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Question the Practice, Follow the Evidence

Friday, August 14, 2026
MSSNY pulse President
Question the Practice, Follow the Evidence
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Colleagues:

Few medical advances have done more to improve human health than vaccination. Across generations, vaccines have reduced suffering, prevented disability, and saved countless lives. Diseases that once routinely killed or permanently disabled children and adults, such as polio, measles, diphtheria, and many others, were dramatically reduced through widespread immunization. Diseases that once filled hospital wards and permanently altered families became uncommon through scientific discovery, rigorous research, physician leadership, and the application of evidence-based medicine.

As physicians, we should welcome questions about established medical practices. Medicine advances because we are willing to challenge existing assumptions and determine whether what we have accepted as standard practice continues to be supported by evidence. The fact that a practice has been accepted for many years does not, by itself, make it correct.

Medical history provides numerous examples. Bloodletting was once considered an appropriate treatment for a wide range of illnesses. Thalidomide, diethylstilbestrol, and frontal lobotomy were all accepted medical practices before evidence demonstrated their serious limitations or harmful effects. These examples remind us that medical practice must always remain subject to scientific scrutiny.

But scientific scrutiny does not mean that established medical practices should be abandoned simply because a new hypothesis has been proposed. There is an important difference between raising a scientific question and having scientific evidence sufficient to change clinical practice. Anecdotal observations, individual experiences, and preliminary findings can be extremely valuable. They may identify an unexpected association or raise a legitimate hypothesis that deserves investigation. But they are generally the beginning of the scientific process, not the end of it.

If, for example, there are observations suggesting that administering multiple childhood vaccines together could produce an undesirable inflammatory or immune response, that possibility deserves to be studied. The appropriate response is neither to dismiss the observation nor immediately to change the vaccination schedule. The appropriate response is to formulate the question, conduct rigorous research, and determine whether the proposed effect actually exists and whether it is clinically meaningful. This is the foundation of evidence-based medicine.

Whenever feasible, randomized, well-designed clinical research should be used to test established medical practices and determine whether they continue to provide the expected benefits and risks. Randomization helps minimize the influence of confounding factors and bias and allows us to distinguish an actual treatment effect from associations that may occur by chance or because of other differences between patients. Evidence-based medicine should not be used merely to prove that new ideas are wrong. It should also be used to confirm that existing practices are right.

If rigorous research demonstrates that an established practice provides meaningful benefit with an acceptable risk, we should be willing to continue that practice, even when questions have been raised about it. Conversely, if high-quality evidence demonstrates that traditional practice is ineffective or harmful, physicians should be willing to change it. The standard should therefore not be whether a practice is old or new, conventional or unconventional, popular or controversial. The standard should be the quality of the evidence supporting it.

This principle is particularly currently important when considering changes to established childhood vaccination schedules. Vaccination recommendations are not based upon a single study or an individual physician’s opinion. They are the product of accumulated scientific evidence, clinical experience, epidemiologic data, ongoing safety monitoring, and evaluation by experts in infectious disease, pediatrics, immunology, public health, and other relevant disciplines.

New evidence may demonstrate that a vaccine should be administered at a different age, that doses should be added or removed, that vaccines should be combined differently, or that an alternative strategy produces better outcomes. If high-quality evidence demonstrates such a benefit, our medical organizations and physicians should be prepared to change established recommendations.

As physicians, our responsibility is to maintain an appropriate balance between healthy skepticism and scientific discipline. We should question accepted practices. We should investigate unexpected findings. We should encourage research that challenges prevailing assumptions. And we should be willing to change our recommendations when credible evidence demonstrates that change will improve patient outcomes. But we should also recognize that decades of accumulated evidence cannot appropriately be dismissed by a single observation, an untested hypothesis, or an appeal to intuition.

Question the practice. Formulate the hypothesis. Study it rigorously. Analyze the evidence. Reproduce the findings. Then change practice if the evidence warrants it. That is not simply a philosophy for evaluating vaccines. It is the foundation of evidence-based medicine and one of the reasons modern medicine has been able to advance so dramatically. Our obligation as physicians is not to defend medicine’s past or to embrace every new idea. It is to follow the evidence.

All the best,

Mark J. Adams, MD, MBA, FACR
MSSNY President

MLMIC Medical Professional Liability Insurance

MSSNY pulse advocacy
MSSNY Urges New York Congressional Delegation to Oppose Medicare’s Proposed 50% Cut to Same-Day Care (Modifier 25) for Medicare Patients
Day Care for Medicare Patients-Compassionate same-day care in a local clinic

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MSSNY is strongly urging physicians to contact their representatives and CMS members of the New York Congressional Delegation to oppose a proposed cut of 50% to Same-Day patient Care (Modifier 25) for provided by physicians, which could jeopardize patient access to necessary care and medical practice sustainability. The Centers for Medicare and Medicaid Services (CMS) has proposed the cut as part of the 2027 Medicare payment rule, which will compound financial pressures for medical practices, restrict physicians’ ability to address urgent health issues, and delay diagnoses. Of greatest concern is that it would lead to fragmented care for our most vulnerable patients.

Same-day care is the gold standard of patient-centered medicine. It enables all patients to get unexpected health issues evaluated during the same visit as other medical concerns, saving travel time, and avoiding delays in diagnosis. Existing Medicare valuation rules already adjust for shared overhead during same-day visits. Slashing payment by half penalizes efficient care and jeopardizes Medicare patients’ access to necessary, often life-saving treatments. However, unlike hospitals, physicians and independent practices do not receive an automatic annual inflation update under Medicare. Asking local practices to absorb a 50% cut on top of years of unaddressed operational inflation is completely unsustainable.

To learn more about the issue and to send a letter to your member of Congress and urge them to contact CMS leadership and tell them to withdraw this dangerous, proposed cut, please use this link: MSSNY Grassroots Action Center (GAC)

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Website and Digital Tool ADA Compliance: What Solo and Small Medical Practices Need to Know
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Patients today expect to schedule appointments online, access portal records, and fill out forms digitally. When those tools are not accessible to people with disabilities, a practice faces both a patient-care gap and a real litigation target. This piece walks through the basics of digital accessibility under the ADA and related federal law, with a focus on steps that solo and small physician practices can take now.

What Is Digital Accessibility?

Digital accessibility means building websites, portals, and online forms so that people with disabilities—visual, hearing, motor, cognitive, or otherwise—can actually use them. In practice, that means a patient using a screen reader can navigate appointment scheduling, a keyboard-only user can complete intake forms, and video content includes captions.

Why It Matters

The ADA predates the modern internet, but the legal landscape has caught up. Federal courts have repeatedly held that Title III of the ADA—which covers places of public accommodation, including private healthcare offices—extends to the websites and digital tools those businesses offer. The Department of Justice finalized a rule in April 2024 requiring state and local government websites to conform to WCAG 2.1 Level AA; while that rule applies under Title II rather than Title III, it reinforces DOJ’s position that web accessibility is an ADA obligation, and courts have already been applying similar expectations to private-sector healthcare providers. Beyond the ADA, physicians who accept Medicare or Medicaid should be aware that Section 1557 of the Affordable Care Act separately prohibits disability discrimination and may impose its own digital accessibility requirements.

There is also a practical side. An accessible website is usually a better website, period. Clear navigation, readable fonts, and properly labeled forms help every patient—not just those with disabilities—especially older adults and anyone trying to book an appointment on a phone.

Practical Steps for Small Practices

The good news is that a practice does not need to rebuild its website from scratch. A few targeted changes go a long way:

  • Ensure all images include descriptive alternative (alt) text.
  • Provide sufficient color contrast between text and background.
  • Make all website functions accessible by keyboard alone.
  • Add captions or transcripts to videos.
  • Use descriptive headings and labels for forms.
  • Ensure online appointment scheduling and patient forms work with assistive technologies.
  • Regularly test the website using automated accessibility tools and, when possible, manual reviews.

It is also worth asking website developers and patient-portal vendors directly whether their products meet WCAG standards—and getting that representation in writing.

Resources to Help

A number of free and low-cost resources can help practices get started:

Federal Guidance

  • ADA.gov – Guidance on Web Accessibility and the ADA
    Explains how the ADA applies to websites and provides practical guidance for businesses, including healthcare practices.
    ADA Web Accessibility Guidance

Accessibility Standards

Free Website Testing Tools

  • WAVE Web Accessibility Evaluation Tool
    Scan individual web pages for common accessibility issues and receive recommendations for improvement.
    WAVE Accessibility Tool
  • Accessibility Insights (Microsoft)
    Free browser extension and desktop application for accessibility testing.
    Accessibility Insights

Education and Training

  • WebAIM (Web Accessibility in Mind)
    Offers practical articles, checklists, training, and accessibility resources that are useful for practice administrators and web developers alike.
    WebAIM
  • Deque University
    Provides introductory accessibility courses, webinars, and professional training on digital accessibility.
    Deque University

Questions to Ask Your Website Vendor

If a practice uses a third-party website platform or patient portal, these questions are worth raising with the vendor:

  • Does the website conform to WCAG 2.2 Level AA?
  • Is accessibility tested regularly?
  • Are accessibility issues corrected as updates are made?
  • Can you provide an Accessibility Conformance Report (ACR) or a Voluntary Product Accessibility Template (VPAT)?

Documenting vendor responses to these questions can be valuable if a practice later needs to show it took reasonable steps toward compliance.

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Last Chance to Register for Tomorrow’s MSSNY’s Member-Exclusive MultiPlan Litigation Webinar
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A sweeping federal antitrust lawsuit is moving forward against MultiPlan, Inc. and several major insurers — including Aetna, Cigna, UnitedHealth, and Blue Cross Blue Shield — alleging that MultiPlan facilitated a price-fixing agreement that artificially suppressed out-of-network payment rates, costing providers billions of dollars.

MSSNY members, if you or your practice have received out-of-network payments processed through MultiPlan — also known as Data iSight, Viant, NCN, ProPricer, or MARS — register for this webinar to explore the litigation origins, key legal developments, and what affected providers should consider now to determine if they should join the litigation.

Webinar: Navigating the MultiPlan Litigation: What Practitioners and Facilities Need to Know

Date: Tomorrow, August 17
Time: 7:30 AM

Register Here.

This webinar is available exclusively to MSSNY members.

Physicians who are interested in attending but are not currently members are invited to contact MSSNY Member Resources at [email protected] or join MSSNY online.

Enhancing Observation, Communication and Stress Reduction: Now Offering 1:1 Sessions Using The Art of Seeing Method
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ArtMed inSight is currently offering a series of focused 1:1 Sessions that apply The Art of Seeing Method to support observation, communication, and stress reduction within your specific medical context. Using art-based techniques, we work directly with your real-world situations, such as decisions, challenges or recurring patterns, to examine how perception is shaping your outcomes and goals, while providing a set of tools that can be applied immediately to support effective solutions and meaningful change.

The Art of Seeing perceptual training has been offered at and research-validated by leading medical institutions. Only a few spots left. More info.

Study Raises Questions About Avocado Oil Claims in Processed Foods
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  • Key Point: Researchers evaluated oils extracted from 74 commercial chips, mayonnaise, and salad dressings labeled as containing avocado oil or olive oil.
  • Why it Matters: Avocado oil and olive oil are often promoted as premium ingredients, which may influence consumer perceptions of healthfulness and quality.
  • Major Finding: Avocado oil–labeled products were frequently inconsistent with authentic avocado oil: 93% of chips, 71% of mayonnaise, and 100% of salad dressings tested were classified as inconsistent.
  • Contrast: Olive oil–labeled products performed better, with 90% of chips and 100% of mayonnaise and salad dressings classified as consistent with authentic olive oil.

For New York physicians counseling patients who are trying to make healthier food choices, front-of-package claims can create real confusion. Many patients assume that products labeled as made with avocado oil or olive oil contain those oils as the primary fat source, especially when those ingredients are marketed as premium or healthier alternatives.

A new study from UC Davis, published in Applied Food Research, examined the authenticity of avocado oil and olive oil used as ingredients in commercially processed foods. Researchers analyzed oils extracted from 74 commercial chips, mayonnaise, and salad dressings labeled as containing avocado oil or olive oil and evaluated them using established fatty acid and sterol markers.

The findings were striking. Among avocado oil–labeled products, 93% of chip samples, 71% of mayonnaise samples, and 100% of salad dressing samples were classified as inconsistent with authentic avocado oil. In contrast, olive oil–labeled products showed substantially better consistency, with 90% of olive oil chips and 100% of olive oil mayonnaise and salad dressings classified as consistent with authentic olive oil.

The study also found that price alone was not a reliable indicator of authenticity. Products labeled with avocado oil or olive oil often carried a price premium over comparable vegetable oil products, but researchers concluded that consumers cannot rely on retail price alone to determine whether a product’s oil composition matches its label claims.

Importantly, the researchers noted that typical frying and emulsification did not substantially alter the oil authenticity markers, suggesting that the major compositional differences observed were unlikely to be explained by normal processing alone.

This study does not replace individualized nutrition guidance, and it does not evaluate every product on the market. However, it does reinforce the importance of transparency, labeling accuracy, and evidence-based consumer education. MSSNY will continue to share research that helps New York physicians stay informed about issues affecting patient health, nutrition choices, and public trust.

Authenticity of Avocado and Olive Oils Used as Ingredients in Commercially Processed Foods (Science Direct, Lopez-Alvarez, Li, Vizgordiski, Wang, 7/15).

MSSNY Committee for Physician Health

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New York Launches Overhaul Of Insurer Payment Dispute Resolution Process
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Politico Pro (8/13, Cordero) reported the New York Department of Financial Services has begun an “overhaul” of the state’s healthcare “payment dispute resolution process, a proposal that fueled a contentious fight between insurers” and physician organizations. The state budget included major changes “to reshape the obscure process used to settle health care payment disputes. The changes included excluding payment disputes involving Medicaid Managed Care plans, creating a new benchmark-based arbitration system for state employee health plans and barring certain claims from arbitration when a prior-authorization determination had identified the disputed service as out-of-network.” The article noted, “The Medical Society of the State of New York, which represents doctors, is in the process of drafting legislation to introduce next year that would reverse the changes.” MSSNY Executive Vice President Dr. Thomas Lee told Politico Pro in an interview, “I think we really ought to focus on patient-facing activities, and not value administrators or middlemen over the people that provide the actual care.” Politico Pro noted, “Lee said he is not giving up without a fight. He said he remains hopeful that the Legislature may reverse the changes next year, given that the issue was a sticking point in budget negotiations with both the Senate and Assembly opposing the proposal. In the end, Hochul managed to negotiate a deal on the matter in the final days of budget negotiations, but at the time many lawmakers lamented the inclusion of the overhaul.” Dr. Lee concluded, “We’re going to see a cascade of [physicians] not willing to take a call because you can’t get paid at all in the emergency setting, or in the hospital setting. We’re already seeing some of our physicians out there saying I can’t afford to do it anymore, so we’ll start to see more as the regulation and implementation goes forward.”

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Legal Risks Medical Students Should Know Before Training and Practice
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For medical students entering clinical training, the shift from classroom to patient care brings legal, ethical, and professional responsibilities that will follow them throughout their careers.

MSSNY’s webinar, Fundamental Legal Issues Medical Students Should Understand Before Training and Practice,” helps students identify key risks early. Topics include professionalism, patient privacy, HIPAA, social media use, licensing, disciplinary issues, and common pitfalls in training and early practice.

These issues matter because even small missteps can affect reputation, licensing, hospital privileges, and future job opportunities.

Featured speaker David N. Vozza, Esq., MSSNY General Counsel, will provide legal insights from his healthcare practice.  Register Now

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Before You Sign: What Physicians Need to Know About Employment Agreements
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For residents and early-career physicians, signing an employment contract is a major decision, but many have little training on how to review key terms like pay, workload, and restrictive clauses.

MSSNY’s webinar, Physician Employment Agreements: What to Know Before You Sign,” will help physicians understand and review contracts with more confidence. It will cover compensation, wRVU targets, contract length, termination terms, call schedules, restrictive covenants, and malpractice/tail coverage.

These details matter because contracts affect not just salary, but also schedule, job flexibility, and future career options.

The session will also share basic negotiation tips and how to evaluate offers using benchmarks and guidance.

Featured speaker David N. Vozza, Esq., MSSNY General Counsel, will provide legal insights from his healthcare practice. Register Now

What Physicians and Other Health Care Providers Need to Know
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The New York State Workers’ Compensation Board will continue its What Providers Need to Know webinar series on Tuesday, Aug. 18, from 12:00–1:00 p.m.

Medical Director Dr. James Tacci and the Board’s Medical Director’s Office will review Medical Fee Schedule updates, deposition process improvements, universal authorization legislation, and other changes affecting providers who treat injured workers

Get the latest on workers’ compensation policy, reimbursement, and practice workflow. Register Now

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Prevent Problems Before They Start
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Prepare for fall compliance updates. Norris McLaughlin’s healthcare law team ensures MSSNY members stay audit-ready.

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