May 24, 2024

Advocacy Alert
Urge Congress to Support ACEP-Developed Due Process Bill

The ““Physician and Patient Safety Act” (H.R. 8325/S. 4278), an ACEP-developed bill to protect emergency physicians' due process rights, was introduced in the U.S. Senate and House of Representatives earlier this month. The bill is led by Senators Roger Marshall, MD (R-KS) and Elizabeth Warren (D-MA) and by Representatives Raul Ruiz, MD (D-CA), John Joyce, MD (R-PA), Greg Murphy, MD (R-NC), and Katie Porter (D-CA). ACEP helped develop this legislation when it was originally introduced in the 116th Congress, and this marks the first time there has been bicameral/bipartisan introduction of the legislation. Protecting your due process rights was one of the key priorities of ACEP's Leadership and Advocacy Conference last month.

Now that the bill has been introduced, legislators need to hear from you about why it needs to be a priority in this congress!

The bill requires the Secretary of Health and Human Services to issue regulations to ensure that any physician who has been granted medical staff privileges at a hospital has a fair hearing and appellate review through appropriate medical staff mechanisms before any termination, restriction, or reduction of professional activity.

Contact your legislators to sign on to this important legislation to ensure emergency physicians can fully advocate for patients without fear of retaliation or retribution from hospitals or employers.

ACEP on the Hill
 

Senate HELP Committee Advances Dr. Lorna Breen Act Reauthorization and other ACEP Priorities

On Thursday, the Senate Health, Education, Labor & Pensions (HELP) Committee held a legislative markup of several bills, including the “Dr. Lorna Breen Health Care Provider Protection Reauthorization Act” (S. 3679), legislation to reauthorize the ACEP-developed law that improves access to mental health care services and supports for physicians and other health care providers. 

ACEP led a coalition letter signed by 63 health care organizations supporting reauthorization of the Breen law and during the markup, the letter was submitted into the congressional record by the bill’s sponsor, Sen. Tim Kaine (D-VA). The bill passed the committee in a strong bipartisan 19-2 vote, with only Sens. Rand Paul (R-KY) and Mike Braun (R-IN) voting in opposition. ACEP submitted an individual statement for the record in support of S. 3679, as well as two of the other bills considered during the markup, including The Emergency Medical Services for Children Reauthorization Act of 2024 (S.3765) and reauthorization of the nation’s poison control centers (S.4351). 

The EMSC legislation also advanced in an identical 19-2 vote to the Breen legislation, while the poison control centers reauthorization bill advanced in an unanimous vote. 

The bills now await further consideration before the full Senate. ACEP continues working closely with congressional leadership and legislative champions to secure enactment of these ACEP priorities.

House Budget Committee Examines Health Care Consolidation

On Thursday, the House Budget Committee held a hearing entitled, “Breaking Up Health Care Monopolies: Examining the Budgetary Effects of Health Care Consolidation.” The discussion focused on the impact of consolidation on patient care, declining Medicare reimbursement rates, pharmacy benefit manager (PBM) reform, and the growing influence of insurance companies over health care providers. 

House Budget Committee Chairman Jodey Arrington (R-TX) and Ranking Member Brendan Boyle (D-PA) emphasized the importance of addressing rising health care costs and the financial instability caused by consolidation, noting that consolidation has increased prices and limited patient choices, with significant impacts on federal health care spending. 

ACEP submitted a statement for the record detailing how health care consolidation has affected emergency medicine in terms of wages, workload, job availability, due process rights, and other issues. The statement also noted how these trends reduce physician autonomy and contribute to burnout, as well as how growing consolidation further erodes physicians’ ability to negotiate fair contracts with insurance companies that dominate many markets. 

ACEP continues to advocate for policies that ensure emergency physicians can practice in positive environments where patient care is prioritized, and continues working with legislators and regulators to identify solutions to address the impacts of consolidation on our health care system.

Ways and Means Examines the Collapse of Private Practice

Also on Thursday, the House Ways and Means Subcommittee on Health held a hearing, entitled “The Collapse of Private Practice: Examining the Challenges Facing Independent Medicine.” The subcommittee heard from several different physicians about the many challenges facing independent physician practices, including how increased consolidation in the health care system, as well as the involvement of private equity, threatens the ability of many physician specialties to remain independent. 

During the hearing, both witnesses and subcommittee members raised the issue of declining Medicare payment rates, increasing operational costs, and regulatory and administrative burdens such as prior authorization. There was also discussion of how the Merit-based Incentive Payment System (MIPS) has increased the regulatory burden on practices without advancing patient care or serving as a reliable measure of quality.

 ACEP continues to work with the Ways and Means Committee on the challenges affecting emergency medicine and the health care system more broadly.

NEMPAC
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 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! 

ACEP Votes
Are you Ready to Vote in Your State's Primary?

Are you registered to vote at your current address? Have you confirmed your current polling location and voting requirements in your state? ACEP can help: visit our Election Center for voter resources and to see the list of candidates in your area. Primary elections are happening on June 4 in DC, IA, MT, NJ, NM and SD.

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.

State Update
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:

Copyright © 2024 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.