01/01/2016

Ohio ACEP to Lawmakers: Support EMTALA Bill

In a letter to US legislators, Chapter urged support for limited liability

On March 9, Ohio ACEP sent a letter to Ohio's Congressional delegation, encouraging them to support federal legislation—the “Health Care Safety Net Act of 2015”—to provide limited liability protection for physicians and other healthcare providers treating patients in need of emergency care.

In the letter, Ohio ACEP pointed out that emergency physicians provide care in a unique environment and work under the federal law EMTALA (Emergency Medical Treatment and Labor Act), which mandates emergency department physicians provide treatment to anyone needing emergency care, regardless of their ability to pay.

Under these unique circumstances, emergency physicians regularly treat patients for whom they have little, if any, medical history. Because of this and the fact that EM physicians treat severely ill and injured patients who are at greatest risk of dying, emergency physicians expose themselves to costly, time-consuming litigation just by doing their jobs.

Emergency departments are already strained beyond capacity around the nation, and the Health Care Safety Net Act will enhance access to emergency care by ensuring emergency physicians and on-call specialists are able to continue their lifesaving work.

So far, the bill has gained 94 co-sponsors, including Ohio Congressmen Dave Joyce(R-OH-14), Bill Johnson (R-OH-6), Robert Latta (R-OH-5), Patrick Tiberi (R-OH-12), Steve Stivers (R-OH-15), and Brad Wenstrup (R-OH-2).

The full text of the letter to Ohio’s congressional delegation is below:

"The Ohio Chapter of the American College of Emergency Physicians (Ohio ACEP) is pleased to support federal legislation introduced by Representative Charlie Dent (R-PA). H.R. 836, the "Health Care Safety Net Enhancement Act of 2015”, proposes amending statute to provide limited liability protection for all physicians and other health care providers treating patients in need of emergency care.

Emergency physicians and on-call specialists provide emergency medical care in a unique environment with specific challenges. They care for patients under the federal law EMTALA (Emergency Medical Treatment and Labor Act). EMTALA was enacted in 1986, and it requires hospital emergency departments and their physicians to provide a medical screening exam for all patients, regardless of their insurance status or ability to pay. If a patient has an emergency medical condition, then treatment must be provided, or the patient must be transferred to a facility that can provide the necessary treatment.

The purpose of this bill is to improve every patient’s access to the highest quality emergency care. This bill will help patients in the State of Ohio by encouraging specialists to treat emergency patients and providing appropriately limited liability for these dedicated medical providers who provide emergency care under EMTALA requirements.

On behalf of the Ohio ACEP membership, we respectfully request that you consider co-sponsorship of this important legislation.

The nation’s emergency departments and emergency physicians are the most visible and vital components of the health care safety net. Emergency departments care for the most severely ill and injured patients who are at greatest risk of dying. Emergency physicians very often are working with little or no knowledge of the patient's history.

In addition, without liability protections, emergency physicians are more likely to order additional tests, procedures, and specialist consultations, because the consequences of a misdiagnosis could lead to costly, time-consuming litigation.

Emergency departments are the health care safety net for us all, an essential community service that cannot be taken for granted and one that we all depend on in our hour of need. And yet, emergency departments are already operating at or over capacity, and on-call specialists are already not as available as needed.

The protection offered to physicians in this legislation truly is limited, as the protections cease once patients are determined not to have emergency medical conditions or the emergency conditions are stabilized. The legislation will extend the same legal protections to emergency physicians that Congress has already extended to employees of community health centers and employees and volunteers at free clinics.

Dr. Alex Rosenau, immediate past president of the American College of Emergency Physicians (ACEP), said it best: "Many physicians will not treat emergency patients because of additional liability exposure, and we believe this bill will encourage many specialists to take call in the emergency department. This legislation will help make sure that emergency physicians and on-call specialists continue their lifesaving work and ensure the availability of emergency medical care."

Please join Congressman Dent, along with Ohio’s Congressmen Dave Joyce and Bill Johnson, in co-sponsoring and supporting the Health Care Safety Net Enhancement Act of 2015."

As developments continue in 2016, Ohio ACEP will keep our members updated on H.R. 836.