We still need your help urging your legislators to co-sponsor and support two critical pieces of legislation: the "Dr. Lorna Breen Health Care Provider Protection Act" (S. 610/H.R. 1667) and the "Workplace Violence Prevention Act for Health Care and Social Service Workers" (H.R. 1195). 

Please visit the ACEP Advocacy Action Center to take action on both alerts!

Today, the U.S. House of Representatives passed a bill, H.R. 1868, which would exclude the budgetary effects of the American Rescue Plan Act from statutory "Pay-As-You-Go" (PAYGO) requirements that otherwise would trigger across-the-board cuts to numerous direct spending programs, including a -4% cut to Medicare physician reimbursements that would take effect next year. In addition, it includes a nine-month extension of the -2% Medicare sequestration moratorium currently set to expire at the end of the month. The vote was 246 to 175. However, it may prove challenging for the U.S. Senate to garner the 60 votes necessary for the chamber to consider the legislation.

On March 17, the U.S. House of Representatives approved the reauthorization of the Violence Against Women Act (VAWA), H.R. 1620, by a vote of 244 to 172. The bill would expand victims' services and reauthorize grant programs for the criminal justice response to domestic and sexual violence; expand housing options for survivors; end immunity for non-Native perpetrators of sexual violence on tribal lands; prevent spouses, dating partners, and stalkers convicted of domestic violence or abuse from purchasing and owning firearms; and expand protections for LGBTQ and undocumented immigrant victims.

VAWA expired two years ago and its fate in the U.S. Senate is uncertain. In addition to H.R. 1620, Sen. Joni Ernst (R-IA) is expected to introduce her own version of VAWA.

On March 18, the U.S. Senate confirmed California Attorney General Xavier Becerra as Secretary of the U.S. Department of Health and Human Services (HHS). The vote was 50-49, with Senator Susan Collins (R-ME) the only Republican to vote in favor of Becerra's confirmation, and thus not requiring Vice President Kamala Harris to be present to break a potential tie. Sen. Mazie Hirono (D-HI) was not present for the vote.

Becerra's confirmation was the narrowest vote margin for any of President Biden's nominees so far. Senate Republicans lined up in opposition to Becerra, citing concerns over his lack of experience in the health care sector, accusations of partisanship, as well as his policy views on immigration and abortion.

Once sworn in, Secretary Becerra is expected to continue the Biden Administration's push to improve the COVID-19 response and vaccination rollout, address concerns related to health insurance coverage and Affordable Care Act provisions, and examine telehealth and patient privacy concerns, among other priorities. ACEP is currently working to develop new lines of communication with Secretary Becerra and other new leadership at HHS to advance emergency medicine priorities.

Did you know you can look up your elected officials at ACEP's Advocacy Action Center? Our new system allows you to check who your elected officials are at the federal and state level and communicate with them at any time. You can even send a personalized message through the platform! Simply visit the ACEP Advocacy Action Center, go to "Find Officials" on the right, and type in your zip code. You will find their contact information, what committees they sit on, background, and links to their websites and social media. Follow them to see what they are working on and stay in touch.

Next week we will cover more about engaging your legislators on social media so stay tuned...

Every March, the Medicare Payment Advisory Commission (MedPAC) releases a comprehensive report to Congress outlining its recommendations for updating Medicare payments-and earlier this week, MedPAC issued its 2021 report. MedPAC is a commission funded by U.S. taxpayers whose purpose is to provide recommendations to Congress and the Centers for Medicare & Medicaid Services (CMS) about how to improve the Medicare Program.

It is important to emphasize that MedPAC's recommendations are NOT BINDING. In other words, Congress and CMS can choose to accept them, adopt pieces of them, or ignore them completely. Like in past years, the 2021 annual report includes recommendations that vary in terms of their likelihood of being adopted. Furthermore, there are some recommendations that we at ACEP agree with, while others that we strongly oppose.

Read the Regs & Eggs blog to find out more about what's in MedPAC's annual report and which recommendations ACEP agrees with and which we don't. 

On Monday, CMS increased the Medicare payment rate for the administration of the COVID-19 vaccine. The rate for physicians, hospitals, pharmacies, and many other immunizers will be $40 to administer each dose. This represents an increase from approximately $28 to $40 for the administration of single-dose vaccines and an increase from approximately $45 to $80 for the administration of COVID-19 vaccines requiring two doses. The exact payment rate for the administration of each dose of a COVID-19 vaccine will depend on the type of entity that furnishes the service and will be geographically adjusted based on where the service is delivered.

For more information about this policy change, please click here.

Last Friday, March 12, CMS announced the final list of participants approved to take part in CMS' Emergency Triage, Treat, and Transportation (ET3) Model. The list includes 184 public and private ambulance providers and suppliers representing 36 states. CMS is also issuing a Notice of Funding Opportunity of up to $34 million over two years for local and state governments to expand emergency and non-emergency medical triage services in locations of model participants. 

As background, the ET3 model is a voluntary payment model that allows Medicare to pay ambulance providers for taking beneficiaries to alternative destinations beyond the emergency department (such as urgent care centers and primary care clinics). It also would reimburse for treatments provided in place by a qualified health care practitioner (physician, NP, or PA) either in-person on the scene of the 911 emergency response or via telehealth. The model officially started at the beginning of the year. 

Last Thursday, March 11, the Department of Health and Human Services (HHS) issued the seventh amendment to the "Declaration Under the Public Readiness and Emergency Preparedness (PREP) Act for Medical Countermeasures Against COVID-19". To expand the number of individuals who can administer vaccinations across the country, the amendment adds additional categories of qualified persons authorized to prescribe, dispense, and administer covered countermeasures (such as vaccines)- including dentists, emergency medical technicians, and optometrists, among others. The PREP Act permits HHS to provide liability immunity to certain individuals and entities against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures, except for claims involving willful misconduct.