Advocacy Updates

Advocacy Updates


Advocacy in Action


Physician-Led Care

24/7 Physician Coverage Required in EDs

  • National: Collaborative advocacy by ACEP, the AMA, and the American College of Surgeons secured a new requirement: all Level IV trauma centers must maintain 24/7/365 emergency physician coverage.
  • Ohio: Ohio ACEP is championing House Bill 789 to require a physician on-site at all times in every hospital and freestanding emergency department.

ED Violence & Workplace Safety

Federal SAVE Act Introduced (H.R. 3178 / S. 1600)

Bipartisan legislation backed by emergency physicians to establish federal criminal penalties for violence against healthcare workers—matching protections given to airport and airline staff—while adding key safeguards for vulnerable patients.

Ohio Healthcare Workplace Safety Bill Passed (HB 452)

Ohio ACEP helped secure the passage of HB 452 during the 135th General Assembly, strengthening hospital security plans, improving incident reporting, expanding safety training, and preventing workplace violence.

ED Boarding & Crowding

Addressing Boarding and Crowding in the Emergency Department (ABC-ED) Act (S. 1974 / H.R. 2936)

ACEP-designed legislation focused on building a resilient, transparent, and coordinated national emergency care system.

National Boarding Metrics Finalized

CMS finalized the Emergency Care Access and Timeliness measure in the CY 2026 Hospital Outpatient Prospective Payment System (OPPS) rule—a direct result of ACEP pushing for mandatory reporting of ED boarding times.

State Advocacy on Psychiatric Boarding

Ohio ACEP members met with state legislators to address daily ED crowding and remove structural barriers to psychiatric emergency care.

Surprise Billing & Insurance Reform

Scope

Legislation / Victory

Key Outcome

National

5th Circuit Court Ruling

Sided with ACEP/TMA: Rules that insurers cannot use "ghost rates" in Qualified Payment Amount (QPA) calculations to artificially lower reimbursement rates.

National

No Surprises Act Enforcement Act (H.R. 4710 / S. 2420)

Holds health insurers accountable to current law, increases compliance transparency, and penalizes non-compliance.

Ohio

Out-of-Network Protections
(HB 388)

Enacted after two years of Ohio ACEP advocacy to eliminate surprise medical bills and establish a fair payment arbitration process.

Ohio

Clawback Time Limits (SB 162)

Supported alongside OSMA: Caps insurer take-back claims at 1 year, extends provider appeal windows to 60 days, and mandates formal electronic notifications.

 

Medicare & Medicaid Reimbursement

  • Medicare E/M Valuations: ACEP’s ongoing advocacy successfully pushed CMS to maintain and increase values for ED evaluation and management (E/M) codes, driving reimbursement rates for both public and private payers.
  • Ohio Medicaid Rate Increases (HB 33): Direct advocacy with the Ohio Dept. of Medicaid secured a ~6% increase for CPT codes 99281–99285, a 24–57% increase for critical care fees, and expanded funding for medical transport services.

EM Workforce & Scope of Practice

Ban on Non-Compete Agreements

  • National: Pushing for co-sponsorship of the Bipartisan Workforce Mobility Act (S. 2031) to eliminate restrictive non-compete clauses and let physicians practice where needed.
  • Ohio: Submitted testimony favoring SB 301 to restrict non-competes in healthcare contracts across the state.

Opposing Independent Practice Expansion

Ohio ACEP is actively fighting scope-of-practice expansion bills (SB 258, HB 449, and HB 508) that would remove physician collaboration requirements for Advanced Practice Nurses (APNs).

Prudent Layperson Standard

  • National Protection: Leading efforts to safeguard and enforce the Prudent Layperson Standard, preventing insurers from retroactively denying coverage for emergency visits.
  • Ohio SB 165: Championed legislation prohibiting claim denials based solely on final diagnosis/ICD codes and explicitly extending Prudent Layperson protections to emergency mental health conditions.

Substance Use Care

  • HERO Act (H.R. 7994): ACEP-supported federal bill advancing through the House to expand access to opioid-reversal medications in schools.
  • Ohio Senate Bill 137: Partnered with the Ohio Naloxone Project to pass legislation requiring hospitals to supply overdose-reversal medications like Naloxone upon discharge.

Be Your Own Advocate