciences and deserve
equal attention and respect to that bestowed
upon medical research and patient care.He is
skilled and proficient as a clinician and edu-
cator.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The health care industry needs to figure out
how to curtail medical care costs in the face of
an aging population,as well as advances in
both technology and medical knowledge.
What is one thing people don’t know about you?
I would have liked to be a baseball player
but was not a good hitter.
Mara G. Aspinall
President and CEO
On-Q-ity
“The sequencing
of the human
genome with the
addition of new
diagnostic
techniques will
allow us to more
accurately deliver
the right care to the right patient at a
lower total cost per patient.”
Outside/Community Activities:
• Former Chairman,American Cancer Society
• Trustee,Dana Farber Cancer Institute
• Co-Chairman,Early Education for All
• Board Member,Boston Private Industry
Council
• Board Member,Greater Boston Chamber of
Commerce
• Board Member,U.S.Personalized Medicine
Coalition
• Founding Board Member,European Person-
alized Medicine & Diagnostics Association
Tell us about what you do.
I am President and CEO of On-Q-ity,a next-
generation cancer diagnostics company dedi-
cated to creating personalized diagnostics for
solid tumor cancer patients.
We are focused on transforming cancer
treatment through innovative diagnostics to
identify the unique characteristics of individ-
ual patients’ cancer,predict their response to
therapy,monitor the efficacy of their treatment
and identify cancer’s recurrence as early as
possible.
Our goal is to change how treatment deci-
sions are made by offering oncologists and
their patients more cost-effective,informative
and actionable treatment guidance.
Why do you do what you do?
We need to improve the efficacy of the
drugs that are used in our health care system
The Leaders in Quality
are professionals whose unique efforts have helped advance safety,
quality and risk management for many patients and health care providers.
Lucian L. Leape, MD
Chair, Lucian Leape Institute
Adjunct Professor of Health Policy
Harvard School of Public Health
Diane C. Pinakiewicz, MBA
President, Lucian Leape Institute
President, National Patient Safety Foundation
~
Carolyn M. Clancy, MD
Director, Agency for Healthcare
Research and Quality
James B. Conway, MS
Senior Vice President,
Institute for Healthcare Improvement
Susan Edgman-Levitan, PA
Executive Director,
John D. Stoeckle Center for Primary
Care Innovation
Massachusetts General Hospital
James A. Guest
President, Consumers Union
Gary S. Kaplan, MD, FACMPE
Chairman & CEO,
Virginia Mason Medical Center
Julianne M. Morath, RN, MS
Chief Quality & Safety Officer,
Vanderbilt University Medical Center
Dennis S. O’Leary, MD
President Emeritus, The Joint Commission
Paul O’Neill
Former Chairman & CEO, Alcoa
72nd Secretary of the US Treasury
David M. Lawrence, MD
LLI Member Emeritus
Chairman & CEO (retired),
Kaiser Foundation Health Plan, Inc.
and Kaiser Foundation Hospitals
Pamela A. Thompson, MS, RN, FAAN
LLI Member Ex-officio
Immediate Past Chair, NPSF Board of Directors
CEO, American Organization of Nurse Executives
Luciax Lravr Ixsrirurr
ar rnr Narioxai Parirxr Savrrs Fouxnariox
Forum:
The Omni Parker House Hotel
Gala Reception & Dinner:
The State Room
Dinner Speaker
DAVID BLUMENTHAL, MD, MPP
National Coordinator for
Health Information Technology
Department of Health & Human Services
Strategic Vision
for Patient Safety
Working to Create
Transformational
Change
oin health care leaders for an extraordinary afternoon of
dialogue with Lucian Leape Institute members, followed by
an evening networking reception and dinner.
For program details and to make reservations, please visit www.npsf.org.
Seating is limited.
Lucian Leape Institute at the National Patient Safety Foundation
268 Summer Street, Sixth Floor • Boston, MA 02210 • 617.391.9900 • www.npsf.org
Earn CME
credits
in risk management study
based on articles in
Massachusetts Medical Law Report.
To findmore CME activities, go to
mamedicallaw.com/cme
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-13
today.Throughout the U.S.health care system
overall,prescribed drugs only have positive
efficacy and benefit for the patient 50 per-
cent of the time – in cancer patients,it’s only
22 percent of the time.
We need to do better.We need to identify
the right drug for the right patient – the first
time.We now know that one drug will not
work for all.
We need to use sophisticated diagnostic
tools to identify the unique DNA differences
between patients that will allow us to better
personalize and tailor treatment decisions.I
want to be a part of this revolution and help
create these important diagnostics.
What is your proudest achievement?
My proudest professional achievement is
building great teams of highly qualified indi-
viduals,with deep expertise and who are
also a lot of fun to work with.
At Genzyme Genetics,the team was able
to build one the nation’s largest and highest
quality clinical laboratories.
Now,at On-Q-ity,our team of top-notch sci-
entists and biotech executives is building the
next generation of cancer diagnostic tech-
nologies.
What is the biggest obstacle you have had to over-
come?
The health care industry – research,clini-
cal practice and business – has historically
undervalued,and therefore under-invested
in,diagnostics.
Most therapies coming out of the “new sci-
ence”of genomics are both expensive and
only work for patients with a specific genetic
pathway of disease.Sophisticated diagnos-
tics are essential to all patients to ensure that
each patient has the best chance to benefit
from his or her therapy.
Over the past decade,it has been these diag-
nostics that are at the forefront of change in pa-
tient care and of focused research to find a
cure.
I believe we have only seen the tip of this
iceberg and progress will rapidly drive the in-
corporation of diagnostics into standard care
as they provide a gateway to truly personal-
ized medicine.
Who is your role model and why?
Cancer patients.They endure the chal-
lenges of treatments while battling their dis-
ease in every way possible – physically,emo-
tionally and intellectually.They inspire me to
work harder every day.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge in health care today
is finding effective tools to use the vast
amount of data that is being generated by
new technologies.
The sequencing of the human genome
with the addition of new diagnostic tech-
niques will allow us to more accurately deliv-
er the right care to the right patient at a lower
total cost per patient.
If practicing physicians,administrators
and researchers are unable to separate use-
ful information from this data,then health
care reform will result in an explosion of cost
and activity without the benefit of improved
patient outcomes.
The federal government’s investment fo-
cus on bioinformatics is a good start,but we
need to ensure that our current decentral-
ized information system is vastly improved.
What would be your dream job (other than your cur-
rent one)?
My fantasy dream job would be to be the
Commissioner of Major League Baseball.
The simple joy that comes from watch-
ing a mid-summer game versus the com-
plexity of running the business behind the
powerful team franchises – there is noth-
ing (outside of life sciences) as fascinat-
ing as baseball.
What is one thing people don’t know about you?
Most people don’t know that I started my
career in politics in New York in two different
roles.My start in political campaigning was
as District Manager and Issues Coordinator
with Senator Charles Schumer’s first cam-
paign for national office.He successfully ran
for U.S.Representative in the 9th Congres-
sional District of New York.Later that year,I
served as photographer for the Mayor of New
York.
These were thrilling ways to learn early on
in my career about the challenges and re-
sponsibilities of public office.
Karen Bell, MD, MMS
Chair
Certification Commission for Health Information
Technology (CCHIT)
“Every step in the
direction of
assuring that
EHRs meet the
needs of the
practicing
community is key
in the support of
physicians who want to provide better
care to their patients.”
Outside/Community Activities:
• HIT Council for Massachusetts
Tell us about what you do.
I have been supporting the development
and adoption of electronic health records in
the health care delivery system for years.
Why do you do what you do?
Every step in the direction of assuring that
EHRs meet the needs of the practicing com-
munity is key in the support of physicians who
want to provide better care to their patients.
What is your proudest achievement?
There isn’t one.I’ve been privileged to be
Leaders in Quality
Congratulates
Kathleen Pfeifer Spurling
Class of 1988
Member, New England Law Board of Trustees
ProMutual Group
Ellen Janos
Class of 1977
Mintz Levin Cohn Ferris Glovsky & Popeo P.C.
On Being Named “Heroes from the Field”
We salute all this year’s winners of
Massachusetts Medical Law Report’s
“Rx for Excellence” Awards.
www.nesl.edu
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DESIGN vw
Page B-14 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
part of the group that built the foundation for
all of the opportunities that the federal Ameri-
can Recovery and Reinvestment Act of 2009
made possible with respect to HIT.
Who is your role model and why?
Dr.Milton Hamolsky of Harvard Medical
School was a mentor and clinician extraordi-
naire who took the time and energy to help
pre-med students realize their dreams.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
There will be a huge culture change – from
a system where individual clinicians feel like
they are no longer “in charge”to one where
they become integral to a team that includes
other clinicians,the patient and his or her sup-
port system.
What would be your dream job (other than your current
one)?
After forty years,I have finally achieved it.I
am mentoring others and overseeing a process
that assures that EHRs continue to develop and
deliver the functionalities,security,interoperabil-
ity and usability that doctors need.
What is one thing people don’t know about you?
I am a very hands-on person.As a carpen-
ter’s daughter,my idea of a relaxing week is to
head to our little place in Puerto Rico and
paint,tile and plant my way through the day.
Evan M. Benjamin,
MD, FACP
Vice President/Chief Quality Officer
Baystate Health System
“To me, the field of
health care quality
is about doing not
only what is right
for the patient in
front of you in the
hospital, but to do
what is right for
our society.”
Outside/Community Activities:
• Board Member,Food Bank of Western Massa-
chusetts
• Catholic Healthcare Partners,Cincinnati,Ohio
• National Patient Safety Foundation
Tell us about what you do.
Baystate Health (BH) is a three hospital inte-
grated delivery health system in western Massa-
chusetts with a flagship hospital,Baystate Med-
ical Center,a 700-bed independent academic
tertiary referral medical center.
As Senior Vice President and Chief Quality Of-
ficer since 1999,I have been responsible for over-
all quality of care,patient safety and efficiency of
health care delivery,as well as a growing number
of areas of strategic importance to BH.
Over my 11 years of working in the quality
arena,I have helped to transform the culture
for our health system.We have proudly moved
to a culture of transparency – of quality and
safety,but also of patient centeredness.Our
outcomes,efficiency and improved patient
safety have put our health system among the
leading health systems nationally.
Finally we have pushed our academic and
health policy work to teach new generations of
students in health care quality.We are starting a
new Fellowship in Healthcare Quality this year.
Why do you do what you do?
Transforming our health care delivery system
to one that is of the highest quality,the safest
and the most efficient has been a passion of
mine for some time.We must,of course,first do
no harm,and therefore patient safety has been
a core component of my work.
Yet the health care system also has the re-
sponsibility to be as efficient and cost-effec-
tive as possible.We simply cannot continue to
spend the health care dollars we have to care
for the result of errors,preventable complica-
tions and poor communication.
To me,the field of health care quality is
about doing not only what is right for the pa-
tient in front of you in the hospital,but to do
what is right for our society.We must be able to
provide high quality health care that is safe
and effective while decreasing overall costs.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge facing our health
care industry will be to move away from a fee
for service,incentive-based system to one that
is based on outcomes and accountability.
We must transform our system into one that will
achieve three high-level aims:(1) Improvements in
population health (not just individual patient out-
comes);(2) Reductions in per capita costs (from a
societal perspective);and (3) Improvements in the
patient experience in the health system.
The system should be centered on the patient
with the safest care that first does no harm.The
complicated financial and relationship models
to achieve these aims of accountability will be
the challenge over the next five years.
What would be your dream job (other than your current
one)?
One of two options: (1) To become a flying
physician for the “Flying Doctors of Kenya.”Af-
ter receiving my private pilot license,I have al-
ways fantasized about going back as a flying
physician assisting in remote communities in
developing countries; or (2) To help run a
large health system and transform care to
achieve improved population health.
What is one thing people don’t know about you?
I am a private pilot.I began training as a pi-
lot,in part,because of my interest in the safety
training in the aviation industry.I always want-
ed to fly,yet I took the opportunity to train as a
pilot when my work in patient safety and
studying human factors was also beginning.
I have found piloting fulfilling on so many lev-
els – helping me to understand human frailties
and the pure enjoyment of the physics of flight.
Amy Boutwell, MD MPP
Director of Health Policy Strategy
Principal Investigator, STAAR Initiative
(State Action on Avoidable Rehospitalizations)
Institute for Healthcare Improvement
“I believe there is
much more we
can do when we
focus on
optimizing health,
rather than
increasing the
delivery of health
care services.”
Tell us about what you do.
My work focuses on the intersection of clinical
medicine,process improvement and public policy.
I am passionate about the opportunities to
significantly improve the way health care is
delivered.I believe there is much more we
can do when we focus on optimizing health,
rather than increasing the delivery of health
care services.
Currently,I lead a multi-state effort to re-
duce avoidable re-hospitalizations at the Insti-
tute for Healthcare Improvement.I also prac-
tice medicine 25 percent of the time at New-
ton-Wellesley Hospital and at Massachusetts
General Hospital.
I am committed to the importance of tak-
ing care of patients on a regular basis,as it is
the foundation for informing my work in clini-
cal improvement and public policy.
I am also the co-designer and physician
lead of the State Action on Avoidable Rehospi-
talizations (STAAR) initiative at IHI.We are
pleased to have partnered with state level
leaders in Massachusetts,Michigan and Wash-
ington,formed multi-stakeholder state level
steering committees,provided technical assis-
tance to workgroups and created a 67 team
collaborative to work in a cross-continuum
manner to improve care coordination at times
of transition out of the hospital.
Why do you do what you do?
As a general internal medicine physician,I
see opportunities every day to improve the
care I deliver.
The challenge is that many of the potential
ways to improve care go way beyond me
working harder,faster,better,or more diligently.
Systems and infrastructure investments will go
a long way to harnessing the potential for ex-
cellence that exists in our medical profession,
and I believe practicing physicians must lead
these efforts.
What is your proudest achievement?
When a person came up to me to say,“I re-
member you.You took care of my dad.You
were good,and he’s doing much better now.”
What is the biggest obstacle you have had to overcome?
Understanding how to exercise leadership
without formal authority.
Who is your role model and why?
Brent James,MD at Intermountain Health-
care in Utah.Dr James had a vision of how to in-
crease the quality and efficiency of health care
through harnessing the collective intelligence
of his physician and nursing colleagues.
He established a system that attempted to
standardize the parts of practicing medicine
that can be reasonably standardized,in order
to allow the physician to make the important
decisions that really do require expertise or
judgment.
Whenever he encounters resistance to stan-
dardizing what can be standard work,he asks
his physician colleague to demonstrate why
deviating from the standard practice was nec-
essary and indicated for the good of the pa-
tient.It is a learning opportunity,and improve-
ments are made.His vision and leadership is
inspiring.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
A challenge coming out of the new health
reform law is whether we will simply absorb
more individuals into the current health care
delivery system,or whether we can improve
the efficiency and effectiveness of the way we
deliver health care in this country to serve not
only millions more,but better.
Physicians must not shy away from the te-
dious details of redesigning health care sys-
tems,and new generations of physicians and
health care executives must be willing to find
ways to innovate without a zero-sum game.
What would be your dream job (other than your current
one)?
Helping states and nations design systems
to optimize the health of their populations,
with a specific focus on ensuring that difficult
to reach populations receive customized,en-
hanced,proactive support to overcome barri-
ers they face in achieving optimal health.
What is one thing people don’t know about you?
I’m funny,though I tend to have a bit of a se-
rious persona.
Elizabeth Capstick
Deputy State Auditor
Office of the State Auditor
“High quality
care … must
include patients
as part of an
informed decision-
making process
regarding their care.”
Outside/Community Activities:
• Newton Democratic City Committee
• Member and former Treasurer of Citizens for
the Future of Newton
• Massachusetts Councils for Children
• Statewide Advisory Council to the Massa-
chusetts Office for Children
Tell us about what you do.
I have held various positions in the execu-
tive and legislative branches of Massachusetts
state government.In the Auditor’s office we
seek to ensure that public funds are expend-
ed appropriately and that our government op-
erates as efficiently and effectively as possible.
Our audit findings and conclusions influence
those making policy and budget decisions re-
garding the services that our state provides.
As Deputy State Auditor,I represent the
State Auditor as a member of the Massachu-
setts Health Care Cost and Quality Council,
which was created as part of the Health Care
Reform Act of 2006 and amended by Chapter
305 of the Acts of 2008.On the Council,I have
served as Treasurer and as Co-Chair of the
Quality and Safety Committee.My focus has
been on improving the value of the health
care delivered in the Commonwealth.
What is your proudest achievement?
I am very proud of the fact that my husband
and I have raised two strong,independent and
hardworking children who are instilled with the
values that we learned from our parents.
I breathe a little easier about our future,as a
nation and as a people,when I think of them
helping to guide the way.
What is the biggest obstacle you have had to overcome?
Managing the budget and resources of the
State Auditor’s Office during a prolonged peri-
od of steadily decreasing annual budgets that
required downsizing and layoffs at the same
time that mandates from the Legislature are
increasing.The impact on our operations has
been difficult,but the impact on our staff has
been unprecedented.
Who is your role model and why?
My role model is my mother,Anne Marie
Carleo,who was the first person to teach me
about the importance of economic and social
justice.She did her nurse’s training in Alaba-
ma in the early 50’s where she saw the impact
of hatred and segregation,including burning
crosses on the hospital lawn and injuries
caused by the resulting violence.
As she raised her seven children,she made
sure that we not only learned about those
who were fighting against injustice but also
witnessed her own actions to bring equality to
our society.
She taught me not to be afraid of obstacles.
She would say,“Don’t take on too much in one
day.Just do what you can today,and do some
more tomorrow.Just keep moving.”
Given the recent passage of the new health care reform
Leaders in Quality
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-15
Leaders in Quality
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Our health care system will have to face
the reality that high quality care must be
measured,not simply asserted,and that it
must include patients as part of an informed
decision-making process regarding their
care.
Once that is accepted,I believe our doc-
tors,and other medical professionals,who
are trained and experienced in caring for us
as patients,will work to shape the new deliv-
ery system into one that is consistent with
their training and vocation – one that is truly
patient-centered.
What would be your dream job (other than your cur-
rent one)?
Recently,I’ve been thinking about a slower
paced job – possibly overseeing the oyster
beds in Cape Cod Bay.
What is one thing people don’t know about you?
I played on the State Senate Softball team
in the Boston Bureaucratic League during
the 70’s when the “affirmative action”position
for women was catcher,and as a guard for
five years on an undefeated women’s sum-
mer league basketball team,known as Mur-
phy’s Fliptops.
Jack Evjy, MD
Senior Medical Advisor, Massachusetts Medical Society
Chair of Board Directors, Commonwealth
Hematology Oncology
“I find that there
is no better reason
to love what I do
than to help
people in need
get the help they
require in the
most effective
way possible.”
Outside/Community Activities:
• Board of Directors,Boston Medical Library
• Boothbay Regional Art Foundation Mem-
ber
Tell us about what you do and what you have
accomplished.
I am the senior medical advisor at the
Massachusetts Medical Society and chair of
the board of directors of Commonwealth
Hematology Oncology,a cancer treatment
group.
I’m also a former member of the board of
directors of the Massachusetts Coalition for the
Prevention of Medical Errors and co-chair of
the Patient Safety Programs Task Force of the
Quality/Safety Committee of the Massachu-
setts Health Care and Quality Cost Council.
Why do you do what you do?
I work in order to advance the quality and
safety of patient care.I find that there is no
better reason to love what I do than to help
people in need get the help they require in
the most effective way possible.
What is your proudest achievement?
Recently,my proudest achievement has
been working with a broad-based stakehold-
er group to develop a set of basic principles
and a strategic vision for patient safety pro-
grams in all settings of care in Massachusetts.
What is the biggest obstacle you have had to over-
come?
Developing consensus among diverse
stakeholders about evidence-based health
policy.
Who is your role model and why?
My father – he was extremely successful
in his personal interactions with others.
I hope that I have adopted his patient de-
meanor and intelligence.I’ve always admired
his ability to care about others and chose to
emulate that virtue in my own life’s work.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
It will be most difficult for doctors to learn
to build and work within orchestrated and
integrated systems of health care.
For some doctors it’s hard to be part of teams
and never forget that it is a person who is ill.
Many are relying on technology to solve all of
the problems in the health care field.Technolo-
gy is a means to health,not an end in itself.
What would be your dream job (other than your cur-
rent one)?
Thankfully I would choose what I did as a
young man – to personally care for patients
and help them become well again.
Len Fishman
President & CEO
Hebrew SeniorLife
“I’m driven by the
goal of changing
the way people
think about aging.”
Outside/Community Activities
• National Academy of Social Insurance Ex-
pert Study Panel on Long-Term Care
• National Advisory Committee for the
Robert Wood Johnson Foundation’s Last
Acts Campaign
• National Advisory Council of the Center for
State Health Policy,The Institute for Health,
Health Care Policy and Aging Research at
Rutgers University
• Member,Advisory Council of the University
Health Services,Princeton University
Tell us about what you do.
Founded in 1903,Hebrew SeniorLife,an af-
filiate of Harvard Medical School and the
third largest nonprofit organization in the
Boston area,is devoted to innovative re-
search,health care,education and senior
housing that improves the lives of seniors.
Since joining the organization in 2000,I’ve
been focused on transforming Hebrew Se-
niorLife into a trailblazing,integrated health-
care and housing delivery system,open to
people of all religions,socioeconomic back-
grounds,and cultures.
Why do you do what you do?
Prior to joining Hebrew SeniorLife,I was
president of the American Association of
Homes and Services for the Aging,the 6,000-
member national organization of nonprofit
long-term care and senior housing providers.
I came to Hebrew SeniorLife with broad
experience in the fields of health care and
senior services,as well as a personal passion
for improving the quality of life for seniors
everywhere.I’m driven by the goal of chang-
ing the way people think about aging.
What is your proudest achievement?
When I joined the organization I had a vi-
sion for a senior community that was unlike
any other.I wanted to develop a continuing
care retirement community (CCRC) that was
intergenerational,environmentally friendly
and cutting edge.I also wanted to alter the
traditional delivery of long-term care ser-
vices to our frail elders.
Opened just last year,NewBridge on the
Charles,our new CCRC in Dedham,has ex-
ceeded the expectation of the vision I had
nearly a decade ago and sets the standard
for senior care in this country.
I am incredibly grateful to our board and
committee members as well as our staff who
made this possible.
What is the biggest obstacle you have had to over-
come?
Helping Hebrew SeniorLife expand has
been a huge challenge,but a positive one.We
didn’t want to settle.
We have expanded our employment op-
portunities and our teaching commitment,
affiliated with Harvard Medical School and
invested in our Institute for Aging Research
and opened a state-of-the-art continuing care
retirement community.We are also renovat-
ing our flagship Hebrew Rehabilitation Cen-
ter in Boston.
It has taken hard work and determination,
but our efforts have paid off tremendously.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The Patient Protection and Affordable
Care Act will change our health care system
forever – in many ways that we understand
and in some that we will still be figuring out
months and even years from now.
A colleague in Washington recently re-
marked that for those of us in the field of health
care,the new law will define the remainder of
our careers.It’s true.This complex legislation –
on par with the creation of Social Security,
Medicare and Medicaid – has the potential to
change every aspect of the country’s $2.5 trillion
per year health-care system.
Some of the changes will take effect rela-
tively quickly.For example,beginning in 2012,
Medicare will reduce reimbursement to hos-
pitals for the care they provide to patients
readmitted within 30 days of discharge – if
the readmission was avoidable.
This makes sense.It turns out that,nation-
ally,about 1 in 4 Medicare patients dis-
charged from a hospital to a post-acute reha-
bilitation facility are readmitted within 30
days – and approximately 80 percent of
these readmissions are avoidable.
The cost of this avoidable care is approxi-
mately $17 billion/year,not to mention the
enormous suffering of patients and their fam-
ilies.Hospitals have no financial incentive to
avoid this: they get paid for the initial inpa-
tient stay and then they get paid for the read-
mission.
That will change in 2012,and that is good
news for high quality post-acute providers –
like our Hebrew Rehabilitation Center in
Boston – that can prove to hospitals that
their higher quality of care reduces avoid-
able readmissions.
What is one thing people don’t know about you?
One thing many people don’t know about
me is that I’m an attorney.
WWW.MASSMED.ORG
We are proud to support
the 2010 Rx for Excellence Awards
in honoring Heroes from the
Field and Leaders in Quality
Congratulations to our fellow
members of the Massachusetts
Medical Society and to
all the honorees!
Page B-16 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
Kilbyanne
Garabedian, JD, RN
Deputy General Counsel
UMass Memorial Health Care
“By helping
physicians, nurses
and other
professionals focus
on their clinical
skills, rather than
worry about legal
consequences, I am
helping them develop confidence in
their practice.”
Outside/Community Activities:
• Friends of Princeton Library
• Massachusetts Audubon Society
• Princeton Land Trust
Tell us about what you do.
I am a health care lawyer focused on pa-
tient care.This means helping care providers
figure out how best to care for incapacitated
patients,patients who are at the end of life,pa-
tients whose behavior may be the result of
mental illness or other disease,all the while re-
maining within the confines of law that may
be vague or outdated.
Why do you do what you do?
I like to help people.This may sound trite
and overused,but it is true.
By helping physicians,nurses and other
professionals focus on their clinical skills,
rather than worry about legal consequences,I
am helping them develop confidence in their
practice and am indirectly helping the patient
and their family.
What is your proudest achievement?
Professionally,graduating from nursing
school and then graduating from law school
are two events of which I am most proud.
Personally,bringing up three children to be-
come successful adults with happy families is
the achievement that brings a smile to my
face most often.
What is the biggest obstacle you have had to overcome?
Professionally,the transition from nursing to
law presented more challenges than I had an-
ticipated.
Scientific reasoning is deductive,meaning
that you start at the beginning,build your
knowledge and see where it takes you.Legal
reasoning is inductive,meaning that you start
at the end and then find the knowledge that
supports that end.It took me a long time to re-
ally understand the difference between these
approaches.
Personally,my trek through three major
surgeries forced me to really see health care
through the patient’s eyes.Even after years as a
critical care unit nurse,I did not fully appreci-
ate the importance of a soft voice,a pat on the
hand,complete information delivered in a
compassionate manner or the mere presence
of a caring individual who would listen.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
While I think health care reform has been
creeping its way into society even before the
passage of this legislation,I think the mandate
to “do more with less”will be our biggest chal-
lenge.
I say this because that statement has many
permutations.First,it will require that we com-
pletely change the way we deliver health care.
We are going to have to effectively focus on
education and prevention.
Second,we’re going to have to turn pay-
ment strategies on their heads so that those
most involved with education and prevention
(primary care physicians and advanced prac-
tice professionals) receive more recognition
and higher incentives.
Third,we’re going to have to focus on effec-
tive,high quality outcomes that require the ap-
plication of consistent modalities.This will im-
pact the provider/patient relationship and
provider autonomy as never before.
Fourth,we’re going to have to insist on ac-
countability from all involved and this in-
cludes the payors.Fifth and perhaps most
challenging,while we’re headed to “health
care for all,”we are going to have to grapple
with the most expensive sections of the con-
tinuum of life,the cost of care at the beginning
of life and at the end.
What is one thing people don’t know about you?
I’m not particularly excited about war or
weapons so most folks would be surprised to
learn that,as a teenager,I was a member of a rifle
and pistol team,achieving marksmanship status.
Larry Garber, MD
Medical Director for Informatics
Fallon Clinic
“Last year I climbed
Mt. Kilimanjaro,
a 20,000 foot
mountain in
Tanzania. It was
easier than
implementing an
electronic health
care record system.”
Tell us about what you do.
I am an internist at the Fallon Clinic,as well
as Medical Director for Informatics.I led the im-
plementation of an electronic health records
system for our 250 physicians,including inter-
faces to five regional hospitals,a home health
agency,a reference lab,an imaging center,a
quality data center and a health plan.
Why do you do what you do?
I recognize the potential benefits,as well as
the potential harms,that can result from infor-
mation technology interventions.I find it re-
warding to know that the work I do maximizes
the benefits and minimizes the risk of harm to
my patients and the patients of my colleagues.
What is your proudest achievement?
I designed and led the implementation of a
federated Health Information Exchange (HIE)
known as SAFEHealth.
This HIE allows patients to give “opt-in”con-
sent and transfers clinical information in a man-
ner that is convenient to patients and fits into
the workflows of busy health care workers.
What is the biggest obstacle you have had to overcome?
Balancing priorities with limited resources,
both professionally and personally.
Who is your role model and why?
My older brother,Gary.He was never afraid
to take on challenges.
He wrote a computer operating system to
compete with DOS,the precursor to Windows.
He wrote his own markup language to com-
pete with HTML,the core of the Internet.
He did these long before most knew what
these were,and he did them as a practicing
cardiologist.He did them because he knew
how they could help others.Gary knew no
limits.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge is changing how
physicians and facilities are reimbursed so
that everyone is incentivized to do high quali-
ty,safe care without unnecessary testing,at the
same time as simplifying reimbursement so
that armies of billing and claims staff are no
longer needed,potentially saving trillions of
dollars each year.
What would be your dream job (other than your current
one)?
Indeed,my current job is my dream job.The
only thing that could make it better would be
to have more time to spend with my family.
What is one thing people don’t know about you?
Last year I climbed Mt.Kilimanjaro,a 20,000
foot mountain in Tanzania.It was easier than
implementing an EHR.
Michael P. Hirsh, MD
Division Chief of Pediatric Surgery and Trauma
UMass Memorial Children’s Medical Center
“Wellness
promotion is where
the future of
medicine lies.”
Mariann M. Manno, MD
Director of Pediatric Emergency Medicine
UMass Memorial Children’s Medical Center
“The sadness and
frustration of
witnessing how
injuries negatively
impact the lives of
kids and their
families has fueled
my passion for injury
prevention work.”
Tell us about what you do.
Hirsh: We run a busy Pediatric Trauma Pro-
gramfor children under 18 years of age with
over 550 admissions per year.Our injury pre-
vention program provides information about
preventing child passenger injuries,teen dri-
ving problems,home and outdoor injuries,
gunshot wounds,ski and sports-related in-
juries.
Manno: I am the director of the Pediatric
Emergency Department at UMass Memorial
Children’s Medical Center.This is a very busy
Pediatric ED and a Level One Trauma Center.
As a pediatrician and emergency physi-
cian,I treat many children and teens with seri-
ous injuries from preventable causes.
Indeed,between the ages of one and 19
years,more children die from preventable
causes (accidents) than from all other causes
combined.The sadness and frustration of wit-
nessing how injuries negatively impact the
lives of kids and their parents/families has fu-
eled my passion for injury prevention work.
Why do you do what you do?
Hirsh: Children are the most precious re-
source in our society.It is their birthright to be
safe.
We,as responsible adults,should pave the
way for their safety with education and im-
proved product safety and activity choices so
that we don’t squander this resource.
What is your proudest achievement?
Hirsh: Our gun buyback program here in
Worcester has retrieved 1861 weapons in eight
years at a cost of $105,000.
This is less than the cost of even two gun-
shot related injuries.Worcester now ranks low-
est in firearm injury rates per capita than any
other city in the Commonwealth.
Manno: Teen RIDE (Reality Intensive Dri-
vers Education) is a teen driving safety pro-
gram that began in 2007 as a partnership with
the juvenile court system.
Since March 2007,we have offered a day
long Saturday program for teens who have
been arrested for a driving offense – speeding,
recklessness,DUI,etc.
We have condensed this program into two
hours and have taught Teen RIDE at South
High Community School to parents and teens
during their Drivers Education program.Also,
we have adapted Teen RIDE to a yearlong Ser-
vice Learning Project for 9th graders (called
Safe Ride/Safe Drive) at South High.This pro-
gram teaches younger students the impor-
tance of being a safe passenger (using seat-
belts, avoiding distractions, assessing the safe-
ty of the driver) as a prelude to taking Drivers
Ed and becoming a teen driver.
What is the biggest obstacle you have had to overcome?
Hirsh: Injury prevention is not a field that
will bring new patients into the hospital sys-
tem.On the contrary,if successful,injury pre-
vention will reduce admissions.
The new shift towards wellness promotion
and preventive care has finally caught up to
us as a model for this shift.But for many years,
it was hard to finance prevention programs
because we didn’t “make money”in the old
scheme of fee for service.
Who is your role model and why?
Hirsh: Dr.Barbara Barlow,the founder of the
Injury Free Coalition,set up her program in
Harlem in New York City.
She took an area that many thought was
impossible to improve and found that with
her injury prevention programs she could re-
duce injuries there by 60 percent.She is still
active at age 70 and has spread her gospel
throughout the United States.
Manno: Dr.Barry Hanshaw,who was the Chair
of Pediatrics while I was a Pediatric Resident.
He was a scientist and a master clinician.I
learned so much from him.But most of all,his
kindness,gentleness and patience during
challenging times was an example to me of
how to approach others and solve problems.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Hirsh: We must be willing to embrace the
notion that caring for illness and injury after
the fact is going to bankrupt the system and
cause needless morbidity and mortality.Well-
ness promotion is where the future of medi-
cine lies.
Manno: As more patients have access to and
can afford medical care,health care systems and
providers need to have the capacity to care for
more patients in a cost effective manner.
What would be your dream job (other than your current
one)?
Hirsh: I would love to be one of three
things: Surgeon General,broadcaster for the
New York Mets or a Civil War history professor.
What is one thing people don’t know about you?
Hirsh: I am the only child of a couple who
met in their teens in a concentration camp
during World War II.As a first generation
American and the son of Holocaust sur-
vivors,I believe my life’s work has been a trib-
ute to my parents’ ability to survive with dig-
nity and hope.
They instilled in me a deep and abiding
Leaders in Quality
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-17
love for freedom and for the importance of
protecting children from the ravages that they
faced 70 years ago.
Manno: I am writing a cookbook that com-
bines family favorite recipes and photography.
Sarah Iselin
President
Blue Cross Blue Shield of Massachusetts Foundation
“I am committed
to working to make
sure everyone –
especially the most
vulnerable among
us – has access
to high quality,
affordable
health care.”
Outside/Community Activities:
• Board of Massachusetts Health Policy Forum
Tell us about what you do.
I lead one of largest private health philan-
thropies in Massachusetts,focused on improv-
ing access to health care and health coverage.
I am responsible for the daily operation and
overall performance of the Foundation.
I work with the board to set strategic direction
and shape policy,and work closely with staff on
program,administrative and financial matters,and
with Blue Cross Blue Shield corporate leadership.
I am also responsible for building and sustain-
ing a diverse range of partnerships and relation-
ships with community organizations,grantees,
policymakers,government officials and others.
Why do you do what you do?
I believe that health care is a right,not a
privilege,and I am committed to working to
make sure everyone – especially the most vul-
nerable among us – has access to high quality,
affordable health care.
What is your proudest achievement?
I am proud of being a part of the community
that came together to pass and implement the
Massachusetts health reform law,which has result-
ed in more people having health insurance here in
the Commonwealth than anywhere in the nation.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Unless we control the growth in health care
spending,we are going to face tough choices
ahead.
It will become increasingly challenging to
sustain our accomplishment of extending
health coverage to nearly every resident of
Massachusetts.Small businesses already strug-
gling in this tough economy will find it increas-
ingly difficult to continue to cover their workers.
Finally,the more resources we devote to
health care,the less we will have to spend on
other things that have a profound effect on
overall health including ensuring access to
high quality education,adequate housing and
public health investments.
What would be your dream job?
I have my dream job!
What is one thing people don’t know about you?
Most people don’t know that I went to the
School of the Art Institute of Chicago for col-
lege to study photography,printmaking and
art history.
Rebecca L. Johnson, MD
Chair, Department of Pathology & Clinical Laboratories
Berkshire Health Systems
“I love my
profession and
the people that I
have the opportunity
to work with to
provide the best
possible patient
care for pathology
and lab services.”
Outside/Community Activities
• Past President,American Board of Pathology
• Board of Directors,American Board of Med-
ical Specialties
• College of American Pathologists
• Board Member,Berkshire Area Health Edu-
cation Center
Tell us about what you do.
I am president of a six-member physician
specialty group practice,based in a communi-
ty teaching hospital,where we’ve created an
excellent residency training program.
We have developed a successful lab out-
reach program that is second largest in New
England.Quality has always been top priority
in our organization.
Why do you do what you do?
I love my profession and the people that I
have the opportunity to work with to provide
the best possible patient care for pathology
and lab services.
What is your proudest achievement?
Receiving the 2010 South Illinois University
School of Medicine Distinguished Alumni
Award.
I am also very proud to have served as Pres-
ident of the American Board of Pathology and
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What is the biggest obstacle you have had to overcome?
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Leaders in Quality
Who is your role model and why?
Dr.Grant Johnson (no relation),the Chair-
man of Pathology at my medical school.
His love of medicine,inquiring mind and
enthusiasm for pathology inspired me to pur-
sue this vocation.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Reforming the way care is delivered and paid
for.There will be revolutionary changes in deliv-
ery systems and different incentives for payment.
What would be your dream job (other than your current
one)?
Being a gardener.
What is one thing people don’t know about you?
I grew up on a farm in rural Minnesota.
Bruce Karlin, MD
Internist
Worcester, Mass.
“I enjoy making
the community
work better.”
Outside/Community Activities:
• Town Moderator,Hopkinton
• Violinist,Metrowest Symphony Orchestra
• Board Member,Concord Chamber Music Society
• Past President,Worcester District Medical Society
• Moderator for MMS’s television show – Physi-
cian Focus
Tell us about what you do.
I am in private primary care practice in
Worcester.I am active in the medical society,
spearheading initiatives in secure physician e-
mail,public access television shows and com-
munity immunity,where we test the emer-
gency response by giving yearly flu shots.
Why do you do what you do?
It’s fun.I enjoy making the community work
better.
What is your proudest achievement?
Raising four wonderful children – although
the results are more a reflection of my wife’s
patience and calm.
What is the biggest obstacle you have had to overcome?
I find it hard to focus and have a wide vari-
ety of interests.To get things done requires
great energy in avoiding distractions.
Who is your role model and why?
My father.He was a consummate practitioner.
I often think that my idiosyncrasies are my
own and then learn another anecdote about
my dad,which further demonstrates from
where that idiosyncrasy evolved.These idio-
syncrasies are the essence of good practice.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Rational rationing of health care.
Right now the rationing comes through the
insurers.I think providers and consumers
need to make the tough decisions together.
What would be your dream job (other than your current
one)?
Quality engineer for medicine.I think it would
be interesting to work with providers to stream-
line many of the processes to provide care.
What is one thing people don’t know about you?
I prefer to vacation at home.
Sharon Lane, RN, MSN
Senior Director of Patient Safety
Dana-Farber Cancer Institute
“I have always
been interested
in improving the
quality of patient
care and especially
making care safer.”
Tell us about what you do.
I am the Senior Director for Patient Safety.
My role is to identify safety risks in caring for
oncology patients at Dana-Farber.
I work with hospital leadership as well as
staff to identify problems and then I lead mul-
tidisciplinary teams focused on improving the
identified aspects of patient care.
I led a team that redesigned the process for
nurses to double check chemotherapy doses
before administration.
I have worked to introduce the concepts of
teamwork and communication to clinicians and
staff throughout Dana-Farber.I successfully start-
ed a program at Dana-Farber where nurses report
“near misses”related to medication administra-
tion.We use those cases to analyze our systems
for faults and develop improvement projects.
Why do you do what you do?
I have been a nurse for over 25 years.I have al-
ways been interested in improving the quality of
patient care and especially making care safer.
I have worked at Dana-Farber for over 20
years and I love what I do.Improving patient
safety in oncology has been my passion for
many years.I have spoken nationally on the
topic and made a video to educate nurses in
the safe administration of chemotherapy.
What is your proudest achievement?
My proudest achievement was helping Dana-
Farber to improve its clinical systems and restore
its reputation as a high quality organization after
the chemotherapy overdoses in 1995.
What is the biggest obstacle you have had to overcome?
I have had to overcome skepticism from
some clinicians about the potential risks to
patient safety,especially in the early years
when people truly believed errors were only
made by unskilled clinicians.
Who is your role model and why?
In the patient safety world,my role model is
Atul Gawande.
His books inspire me and I am in awe of his
ability to communicate the importance of pa-
tient safety work to both clinical and lay audi-
ences by telling compelling patient stories.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
We need to improve our ability to measure
quality outcomes in the health care arena.
Care needs to be evidence-based and mea-
surements must be developed.
If a treatment is not evidence-based and cost
effective it will not be reimbursable in the near fu-
ture.Clinicians need to participate in this process
and not allow quality to be dictated by those
who do not understand clinical care.
What is one thing people don’t know about you?
I was bitten by a panda bear while traveling in
China in 2006.Not many people can say that.
Jeffrey H. Liebman,
MBA, DMD
CEO
Beth Israel Deaconess Hospital-Needham
“I have a deep
belief that it is
extremely important
to make sure people
have access to high
quality health care
in their local
community.”
Outside/Community Activities:
• Rotary Club
• Massachusetts Hospital Association
• Children’s Museum,South Dartmouth,Mass.
Tell us about what you do.
I am President and CEO of Beth Israel Dea-
coness Hospital,an independent community hos-
pital in Needham,as well as Affiliated Physicians
Group,an integrated physician network that in-
cludes more than 160 physicians at 31 clinical sites
and treats more than 500,000 patients per year.
In the past year,we expanded the hospital,
adding 40,000 square feet that includes a
brand new Emergency Department and 20
new private inpatient rooms.Additionally,the
hospital was recently ranked in the top one
percent for patient satisfaction.
Why do you do what you do?
I have a deep belief that it is extremely impor-
tant to make sure people have access to high
quality health care in their local community.
What is your proudest achievement?
I am most proud of my daughters.
What is the biggest obstacle you have had to overcome?
The biggest obstacle I have overcome is deal-
ing with certain political forces that are resistant
to change for the good of the population.
Who is your role model and why?
My role model is Dr.Paul Farmer because
of his tireless energy and dedication to im-
proving the lives of others.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge will be the ability to
have adequate financing for health care services.
What would be your dream job (other than your current
one)?
My dream job would be leading an interna-
tional effort to improve access to health care
services in underdeveloped areas.
What is one thing people don’t know about you?
I support several educational organizations
and volunteer time and resources to help sup-
port high school and college students.
B. Dale Magee, MD
Obstetrician-Gynecologist
Shrewsbury, Mass.
“I enjoy practicing
medicine, running
a ‘test kitchen’
for information
technology and
work flow.”
Outside/Community Activities:
• Worcester Infant Mortality Reduction Task Force
• Worcester County Child Fatality Review Team
• Massachusetts Quality & Cost Council
• Massachusetts Department of Public Health
Birth Defects Monitoring Program
• Shrewsbury School Committee
Tell us about what you do.
I work in a small private practice in obstet-
rics and gynecology.We implemented an elec-
tronic health records system eight years ago,
including adopting patient tracking,
test/consult tracking,etc.
Why do you do what you do?
I enjoy practicing medicine,running a “test
kitchen”for information technology and work
flow.Also I enjoy the practical aspects of pub-
lic health and performance measurement.
What is your proudest achievement?
Getting into medical school – that opened
the door to all that followed.
Who is your role model and why?
My role model is Mortimer Rosen,who was
department chairman during my residency.
He placed professionalism at the top of his
list.He had extraordinary skills in reading peo-
ple,inspiring them and building teams.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Massachusetts is dependent on the health
care industry for jobs and prosperity,yet the state
needs to wind down the role of health care in the
economy if costs are to come under control.
Doctors need to work within systems while
serving patients as a first priority; they need to try
to practice evidence-based medicine,but must
also take care of the majority of circumstances in
which good evidence is not available.
What would be your dream job (other than your current
one)?
National Thought Leader!
What is one thing people don’t know about you?
I’m a big Elvis fan.
Eugenia Marcus, MD
Pediatric Health Care at Newton-Wellesley
“I think we are on
the verge of huge
breakthroughs in
our knowledge of
disease management
and prevention when
we can connect all
the databases and
utilize the information in a positive
manner.”
Outside/Community Activities:
• Massachusetts Medical Society
• Massachusetts Chapter President,American
Academy of Pediatrics
• Vice Chair,Council on Clinical Information
Technology
• Health Advisory Council for City of Newton
• Community Rowing
Tell us about what you do.
I’ve been in clinical pediatric practice for
40 years.
I built a successful practice from scratch.
I’ve been a very early adopter of electronic
medical records and built the first pediatric
knowledgebase for NextGen Healthcare Infor-
mation Systems.I am currently a physician
consultant for them part time.
I am also co-chair of the child health work-
group for the Certification Commission for
Health Information Technology.I shepherded the
pediatric functionality requirements for electron-
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-19
Leaders in Quality
ic medical records for the certification process.
Why do you do what you do?
I love what I do.I could retire but I don’t
want to.The health information technology
field is exploding and it’s too exciting to bow
out.I feel I have a lot more to contribute.
I continue to maintain a clinical practice.
It’s my proving ground for trying out new infor-
mation technologies,and I really enjoy my pa-
tients as they grow and eventually take care of
their own children.
What is your proudest achievement?
My kids: Jeffrey who is a wildlife biologist
and Helena who is a teacher.
What is the biggest obstacle you have had to overcome?
The biggest obstacle was early in my career
where there were limited opportunities for
women in medicine and the legitimacy of their
professional competency was always in question.
Child care options were limited.I managed all
the executive functions of the home and the of-
fice and the kids.It was a time when women had
to do it all and carry the burden that if they stum-
bled,all of women in medicine were blamed.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge is to get all of medi-
cine “wired”securely and with interoperability.
I think we are on the verge of huge break-
throughs in our knowledge of disease man-
agement and prevention when we can con-
nect all the databases and utilize the informa-
tion in a positive manner.
The health care reform law is needed and
long overdue.The medical community will
have to adjust to the needs of the population
in providing care at an affordable price.
What would be your dream job (other than your current
one)?
The opportunity to further IT for pediatrics.
I’m currently doing some of this,mostly in the
volunteer arena and with limited resources.
Actually,my dream job would be to have more
resources to do what I do now.
Philip E. McCarthy, MD
General surgeon
Norwood, Mass.
“Everyone who has
strived to help
relieve the suffering
of the infirm and
unfortunate is a role
model. Their calling
is man’s ultimate
goal.”
Outside/Community Activities
• American Medical Association
• Massachusetts Medical Society
• Tufts Medical School Alumni Association
• ProMutal Group Board Member
Tell us about what you do.
I’m a general surgeon in Norwood,Mass.
Prior to this,I worked in the U.S.Army Medical
Corps and also served as the president of both
the Massachusetts Medical Delegation to the
AMA and the MMS.
Why do you do what you do?
I do what I do for three reasons. First,I love to
help people help themselves.Second,I have a job
where I can help those who are suffering and
need help the most.And third,I do what I do in
order to teach other physicians and surgeons.
What is your proudest achievement?
My proudest achievement is my marriage
to my lovely wife and the six amazing chil-
dren that we’ve raised together.
What is the biggest obstacle you have had to overcome?
Regulations and far too much paperwork
are my major obstacles to doing what I love:
helping patients.
Who is your role model and why?
I have so many.Everyone who has strived to help
relieve the suffering of the infirm and unfortunate is
a role model.Their calling is man’s ultimate goal.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
Government oversight is going to be prob-
lematic,as it tends to value statistics over actu-
al long-term results.
Also,despite the existence of electronic
records,there will definitely be an increase in
paperwork.Further,the electronic records
themselves are challenging because their im-
plementation requires training and time that
doctors simply do not have.
Finally,the regulations are increasing while the
reimbursements for services are decreasing.
What would be your dream job (other than your current
one)?
To be a world traveler with a limitless budget.
Dolores L. Mitchell
Executive Director
Group Insurance Commission
“The stimulation
of working in
government, even
in tough times, is
energizing and
nothing outside
seems anywhere
near as interesting.”
Outside/Community Activities:
• Big Sister Association
• Massachusetts Women’s Political Caucus
The Massachusetts
Medical Law Report calls
him a leader in quality.
We’ve known that for years.
We at Beth Israel Deaconess Hospital-
Needham take great pride in
congratulating our President and Chief
Executive Officer Jeffrey Liebman for
being named a recipient of the
Massachusetts Medical Law Report’s
2010 RX for Excellence Award. Jeff’s
leadership inspires us to always provide
safe and quality health care for all.
Jeffrey H. Liebman, MBA, DMD
President and Chief Executive Officer
Beth Israel Deaconess Hospital-Needham
BID-N JL RXforExcellence ad with b+w logo.ƒ_Layout 1 8/11/10 5:06 PM Page 1
Page B-20 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
Leaders in Quality
• Watertown Democratic Town Committee
Tell us about what you do.
As Executive Director of the GIC,my role is to
direct the agency in developing programs that of-
fer our enrollees comprehensive,quality health
coverage at rates that are as affordable as possi-
ble.To that end,we devise benefit programs,solic-
it bids from health plans and other providers,ne-
gotiate contracts with the bid winners and moni-
tor performance on an ongoing basis.
We seek to be leaders in the field and we
try to use our visibility as one of the largest
purchasers of health care in New England to
push for better services,better prices and in-
novative programs to improve quality.We
spend a fair amount of time in collaborative
efforts with other agencies,other purchasers,
and with a variety of state and national organi-
zations working on the same kinds of issues.
And last,but not least,because we are cur-
rently spending over $1.5 billion of Massachu-
setts taxpayer dollars,we are extremely inter-
ested in working on ways to lower the con-
stantly escalating costs of health care.
Why do you do what you do?
Providing health care to thousands of people
that is of high quality and reasonable cost (al-
though the latter is getting harder and harder to
do) is a rewarding way to spend one’s work days.
The challenges are enormous; the stimula-
tion of working in government,even in tough
times,is energizing and nothing outside seems
anywhere near as interesting.
What is your proudest achievement?
Personally,having a great marriage and
three children,all of whom are productive
adults that are contributing to society in their
own fields of work.
What is the biggest obstacle you have had to overcome?
It was hardest moving into fields about
which I had no previous experience or knowl-
edge and making it through the learning curve
without making any disastrous mistakes.
Who is your role model and why?
I have had many people from whom I’ve
learned and whose knowledge or style I have emu-
lated.One who stands out for neither style nor
knowledge is Mike Dukakis,whose ethical stan-
dards about government continue to influence me.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
There are two major challenges,and which is
the chicken and which is the egg is debatable.
The challenges are are becoming part of
the solution to the cost problem and acceler-
ating the move from a fee for service delivery
and payment system to a more integrated,
team-based delivery system.
The chicken/egg question is even more com-
plicated,given the complexities of the federal
health care legislation,the prolonged roll out of
the many facets of the legislation,and the fact
that all the regulations are not yet out for com-
ment – much less for final promulgation.
For the next few years,there will be some
provisions that will cost purchasers more
money,but they will also improve the lives and
health of many American citizens.
We also know that some of the provisions
will make for more efficient delivery of
health care services – for example,the use of
electronic medical records to provide more
accurate,complete medical information
where it is needed.There is hope that,in
time,it will also save money. Comparative ef-
fectiveness research also has that potential,if
purchasers will use its results to guide their
benefit design.I could go on and on,but,to
me,the future looks exciting,challenging
and demanding.
What would be your dream job (other than your current
one)?
One just like the one I currently have,but
that works on a four-day work week schedule.
Senate President
Therese Murray
Massachusetts Senate
“At the end of the
day, it isn’t about
your title or how
much power you
have, it is about how
you use what you
have to help people.”
Outside/Community Activities:
• Massachusetts Public Health Association
• Barnstable and PlymouthArea HealthAdvi-
sory Boards
• UMass Gerontology Centers’ Community Ad-
visory Board
• Statewide Breast Cancer Advisory Board
• Upper Cape Lung Cancer Advisory Board
• Attorney General’s Elder Protection Advisory
Committee
• Community Advisory Committee on
Leukemia
What is your proudest achievement?
I authored and passed legislation in 2001
that created the Catastrophic Illness in Chil-
dren Relief Fund,one of only two in the na-
tion (the other in New Jersey),to help families
pay large medical bills.
Another achievement that I am extremely
proud of was in March 2007,when my colleagues
elected me to be the first woman President of the
Senate in the history of Massachusetts.
Other achievements include authoring
comprehensive welfare reform legislation and
securing its passage in 1995; co-sponsoring the
Mental Health Parity Bill that passed into law
in 2000; co-authoring and passing the Health
Care Quality and Cost-Containment Act of
2008,which we considered to be phase two of
the Commonwealth’s landmark Health Care
Reform Act of 2006; sponsoring and passing
children’s mental health legislation in 2008;
and co-authoring and passing comprehensive
transportation reform in 2009.
Who is your role model and why?
First and foremost,my mother.Raising me and
my sisters in Mission Hill and Dorchester,my par-
ents set the example of the benefits of hard work.
My mother worked full-time when women were
not typically out of the home and in the work
force,and my father sometimes worked three jobs.
It is because of my mother,whose name was
Helena but who went by Eleanor,that I think I
was so drawn to Eleanor Roosevelt as an inspira-
tion during my professional career.She showed
all of us that women can be a force in politics
and bring about great change in the world.
Eleanor Roosevelt is an inspiration because
she talked about issues and accomplished many
things most women of that time would not dare
approach.She broke from the traditional First
Lady role by dedicating herself to causes such as
the abolition of child labor,the establishment of
a minimum wage and civil rights.
Even when she was no longer First Lady,she
continued her activism as a delegate to the United
Nations,and because of her tenacity and passion
for civil rights was elected unanimously to chair
the newly-created Commission on Civil Rights.
Eleanor Roosevelt understood that serving
your country is one of the greatest honors,and
that is how I feel about serving as a Senator
and as the first female President of the Massa-
chusetts Senate.She understood that the real
achievement was not winning an election,
but,once you are in office,doing your best for
your community,state and country.
These are qualities I admire and try to live by,
because – at the end of the day – it isn’t about
your title or how much power you have,it is
about how you use what you have to help peo-
ple.As Eleanor Roosevelt said,“When you cease
to make a contribution,you begin to die.”
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
One of the greatest challenges that doctors
and the health care industry will be facing
following the passage of federal health care
reform is the need to expand services while
controlling cost.
As more and more individuals are able to af-
ford health insurance,this will cause greater pres-
sure on an already strained system to keep up
with the demand.Already we have shortages in a
number of fields,most notably primary care.
As federal health care reform is implement-
ed,the health care industry will need to adapt
to the caring for more patients,and doing so
in a more efficient and effective way.
Jeffrey Samet, MD
Professor of Medicine and Chief of General Internal
Medicine, Boston University School of Medicine
Medical Director, Boston Public Health Commission’s
Substance Abuse and Treatment Services
“I am proud
of mentoring
outstanding
young clinical
investigators
in alcohol and
drug abuse and
HIV research.”
Outside/Community Activities:
• Board of Trustees,Temple Beth Shalom,
Needham,Mass.
Tell us about what you do.
My professional life involves a primary care
practice that includes a disproportionate number
of patients with alcohol and drug dependence,
the vast majority of whom are in recovery,many
of whom are receiving pharmacotherapy for their
addiction,some of whom have HIV infection.
It is here that I saw incredible need and a
terrific opportunity to address that need. I
serve as Medical Director of the Boston Public
Health Commission’s Substance Abuse Pre-
vention and Treatment Services.
I lead the academic section of more than
100 general internists who practice medicine,
both primary care and hospital medicine,en-
gage in clinical research and educate the next
generation of physicians.
I am involved with several research projects
addressing patient issues with receipt of med-
ical care for treatment and prevention of ad-
dictions as well as HIV prevention internation-
ally,in Russia predominantly.
My accomplishments have revolved around
providing treatment for people with alcohol and
drug dependence and getting individuals with
HIV infection into medical care.
What is your proudest achievement?
Besides my three boys,I am proud of men-
toring outstanding young clinical investigators
in alcohol and drug abuse and HIV research,
as well as effectively supporting an incredible
group of academic general internists.
Who is your role model and why?
Thomas Edison.He was incredibly persis-
tent,creative and productive.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
It will be difficult training sufficient primary
care physicians to embrace all the good work
that can be accomplished and creating a
work environment that supports collaborative
productive work by all in the outpatient pri-
mary care setting.
What would be your dream job (other than your current
one)?
I’d love to be a guide on hiking trails or lead
urban walking tours in great cities.
Kenneth E. Sands,
MD, MPH
Senior Vice President and Medical Director of Health
Care Quality
Beth Israel Deaconess Medical Center
“I am immensely
proud of
establishing a
system that has
allowed us to
see a measurable
decrease in the
occurrence of
preventable harm over several years.”
Outside/Community Activities:
• Board of Directors,MassExcellence
• Board of Directors,Lands Sake Farm,Weston,
Mass.
Tell us about what you do.
As senior vice president at Beth Israel Dea-
coness Medical Center,I have tried to create a
program for open and precise discussion of
patient harm and its prevention.
BIDMC has put in place specific definitions
of harm and preventability,and tries to cap-
ture and assess all events within the same
framework to allow accurate reporting and
sharing in the hopes of maximizing the learn-
ing from adverse events.
Why do you do what you do?
My job is a superb combination of clinical
care and health care operations that allows
me to see the impact of our existing health
system at both the individual and the “macro”
level.I do what I do because I get to see the
benefits reflected in tangible improvements in
the care of patients at our medical center.
What is your proudest achievement?
I am immensely proud of establishing a sys-
tem that has allowed us to see a measurable
decrease in the occurrence of preventable
harm over several years.
What is the biggest obstacle you have had to overcome?
Resistance to the concept that there was
value in accurately defining harm and pre-
ventability,and resistance to open discussion
about harm.
Who is your role model and why?
I consider myself to have many role models.
Among those that have mentored me di-
rectly,Richard Platt,Chair of the Harvard Med-
ical School Department of Population Medi-
cine,is a role model for his commitment to a
scientific approach to understanding care de-
livery,his ability to communicate in a way that
is both precise and engaging,and his commit-
ment to lifelong learning and teaching as inte-
gral to health care delivery.
Among historical figures,I admire Teddy
Roosevelt for his endless optimism,his cre-
ative vision,his passion for the environment,
and his willingness to take on tough causes.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
The biggest challenge for providers will be
the transition from a fee for service model of
payment to a bundled services model of pay-
ment.The biggest challenge for the health
care industry is to create a system that favors
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-21
prevention and primary care and to deem-
phasize the role of subspecialty care.
What would be your dream job (other than your current
one)?
Chief executive of an integrated health care
network.
What is one thing people don’t know about you?
I can ride a unicycle.
Gordon D. Schiff, MD
Associate Director, Center for Patient Safety Research
and Practice
Brigham and Women’s Hospital
“Only by taking a
more respectful
and systems-based
view can we practice
good medicine.”
Tell us about what you do.
I am a general internist.I work with Harvard
Risk Management Foundation on ambulatory
safety,especially on diagnosis errors.
Patients get lost in our complex and frag-
mented health system,yet often they and their
physicians get blamed for things that go wrong.
Only by taking a more respectful and systems-
based view can we practice good medicine.
What is the biggest obstacle you have had to overcome?
Beyond lack of time to do everything that
needs to be done,it is achieving the right bal-
ance of a macro and a micro view and ac-
tions.As a process-minded person,it’s easy for
me to get stuck on micro level.On the other
hand,working on a big picture policy level
misses on-the-ground realities and opportuni-
ties for improvement.
Who is your role model and why?
One of my role models is Donald Berwick,
for bringing process mindedness and patient
centeredness to the center of health care and
my practice.Another is Quentin Young,my first
chair of Medicine at Cook County,who
showed me how bringing patients and
providers together can be a powerful force
for change,accountability and justice.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
There are a lot of misplaced beliefs that a fi-
nancial/market incentive will somehow solve
the problems of our health care system.
Quality will be driven by pre-service health
care as a service and a right.Building the cul-
ture and processes to support that service ap-
proach is of the utmost importance.
People think that putting more people on
Medicaid is a good and viable route for getting to
universal health insurance.However,states are go-
ing broke and health plans for the poor are likely
to be targeted for cutbacks.Instead of Medicaid
for a few more,we need Medicare for all.
Also,employment-based health insurance
is a very shaky pillar to pin our hopes upon,
given the high unemployment rates.Business-
es – especially small businesses – will be un-
able to afford health insurance costs.
What would be your dream job (other than your current
one)?
I currently have my dream job; so my
dream would be to have on a planet where
there are 50 hours in each day.
What is one thing people don’t know about you?
How truly wonderful my busy physician
wife has been to me since I broke my foot and
am on crutches for 3+ months.
Thomas J. Sommer
President
MassMEDIC
“Great advances
have been made in
overall technology
and innovation,
and my job allows
me to view those
advances from the
beginning. ”
Tell us about what you do.
I am the president of the nation’s largest re-
gional medical device organization.We’ve
helped early stage companies get financing,
and are involved in various congressional ef-
forts to reform the Food and Drug Administra-
tion and its product approval process.
Why do you do what you do?
The medical device industry continues to
amaze me – the new technologies and ap-
proaches to health care delivery are astound-
ing.Improvements in surgical products and
techniques,medical imaging and drug deliv-
ery have been astounding in the last 14 years.
Great advances have been made in overall
technology and innovation,and my job allows
me to view those advances from the begin-
ning.They’re helping reduce health care costs,
reduce patient trauma,and speed recovery
times.It’s pretty amazing.
What is your proudest achievement?
Other than my 15 year old son? MassMEDIC – I
was its first employee and have enjoyed develop-
ing this trade association for the past 14 years.
Who is your role model and why?
My first boss – Aliceann Wohlbruck – ran a
small organization of economic development,
the National Association of Development Or-
ganizations.
She taught me everything I needed to
know about running a trade association.Un-
der her,I learned how to lobby effectively,at-
tract members and create an organization
that is of great value to its members.
Leaders in Quality
Fill in YOUR blank at
bidmc.org
We congratulate Kenneth Sands, MD, Senior Vice President, Silverman Institute for Health Care
Quality and Safety at Beth Israel Deaconess Medical Center and Jeffrey Liebman, President and Chief
Executive Officer of Beth Israel Deaconess Hospital-Needham, for being recognized by the
Massachusetts Medical Law Report with its 2010 Rx for Excellence Award. Their contributions to our
hospitals serve as an inspiration to everyone who works with them.
Healthy is
being a champion of quality health care
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Page B-22 / MASSACHUSETTS MEDICAL LAWREPORT SEPTEMBER 2010 / MMLR
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
For my industry,the new medical device
tax will force companies to consider increas-
ing prices or making cuts in research and de-
velopment.I’m still unsure about how this will
affect doctors,patients and medical technolo-
gy companies.Hopefully it will be positive.
As more people are covered,my hope is
that the law will create a more efficient
method of developing health care and deliv-
ering it to citizens.That said,a lot remains to
be seen.
What would be your dream job (other than your current
one)?
To own and operate a second hand book-
store.
What is one thing people don’t know about you?
I’m an avid reader and read at least one
book per week.
Thomas E. Sullivan, MD
Cardiologist
Danvers, Mass.
“I can’t think of
any better job,
other than one
that helps to
accelerate the
near-miraculous
recent advances
in healing the sick
and promoting wellness.”
Outside/Community Activities:
• Massachusetts Medical Society
• Tobacco Free Massachusetts
• Created and chaired the first IT committees
at MMS and the AMA
Tell us about what you do.
I’ve been taking care of patients since 1969.
It was my responsibility to hire,lead and man-
age the doctors in a non-profit staff model
HMO from 1985-1995.
Why do you do what you do?
I’m deeply driven by the memory and ex-
ample of my parents (my father was a physi-
cian,my mother was a nurse) in both my pro-
fessional and my spiritual life.
What is your proudest achievement?
My 38-year-long marriage,and raising a fam-
ily with three children.Also creating and intro-
ducing innovative IT tools to make patient
care better and easier for physicians.
What is the biggest obstacle you have had to overcome?
Resistance to change has been very diffi-
cult,mostly from outside the medical field but
sometimes from within.
Who is your role model and why?
My parents,who were able to combine pro-
fessionalism,compassion,equality,spirituality
and the importance of education in a family
with seven children and many close relatives.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
It’s going to be difficult to re-align incen-
tives to rebalance the supply of primary care
physicians,while making health care more af-
fordable,reducing anti-trust barriers for physi-
cians,encouraging more “teamwork”in medi-
cine and implementing fair and reasonable li-
ability reform.
What would be your dream job (other than your current
one)?
I can’t think of any better job,other than
one that helps to accelerate the near miracu-
lous recent advances in healing the sick and
promoting wellness.
David C. Turner
President and CEO
Masonic Health System of Massachusetts
“My proudest
achievement is
when I look around
at the quality of the
staff members with
whom I have the
privilege to work.”
Tell us about what you do.
Masonic Health System offers senior care
services across the continuum primarily con-
sisting of three campuses located in Lincoln,
Charlton and Northampton.MHS also offers
home and community based services
throughout the Commonwealth via Overlook
Leaders in Quality
Visit our website
www.mamedicallaw.com
Need more copies of Massachusetts
Medical Law Report for your
hospital or medical office?
Contact the editor, Reni Gertner, at
reni.gertner@mamedicallaw.com
or 617-218-8142.
Leaders in Quality
www.mamedicallaw.com
Visiting Nurse Association.
Over the past ten years we have grown from
a stand-alone skilled nursing facility in Charl-
ton caring for approximately 169 residents to a
full continuum of services across Massachu-
setts with an average daily census of almost
2000.
Revenues have increased from under $10
million in fiscal 2000 to a projected $65 mil-
lion for fiscal 2010.
Why do you do what you do?
We owe the lives we live today to our se-
niors.It was their hard work and dedication
that provided the opportunities and benefits
we enjoy.Our current senior care industry is
woefully inadequate – at best we still ware-
house our seniors.We can and must do better.
We must work to move the power and con-
trol from providers to the seniors and their
families.We must work to provide more deci-
sion making and influence by the direct care
worker.
We will move our industry from a reactive
medical model to a proactive wellness contin-
uum with empowered seniors making in-
formed choices about how they want to live.
What is your proudest achievement?
Professionally,my proudest achievement is
when I look around at the quality of the staff
members with whom I have the privilege to
work.I not only have the greatest confidence
in my team,but we also have a great deal of
fun and truly have a passion for what we are
doing.
What is the biggest obstacle you have had to overcome?
The biggest obstacle we have had to over-
come was and continues to be the govern-
ment and others who are invested in main-
taining the status quo.
Senior care is very difficult to navigate even
if you work in the industry.Providers rarely
work collaboratively,let alone share informa-
tion,data and best practices.It is getting better
but we still have a far way to go. Different ser-
vice providers need to work together to pre-
sent information and options to seniors to al-
low for informed choices.
We then need to support those choices and
provide services when and where the senior
chooses – not when and where the provider
can maximize reimbursement.
Who is your role model and why?
My father.He exemplified integrity.He was
one of those individuals who just worked hard
and did not care who got the credit.
I have often heard that dad “rarely spoke
but when he did you better listen.”He taught
me that your word is your most valuable pos-
session and if you work hard with integrity
and faith you can accomplish anything.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
While the new law will alter the landscape
for health care,significant changes in regula-
tions and reimbursement is nothing new.The
industry goes through periodic upheavals and
we have always found ways to survive if not
prosper.
The challenge has always been and will
continue to be how to meet the needs and de-
mands of our seniors and our staff.As
providers of health care services,the chal-
lenge is to not lose sight that our true client is
the seniors,their families and our staff; it is not
the government,insurance companies or oth-
er payer,or regulators.
What would be your dream job (other than your current
one)?
Professional golfer
Gordon C. Vineyard, MD
Chairman of the Board Emeritus
Massachusetts Health Data Consortium
“My goal has
always been to
leave the world
better somehow.”
Tell us about what you do.
I’m retired but I served as chief of surgery for
Harvard Vanguard for 10 years.I was also the
chairman of the board for Massachusetts Health
Data Consortium,working to implement electron-
ic medical records across the state.
I have a background in electrical engineering
and think that electronic medical records are
crucial to coordinating information across
health care providers.Massachusetts and New
England are especially good at sharing informa-
tion,in large part due to EMR implementation.
However,the system is still quite flawed –
it’s misleading to even call it a system.Our in-
dustry is more like a collection of specialized
excellence that’s uncoordinated to a specific
purpose.The purpose should be affordable
and efficient patient care,but that’s hardly the
reality of what’s going on at this point.
Why do you do what you do?
My goal has always been to leave the world
better somehow.I’ve tried to make Mass.
Health Data Consortium better than it would
have been had I not been there and to make
my mark in health care.
We’ve focused on bringing people together
to solve common problems.New England and
Massachusetts have been better than other
parts of the country at getting different health
care entities to work together.
What is your proudest achievement?
Providing first class care to my patients.I’m
not sure how much influence I’ve had since
it’s up to someone else to judge whether the
contributions you make are worthwhile.
What is the biggest obstacle you have had to overcome?
Physicians haven’t had a lot of technologi-
cal education.It’s tough for them to change
and learn to use EMRs.It’s not part of their up-
bringing or education as doctors,but they’re
trying the best they can.
Who is your role model and why?
From a patient care perspective,my main
role model is Francis D.Moore,who was chair-
man of the department of surgery at Brigham
and Women’s Hospital.He always put patients
first,even as a full professor and head honcho.
His commitment was incredibly inspiring.
Technologically,I’d say John Halamka,the
CIO of Beth Israel Deaconess Medical Center.
He has made enormous technological ad-
vances at that hospital,especially in his wide-
spread adoption of EMR.
Given the recent passage of the new health care reform
law, what do you consider the biggest challenge facing
doctors and the health care industry today?
We need to totally reorganize our industry,but
the way modern politics works makes it nearly
impossible.It’s going to be an extraordinarily
painful and difficult process for the physicians
since the system before was about cost maxi-
mization,where it needs to be about increasing
quality of care for patients at an affordable price.
Don Berwick’s confirmation as head of
Medicare/Medicaid is going to be an arduous
process,politically.He’s incredibly smart and has
great ideas,yet his confirmation is going to be
wrought with obstacles because he’s been paint-
ed by extreme conservatives as an awful person.
How do we get the political middle mobi-
lized in order to fix the system? I don’t know,
but that’s what I believe needs to happen.
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Reprints
MASSACHUSETTS MEDICAL LAWREPORT
By Jack Dew
The Supreme Judicial Court
heardoral arguments inMay in
a case that could alter the defi-
nition of the psychotherapist-
patient privilege.
The Board of Registration in
Medicine argues that it has rea-
sontosuspect that aReverepsy-
chiatrist was abusing his pre-
scribingprivilegesandgivingpa-
tients inappropriate amounts of
powerful painkillers. The Board
contendsthat theprivilegedoes-
n’t apply because the doctor
wasn’t acting as a psychiatrist,
andhassought patient
records from a
randomsample of his patients.
The doctor responds that he
specializes in the psychiatric
treatment of patients who suffer
chronicpainandsayshispatient
recordsareprotectedbythepsy-
chotherapist-patient privilege.
In 2008, a Superior Court
judge sidedwiththe Boardand
ordered the doctor – identified
in court papers as John Doe –
to turn over the records.
The doctor appealed to the
state Appeals Court, and the
SJCtook the case onits ownini-
tiative. Meanwhile, the Superi-
or Court order has beenstayed
pending the appeal.
Privilege at stake
Lawyers who repre-
sent physicians
argue that a cru-
cial privilege is at
stake in the case.
Dean P. Nicastro of
Pierce & Mandell in
Boston, who is not in-
Pre-Sorted Standard
U.S. Postage Paid
Boston, MA
Permit No. 55916
Address service requested Lawyers Weekly 10 Milk Street, 10th Floor Boston, MA 02108
see page 14
$10.00 per copy
www.mamedicallaw.com
Vol. 5, No. 5 July 2010
A Publication of
Verdict for physician
overturned by judge
Patient dies after
surgery on knee
By Jack Dew
In a rare move, a Superior
Court judge has overturned a
jury’s verdict infavor of aphysi-
cian in a medical-malpractice
case andordereda newtrial af-
ter concluding that the weight
of the evidence didnot support
the verdict.
Followingatrial inMiddlesex
Superior Court, a jury ruled
that an orthopedic surgeon
shouldnot be heldresponsible
for the death of a patient who
suffered a massive pulmonary
embolism days after undergo-
ing knee surgery.
The plaintiff filed a motion
for a new trial, which Judge
Thomas P. Billings granted.
The judge concludedthat al-
though the standard for order-
ing a new trial following a jury
verdict is “undeniably strin-
gent,” the verdict in the case
was “manifestly against the
weight of theevidence, andthat
it is therefore my duty to set it
aside and order a new trial.”
History of complications
The patient inthe case, John
L. Howard, injured his knee
while playing basketball in
March 2004. He went to the
emergency room where doc-
tors foundthat hehadruptured
his patellar tendon.
It was the second time that
Howard had injured one of his
knees. In 1998, he underwent
surgery to reconstruct his ACL
Supreme Judicial Court
weighs patient privilege
Rx FOR EXCELLENCE SEPT. 24 — HONOREES ANNOUNCED INSIDE — SEE PAGE 8
Continued on page 11
By Eric T. Berkman
The Board of Registration in
Medicine has issuedits first major
revision to the state’s prescribing
guidelines in nearly a decade, giv-
ing Massachusetts physicians
clearer guidance onwhat theycan
and can’t do.
Anyactionthe Boardtakes with
respect toprescriptionpractice is
important because prescribing
problems have always poseda se-
rious ethical trap.
The newguidelines – whichqui-
etly took effect onMay 19 – reflect
both statutory and regulatory
changes adoptedat boththe state
and federal level, as well as
changes inpolicysincetheBoard
last revised the guidelines in
2001.
Significant changes include:
• A section on supervision of
mid-level practitioners;
• The Board’s policy on gifts
and inducements from the drug
and device industry;
• Guidelines on office-based
treatment of drug addiction, as
well as prescribing of controlled
substances to treat pain; and
• An updated discussion of e-
prescribing.
The goal was to combine “in
one document what’s already
beenthe different elements of pre-
scribing expectations andrespon-
sibilities,” says Russell Aims, the
Board’s chief of staff. “By uniting
[the piecemeal policy changes
over the past decade] in a single
document that we hope is more
user-friendly and flows more logi-
cally, it’ll make it easier for physi-
cians to understand their respon-
sibilities and the Board’s expecta-
tions.”
Massachusetts Medical Society
President Alice Coombs applauds
the Board’s efforts. “[Prescribing
practices] are an important piece
Boardof Medicinereleases
newprescribingguidelines
First major revision of document since 2001
Continued on page 16 Continued on page 11 ©istockphoto.com
©istockphoto.com
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MASSACHUSET T S www.masslawyersweekly.com
December 1, 2008
By DavidE. Frank
A plaintiff shareholder involved in the dissolution
of a hair salon was entitled to dismissal of a coun-
terclaimwhere the defendant, who was the only oth-
er shareholder in the company, failed to properly
make a written demand, a Superior Court judge has
ruled.
The defendant argued that his counterclaim was
exempt under the 2004 Massachusetts Corporation
Act, which was enacted three years after the filing of
the lawsuit, since the demand requirements had
been waived and the original claim provided the
plaintiff with ample notice.
But Judge Thomas P. Billings disagreed, holding that
the statute, G.L.c. 156D, §7.42, should be applied
retroactively, particularly where the defendant had
amended his counterclaim in 2005 to add a derivative
claim.
“Here, there is no reason why [the defendant]
could not have satisfied the demand requirement
prior to adding the derivative count to his counter-
claim, and thus no reason why the statute should not
be taken at its word, on and after its effective date,”
he wrote.“Nor does the statute make exception for a
counterclaim.”
The nine-page decision is Blake, et al. v. Kennedy,
et al. v. Curio Salon, LLC, et al., Lawyers Weekly No.
12-326-08.
Clear warning
Edward F. Foye, of Boston’s Todd & Weld, repre-
sented the plaintiff along with Burlington lawyers
Nicholas J. Di Mauro and Mark E. Burke. Foye said
this was the first state court decision to address the
statute’s notice requirement.
“The message to be taken here is that any share-
holder who intends to assert derivative claims by way
of a counterclaim has to give notice to the corpora-
tion,” he said.“The judge held that it makes no differ-
ence whether the cause of action accrued before [pas-
sage of] the statute or after.”
With the lack of state court precedent, Foye said
he relied, in part, on a 2005 decision by U.S. Dis-
trict Court Judge Joseph L. Tauro, which held that
the language of the 2004 statute entitled corpora-
tions to notice prior to the filing of a derivate
claim.
“What Judge Tauro and now Judge Billings de-
termined is that the statute trumps the policy of
free amendment pleadings,”he said.“It isn’t enough
simply to suggest that there might be derivative
claims out there in a pleading that was filed prior
to the effective date of the statute.”
While not binding, Foye, who said he has al-
ready been served with a motion to reconsider, said
the decision should serve as a clear warning to cor-
porate lawyers.
“If you’re a shareholder who gets sued by a cor-
poration, and you think you have a derivative coun-
terclaim, you can’t assert that counterclaim without
giving notice to the corporation,” he said.“You have
to give it the opportunity to make use of its statuto-
ry rights and remedies.”
Wakefield attorney John Connolly Jr., who rep-
resented the defendant, declined to comment.
Badhair day
In 2001, a dispute arose between the sharehold-
ers of a close corporation that owned and operat-
ed a hair salon in Reading.
The plaintiff, Christopher Blake, filed suit seek-
ing various forms of relief against defendant Rus-
sell Kennedy. The original complaint named Curio
Salon as both a plaintiff and defendant.
Kennedy thencounterclaimed, asserting a number
of theories including conversion.
Four years into the case, Kennedy filed an
amended counterclaim against Blake, which, for
the first time, purported to assert a shareholder’s
derivative claim on behalf of the salon. He also
filed a third-party complaint against the salon.
After a series of delays, the case was tried jury-
waived in June in front of Billings.
A month earlier, a different judge entered a bi-
furcation order limiting the trial “to the issue of
whether Kennedy had, on or before Dec. 2001,
been frozen out of the [salon].”
Although Billings found that he had not, he said
the question of whether either party was entitled to
relief remained open.
The plaintiff then filed a
motion to dismiss the coun-
terclaim, arguing that since
the addition of the derivative
count was not preceded by a
demand on the corporation’s
directors, it could not be as-
serted under the statute.
Noexcuses
Even though the corporation consisted of only
two shareholders, Billings said the statute clearly re-
quired the defendant to make a demand.
He added that when the Legislature has opted on
other occasions to exempt a counterclaim from a
demand requirement, it has done so expressly.
“I note in passing, that if ever there were a demand-
excused case, it would be this one,”he wrote in a foot-
note.“Nonetheless [the statute] means what it says —
no excuses, and thus no need to navigate the slippery
slope formerly in place.”
Billings said that other judges, including Tauro,
had similarly found the demand requirement was
triggered whenever a shareholder commenced a
derivative proceeding.
“I read this (as did Judge Tauro) to include the
transformation of an existing individual action
into a derivative action, whether by counterclaim,
by amendment, or (as here) by an amended coun-
terclaim,” he wrote. “This is the only construction
that will ensure fulfillment of the statute’s underly-
ing purpose.”
Citing bothSuperior Court andU.S. District Court
rulings, Billings wrote that the 2004 statute repre-
sented a significant change from prior practices.
“Section 7.42 is a ‘universal demand’ statute,
meaning that there are no longer situations in
which — as under the old Chapter 156B and still
under Mass. R. Civ. P 23, … demand may be ex-
cused on ground of futility,” he said.
Billings similarly rejected the defendant’s argu-
ment that the demand requirement was fulfilled
when he asserted his original counterclaimseeking
relief individually, which could be obtained only
on the corporation’s behalf.
He wrote that, for a variety of reasons, the
amended counterclaim would have been defective
prior to the passage of the 2004 law.
“To the extent that these are matters of form,
they might be curable —even at this late date —by
amendment,” he said. “Because no demand was
made, however, and because [the statute] is utterly
unforgiving in this regard, amendment would be
futile.” MLW
Mass. CorporationAct
applies retroactively
MARK E. BURKE NICHOLAS J. DI MAURO
CASE: Blake, et al. v. Kennedy, et al. v. CurioSalon, LLC, et al.,
Lawyers Weekly No. 12-326-08
COURT: Superior Court
ISSUE: Was a plaintiff entitledto dismissal of a counterclaimwhere
the defendant failedto properly make a writtendemand?
DECISION: Yes
Reprinted with permission from Dolan Media Co., 10 Milk Street, Boston, MA 02108. (800) 444-5297 © 2009 #01124vw
MMLR / SEPTEMBER 2010 MASSACHUSETTS MEDICAL LAWREPORT / Page B-23

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