December 8, 2023

NEW Advocacy Alert
Urge Your Representative to Help Prevent Medicare Payment Cuts  

Yesterday, a new bill was introduced to stop the entire 3.4% cut to Medicare physician reimbursements scheduled to go into effect on January 1, 2024. Sponsored by Reps. Greg Murphy, MD (R-NC), Danny Davis (D-IL), Brad Wenstrup, DPM (R-OH), Jimmy Panetta (D-CA), Larry Bucshon, MD (R-IN), and Michael Burgess, MD (R-TX), the bipartisan “Preserving Seniors’ Access to Physicians Act of 2023" represents a critical opportunity to fully eliminate these harmful cuts. 

As ACEP continues to work with Congress to identify policy solutions that will provide long-term stability for Medicare beneficiaries and the physicians who provide their health care, Congress needs to hear directly from you as an emergency physician on the front lines of our health care system that the scheduled cut must be stopped. Urge your U.S. Representative to cosponsor H.R. 6683, the “Preserving Seniors’ Access to Physicians Act of 2023.”

NEMPAC News

Increase Your Advocacy Impact

In addition to your grassroots advocacy, the National Emergency Medicine Political Action Committee (NEMPAC) is an important advocacy tool that helps us keep emergency medicine’s priorities front and center with legislators. By supporting NEMPAC, you join with your ACEP colleagues to help educate and elect federal candidates who will work with the specialty and protect our patients.

Donate today to help make emergency medicine’s voice stronger! Log in with your ACEP ID: [CONTACT: contact id].

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 NEMPAC. 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:
-Angela Gardner, MD, FACEP in Texas with Senators Angus King (D-ME) and Maria Cantwell (D-WA)
-Christopher Kang, MD, FACEP and Tony Cirillo, MD, FACEP in Nevada with Rep. Jason Smith (R-MO), Chair of the House Ways and Means Committee
-Donald Lum, MD, FACEP in Minnesota with Rep. Angie Craig (D-MN). 

Angela Gardner, MD, FACEP with Senator Angus King (D-ME) 

ACEP on the Hill
Energy & Commerce Marks Up Physician Payment Stability Legislation

This week, the House Committee on Energy and Commerce held a legislative markup of 44 bills, including the “Physician Fee Schedule Update and Improvements Act," legislation to stabilize the Medicare physician payment system by reforming "budget neutrality" policies and provide an additional 1.25% positive adjustment to the conversion factor. The legislation drew heavily from the ACEP-supported “Provider Reimbursement Stability Act of 2023" that the health subcommittee previously marked up. Key provisions of the updated bill include:

-updating the budget neutrality threshold from $20 million to $53 million, with an adjustment every five years based on the cumulative increase in the Medicare Economic Index (MEI);
-extending incentive payments for eligible Medicare alternative payment models for an additional year;
-providing an additional 1.25% positive adjustment to the conversion factor.

The additional conversion factor relief of 1.25% matches the Senate Finance Committee’s recent efforts to provide at least partial relief from the impending 3.4% Medicare cuts. ACEP, along with a large physician and non-physician provider coalition, continues to advocate strongly to stabilize the Medicare physician payment system, establish inflationary updates to the physician fee schedule, and to stop the full cuts set to go into effect on January 1, 2024. You can help by contacting Congress today!

Senate Finance Committee Examines Drug Shortages

On Tuesday, the Senate Committee on Finance held a hearing entitled, “Drug Shortages: Examining Supply Challenges, Impacts, and Policy Solutions from a Federal Health Program Perspective.” The hearing focused on causes and impacts of drug shortages, particularly for essential medications, and discussed potential policy solutions to create a more stable and redundant supply chain for drugs.

ACEP submitted a statement for the record to continue to raise Congressional awareness of the impact of drug shortages on emergency medicine and patients in need of lifesaving emergency care. The statement highlighted ongoing challenges with shortages of essential emergency medications, how shortages affect the ability of emergency physicians to provide optimal patient care, and potential solutions that could help ensure greater redundancy and resiliency in the drug supply chain, especially for generic sterile injectables.

ACEP Advocacy Leaders Program

ACEP's Advocacy Leaders Program supports 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.

Regulatory Update

HHS, FTC, & DOJ Announce Partnership to Promote Competition in Health Care

Yesterday, the Department of Health and Human Services (HHS), with the Federal Trade Commission (FTC) and Department of Justice (DOJ), announced a partnership on new initiatives to lower health care costs, which include a forthcoming joint Request for Information (RFI) to “seek input on how private-equity and other corporations’ control of health care is impacting Americans.”  The agencies highlighted their recent actions to “promote competition to lower health care costs for families and taxpayers and improve the quality and availability of health care for patients,” including:
-HHS plans to continue to increase ownership transparency by: (1) releasing ownership data on Federally Qualified Health Centers and Rural Health Clinics and (2) enhancing work on Medicare Advantage (MA) transparency.
-The FTC will appoint a Counsel for Health Care to lead interagency and policy efforts on health care competition; and will share data with DOJ and HHS to “identify potentially anticompetitive transactions that might otherwise evade review.”
-DOJ will increase its work with HHS to obtain data to “help identify mergers and acquisitions in health care markets that might otherwise evade review;” and will “appoint a Counsel for Health Care to lead interagency and policy efforts on health care competition, in addition to assisting with the Division’s enforcement work.”

ACEP has previously commented on FTC and DOJ rules around mergers and acquisitions and competition, and we plan to comment on the RFI when it is released.

State Updates

Michigan Governor Signs into Law Increased Penalties for Assaults on ED Workers & Volunteers

Michigan Governor Gretchen Whitmer signed into law House Bill 4520 and House Bill 4521, increasing penalties for assaults on health professionals and volunteers in emergency departments. For many years, Michigan ACEP has advocated for healthcare workers to have similar protections from violence as other first responders. The legislation increases criminal monetary penalties as well as requiring hospitals to post signage notifying patients.

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:

Leadership & Advocacy Conference
Save the Date! April 14-16

Come together for ACEP's Leadership & Advocacy Conference (LAC), April 14-16 in Washington, DC, to celebrate emergency medicine’s accomplishments and advocate in person for your specialty and your patients.

Copyright © 2023 American College of Emergency Physicians. All rights reserved.

ACEP Advocacy | 901 New York Ave NW Suite 515E | Washington, DC 20001

Contributions or gifts to NEMPAC are voluntary and are not tax deductible for federal income tax purposes. The amount given or refusal to donate will not benefit or disadvantage you. By law, we may only use your contribution to support federal candidates if your contribution is made using a personal credit card or personal check. We are required to provide your employer name, your occupation, and to obtain an original signature of the ACEP member if contributing by credit card. NEMPAC encourages personal contributions. All non-personal contributions to NEMPAC will be used to defray costs of educational programs for NEMPAC and other activities permissible under federal law.