03/18/2013

President's Message

On behalf of Ohio ACEP’s Board of Directors and staff, we hope you had a wonderful St. Patrick’s Day. On the day we celebrate all things Irish, I sometimes think about the creature of Irish legend, the leprechaun who, if caught by a human, will grant his captor three wishes.

Unfortunately for me, yet another St. Patrick’s Day has come and gone without sighting a leprechaun, much less catching one. So I guess my three “go-to” wishes will have to wait. I’ll leave two of my wishes for you to guess, but here’s the third: limited liability protection for people providing EMTALA-mandated care and increased access for patients receiving that care.

Sure, it’s nothing extravagant or magical, but it’s something for which we emergency physicians have fought for years. It simply doesn’t make sense that anyone—emergency physician, OB/GYN, hand surgeon or other medical professional—would have to shoulder the burden of liability while providing a federally mandated service that is not specifically funded. Aside from lacking in common sense, it will eventually harm our patients as more and more doctors, especially on call specialists, will opt out of providing emergency care. It's important to understand that while doctors win the majority of liability cases, the cost of initiating the suits as well as "defensive medicine" for fear of being sued drives up costs.

This is why Ohio ACEP has undertaken a long-term legislative initiative to achieve limited liability protection for anyone providing care under EMTALA. In 2009, we drafted legislation—Senate Bill 86—that would grant qualified civil immunity to physicians providing professional emergency care in compliance with EMTALA. SB 86 cleared the Senate only to stall in the House of Representatives.

I know the legislative process, with its fits and starts, can be frustrating. We knew when we started on this legislation that it would be a long-term initiative and that we would face stiff opposition from special interests determined to stop the bill. But we are determined to see this important reform through. Though the bill didn’t pass in the 128th General Assembly, its provisions were combined into a new bill in the 129th, and we’re working on another strong piece of legislation for this legislative session.

When it comes to achieving an important policy initiative, you don’t need a mythical creature or three wishes. What you need is persistence and a strong member organization which advocates tirelessly on behalf of doctors and emergency patients.

The most important way we achieve the kind of lasting change that helps us do our jobs better is through the activity of the Ohio ACEP PAC. Using contributions from our members, Ohio ACEP PAC supports candidates who stand with Ohio’s emergency physicians on the issues that matter most to us.

With that in mind, I ask members to consider making a contribution to Ohio ACEP PAC. The need is ongoing and, with consistent support, we can sustain our advocacy on your behalf. With enough support from our members, Ohio ACEP PAC can affect the kind of change we need. And maybe then, I can spend future St. Paddy’s Days relaxing with a green drink in my hand instead of hunting for that leprechaun.

Best,

Mike

Michael D. Smith, MD, FACEP