September 22, 2023

Advocacy Alert
Urge Congress to Prioritize Workplace Violence Prevention

ACEP has highlighted the issue of violence against emergency physicians and health care workers for several years, in our ongoing “No Silence on ED Violence” campaign and as a priority issue during the 2023 Leadership & Advocacy Conference.

The bipartisan “Safety from Violence for Healthcare Employees (SAVE) Act” takes critical steps to address emergency department violence by establishing legal penalties for individuals who knowingly and intentionally assault or intimidate health care workers. This legislation is modeled after protections that currently exist for aircraft and airport workers, whose exposure to violence and assault from unruly passengers has been extensively and publicly documented in recent years.

Click below to tell Congress to swiftly consider this bill to help protect emergency physicians and our colleagues in the emergency department. 

ACEP on the Hill
ACEP Member Calls Out Insurer Abuses During Hearing on Flawed NSA Implementation

On Tuesday, ACEP member Seth Bleier, MD, FACEP,  Vice President of Finance for Wake Emergency Physicians, PA (WEPPA) in North Carolina, testified during a public hearing of the House Ways and Means Committee to call out insurers and advocate for fixes to the severely flawed implementation of the No Surprises Act (NSA).

Seth Bleier, MD, FACEP testified during a House Ways and Means Committee hearing.

ACEP secured this opportunity for Dr. Bleier to testify so that lawmakers could hear directly from our members about the urgent need to address the backlog of independent dispute resolution (IDR) claims, stop flagrant insurer abuses of the process, and ensure that the law is implemented consistent with Congressional intent. Dr. Bleier raised concerns that the IDR process has been virtually inaccessible for smaller practices and called out cases where physician reimbursement was significantly cut, or payers are simply not paying at all. Following a string of legal victories for emergency physicians, the IDR process is suspended until the rules are updated in line with the court decisions. ACEP is calling for the IDR process to be re-opened immediately to avoid further delays. Our work is far from done, and we will seize every opportunity to use our platform to protect and empower each of you.

House VA Subcommittee Holds Hearing on VA Scope of Practice 
On Tuesday, the House Veterans Affairs (VA) Subcommittee on Health and Oversight held a hearing entitled “VA’s Federal Supremacy initiative: Putting Veterans First” to provide a platform for experts and stakeholders to address the critical issue of health care workforce shortages affecting veterans and explored the impact of expanded scope of practice for non-physician providers caring for veterans. The hearing examined disparities in training, quality of care, and costs between physician and non-physician-led care, while recognizing the important contributions of non-physician clinicians in the care setting.

Physician witnesses underscored the importance of the physician-led, team-based care model in terms of preventing overprescribing, overutilization of diagnostic imaging or other services, and overall increased costs to the system. ACEP continues to advocate for the physician-led, team-based care gold standard, including providing testimony last week during a Department of Veterans Affairs listening session on the VA’s National Scope of Practice Standards initiative about the unique needs of physician-led care in emergency medicine.

Regulatory Update
ACEP and FTC Working to Protect Your Career

On Monday, ACEP submitted our comment letter to the Federal Trade Commission (FTC) and Department of Justice's proposed updates to the guidelines used to assess health care mergers. Our comments largely followed our response to their request for information last year on this issue, where we collected and wove in stories from ACEP members on the impact consolidation has had on your livelihood as emergency physicians. 

Over the past year, the FTC has focused its work on issues important to emergency physicians, including recent efforts to address health care consolidation and a proposed rule to put an end to non-competes (that ACEP supported). In just a couple of weeks, special guest Lina M. Khan, FTC Chair, will join us during the ACEP23 Closing General Session to share the agency’s perspective on its work and how it could help protect emergency physicians. There's still time to grab your seat: use our IRL23 promo code to save $100 on ACEP23 registration.

NEMPAC News
ACEP Members Advocating through NEMPAC 

ACEP Advocacy Leaders and NEMPAC supporters often have opportunities in their communities to educate legislators and advocate for the concerns of emergency physicians and patients through the National Emergency Medicine Political Action Committee (NEMPAC), sponsored by ACEP. NEMPAC pools voluntary contributions from ACEP members to support candidates for the U.S. Senate and House of Representatives.

Recently, ACEP Advocacy Leaders and NEMPAC VIP donors attended local events including:

• NEMPAC Chair Peter Jacoby, MD, FACEP in Waterbury, CT for Rep. Jahana Hayes (D-CT), whose special guest was House Minority Leader Hakeem Jeffries (D-NY).
• ACEP Past President Angela Gardner, MD, FACEP in Dallas with Sens. Tim Kaine (D-VA), Martin Heinrich (D-NM) and Bob Casey (D-PA).
• Steven Kailes, MD, FACEP in Fernandina Beach, FL with Rep. Aaron Bean (R-FL).

Peter Jacoby, MD, FACEP and Rep. Jahana Hayes (D-CT); Sen. Tim Kaine (D-VA), Dr. Brian Williams, candidate for TX-32, and Angela Gardner, MD, FACEP; Steven Kailes, MD, FACEP and Rep. Aaron Bean (R-FL)

NEMPAC at ACEP23 in Philadelphia

NEMPAC VIP Donor Reception (by invitation only)
Sunday, October 8 from 6:00 - 8:00pm
The Liberty View at Independence Visitor Center
NEMPAC donors at the Sterling level or above ($600 for attendings/$60 for residents/fellows/medical students annually) are invited to celebrate NEMPAC’s success while mingling with other VIP donors and NEMPAC and ACEP leaders.

NEMPAC “Give-A-Shift” Donor Lounge (by invitation only)
Monday, October 9 – Wednesday, October 11, 8:00am – 4:00pm Philadelphia Convention Center
NEMPAC donors at the “Give-a-Shift” level or above ($1,200 for attendings, $120 for residents, $365 for Transitioning and Retired Members) are invited to visit and enjoy this private lounge with complimentary beverages, hot buffet lunch, snacks, head and neck massage appointments, and business center amenities. 

Contribute to NEMPAC and secure your invitation. Donors who are currently eligible will receive an invitation via email. Questions about your donation status? Email us.

911 Network Advocacy Leaders Program

ACEP recently launched the Advocacy Leaders Program to support emergency physicians interested in taking their engagement and advocacy with federal legislators and staff to the next level. If you are interested in joining or already have a relationship with a federal legislator, complete this short form to receive more information. 

Thank you to Dr. Valerie Norton for hosting an Emergency Department visit for Sen. Alex Padilla’s (D-CA) staff this week! If you are interested in hosting your legislator for an ED visit, contact us.

State Update
ACEP Signs on to Letter Urging TX Governor to Defend Physician-led Anesthesia Care

The Texas Society of Anesthesiologists, along with ACEP and other medical and specialty organizations, sent a letter to the Texas Governor asking to retain the physician supervision for anesthesia care provided by certified registered nurse anesthetists (CRNA) that is required by Medicare and currently followed by most states. A decision to fully remove or comprehensively “opt-out” of the supervision requirement would not be in the best interest of Texas residents as it would jeopardize patient safety, does not present significant cost savings, and ignores patients’ overwhelming preference for a physician to be responsible for their care.

ACEP signed on to similar letters in Colorado and Utah earlier this year. Texas is the latest state to attempt to expand scope of practice by opting out of requirements for physician supervision of advanced practice providers.

State Legislation Tracked by ACEP

To share legislative activity happening in your state, contact Adam Krushinskie. Check out the state legislation that is currently identified and being tracked by ACEP:

• Scope of Practice
• Violence Against Healthcare Workers
• ED Boarding and Crowding
• Private Payer/Insurance
• Nurse Staffing Ratios
• All Other Bills