The Federal Trade Commission (FTC) has proposed to ban non-compete clauses in all employment contracts. Should this policy be finalized, it could impact many of you as emergency physicians. The ban as currently proposed would also apply retroactively, so it would affect existing contracts containing non-compete clauses, as well as new ones moving forward.

The FTC is asking for public comments on the proposed ban, and as part of ACEP’s response we would like to provide examples of how non-compete clauses have affected contracts between emergency physicians and employers to help inform the government’s final policy.

Fill out this questionnaire to anonymously share your experiences with non-compete clauses. If you have encountered and were impacted by a non-compete clause (whether positively or negatively), or if you have overarching thoughts about non-compete clauses in emergency medicine, we ask that you share your perspective to ensure a strong emergency physician response to the FTC.

Come together for ACEP's Leadership & Advocacy Conference (LAC), April 30 – May 2, 2023 in Washington, DC, to celebrate emergency medicine’s accomplishments and advocate in person for your specialty and your patients.

We’ll tackle problems facing EM such as the current boarding crisis, develop tools to advocate at all levels, and build relationships with policymakers and fellow advocates. Experienced participants will build upon their already-valuable connections, while first-time attendees will be trained on effective ways to educate your Members of Congress.

Programming this year will also bring a new focus on how you can advocate for yourself at the state and local levels and within the workplace environment to improve your livelihood. All while enjoying opportunities to network and catch up with your emergency physician colleagues.

ACEP has launched a new 911 Network Advocacy Leaders program for emergency physicians interested in taking their engagement and advocacy with federal legislators and staff to the next level. Check out our webinar recording to hear more about the program, preview ACEP’s advocacy priorities for the 118th Congress, and learn about early opportunities to engage with your legislators back home, along with a sneak peek at additional advocacy opportunities planned for the year. 

Fill out this form to sign up for the program and receive information on next steps!

On Thursday, ACEP and the Emergency Department Practice Management Association (EDPMA) submitted a letter to the U.S. Departments of Health and Human Services (HHS), Labor, and Treasury (the Departments) in direct response to a meeting we participated in on January 5, 2023, where we discussed issues related to the federal dispute resolution process under the No Surprises Act.

The January 5 meeting included stakeholders from the across the physician, hospital, payor, and employer communities. We were asked to provide the Departments with an overview of the unique facets of emergency care and billing and how they influence the type of information that emergency medicine practices receive after an emergency department visit. We also wanted to provide additional, specific recommendations on how each phase of the dispute resolution process can be improved (from the time when physicians receive an initial payment for an out-of-network service, to the Open Negotiations period, to the independent dispute resolution process, and beyond).  

The letter includes both the overview of emergency medicine billing processes and our additional recommendations. 

Congress has decided, through the passage of the Consolidated Appropriations Act, 2023, to extend many of the telehealth flexibilities you as emergency physicians have come to rely on over the past three years through the end of 2024. While this is great news, Congress didn’t address everything. The Centers for Medicare & Medicaid Services (CMS) still needs to follow suit and extend the availability of the codes that are temporarily on the Medicare Telehealth Services List to align with this new timeframe.

To urge CMS to take action, we have written a sign-on letter requesting that CMS release an interim final reg as soon as possible to finalize the extension. This is extremely important, as without CMS action, many Medicare beneficiaries who have been dependent on receiving care virtually would have trouble finding suitable alternatives to meet their needs.

Read the Regs and Eggs blog post to find out more about the sign-on letter and how your organization can sign on!

On Wednesday, the Department of Health and Human Services Office of Inspector General (OIG) released a report entitled, “ASPR Could Improve Its Oversight of the Hospital Preparedness Program To Ensure That Crisis Standards of Care Comply With Federal Nondiscrimination Laws.” The OIG found that the Administration for Strategic Preparedness and Response (ASPR) could “take additional steps” to promote adoption of nondiscriminatory Crisis Standards of Care (CSCs) in the Hospital Preparedness Program. The OIG warned that “CSCs that do not comply with Federal nondiscrimination laws increase the risk that individuals could be denied access to lifesaving care during a public health emergency.”

The OIG recommends that ASPR update current cooperative agreements for program participants, such as encouraging funded entities “to engage with advocacy groups in decision making related to crisis care planning.” ASPR accepted the OIG recommendation. According to the OIG report, the agency has made changes, informing the OIG “that the action it has taken to update the HPP cooperative agreement addresses the recommendation and that no further action is necessary.”

Physician-led Care:

• Indiana HB 1199, requires a hospital with an emergency department to have a physician onsite and on duty who is primarily responsible for the emergency department at all times the department is open. The bill is a priority of Indiana ACEP.

Health Care Violence Prevention:

• Wyoming HB 149, defines battery of health care worker. Penalty: 1st offense up to six months and $1,000, 2nd offense up to 3 years and $1,000. Requires facility to post a sign, and develop a prevention plan with training, a system for investigating incidents, an annual assessment, and includes a requirement to report incidences to local law enforcement and state department. Includes employee protection for reporting incidents.
• Massachusetts SD 982/HD 1835/SD 580, requiring health care employers to develop and implement programs to prevent workplace violence including conducting risk assessments, employee protections for reporting incidents, and establishes a penalty against an employer that violates any rule, regulation or requirement of the law.
• Montana LC 906 – bill in drafting process to revise labor laws relating to violence against healthcare workers.

Insurance Bad Practice:

• Oklahoma HB 1398, makes it illegal for insurers to engage in a pattern of PLP denials.

Scope of Practice:

• Idaho HB 3, removes direct supervision of Physician Assistants.
• Oklahoma SB 458, removes supervision after 2,000 hours of practice for Certified Nurse Practitioner and Clinical Nurse Specialist.

Click here to view the full list of bills currently identified and being tracked by ACEP. For more information or to share legislative activity happening in your state, contact Christopher Johnson.