ACEP Reacts to Supreme Court Decision to Uphold Health Care Law

ACEP President Dr. David SeabergAs you may know, today the United States Supreme Court decided to uphold The Patient Protection and Affordable Care Act. (Read the 193-page decision here.)
This decision will impact emergency medicine because it is clear that the amount of visits to the nation’s emergency department will continue to increase even with the implementation of health care reform.
As I stated in a press release today, the nation’s emergency physicians fully support the emergency care provisions in the law, such as inclusion of emergency services as an essential part of any health benefits package and the prudent layperson standard, which guarantees that health plans base coverage on the patient’s symptoms, not the final diagnosis.
And regardless of the Supreme Court’s decision, it does not change the mission of emergency physicians — we pledge to be there for our patients.
However, while there are provisions in the law to benefit emergency patients, it is clear that emergency visits will increase, as we have already seen nationwide. There are physician shortages and there are also drug shortages and serious mismatches between patient needs and available resources.
The College will continue to urge lawmakers and regulatory agencies to ensure that the implementation of the health care reform law does not endanger patient care or threaten the practice of emergency medicine.
ACEP has worked with — and will continue to work with — members of Congress to find solutions to improve the safety and efficiency of emergency care for all Americans. Emergency departments are a critical, life-or-death part of our health care system and we need help now. This crisis in emergency care is everyone’s problem, because every person is only one step away from a medical emergency.
According to the most recent GAO report, emergency patients who need care in 1 to 14 minutes are being seen in more than twice that timeframe — 37 minutes.
Significant growth of Medicaid is intended as one of the means of expanding coverage. Increasing the number of patients on Medicaid without an equivalent increase in the number of physicians willing to take that insurance will surely increase the flood of patients into our nation’s emergency departments.
Coverage does not equal access and critical problems facing emergency patients are not going away.
A recent study in Annals of Emergency Medicine shows that crowding in emergency departments is growing twice as fast as the rate of ED visits, principally because emergency patients are showing up sicker and with more complicated health problems.
As the nation moves forward with implementing the health care reform law, we urge the Senate to follow the lead of the House in repealing the Independent Payment Advisory Board (IPAB), which was included in the law. The IPAB panel does not have any accountability to Congress, health care providers or the public and will harm Medicare patients’ access to medical care.
This law also includes medical liability dispute resolution alternatives, but that the scope is extremely limited, which limits its potential effectiveness. America’s medical liability system is broken and without true medical liability reform, patients’ access to lifesaving care will continue to suffer.
ACEP will continue to fight for meaningful medical liability reform and other emergency medicine issues. You can aid in this battle. Contributions to NEMPAC will support candidates who can positively impact emergency physicians and your patient care. Consider donating at the Give-A-shift level for maximum leverage of your PAC contribution.
Participation in the Emergency Medicine Action Fund is now more important than ever. With the Supreme Court decision upholding the law, an avalanche of regulations are being written and emergency physicians desperately need the EM Action Fund to keep them out of the regulatory and legal crossfire between payers, patients, policymakers and hospitals.
The EM Action Fund has unified the house of emergency medicine and become a powerful and influential voice in federal regulatory and legal issues that matter to you and your colleagues. Join the EM Action Fund today.

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  1. #1 by Art Lisowsky - June 29th, 2012 at 08:12

    Our country is having problems financing Social Security, Medicare and Medicaid. Congress can not come up with a plan to continue to support these programs. The new social medicine law and its resulting mandates will create a need for funds that will equal these three programs which we will not be able to fund in the next decade or two.

    It looks like this will lead us down the path of Europe where the citizens have come to expect the government to support them.

    Our contry was founded and evolved to have the a government by and for the people. This is slowly turning around. I think this is another step in the fall of our way of life in this country.

    I see fewer and fewer young people becoming doctors and becoming lawyers. In this current depression, graduating lawyes are not finding the jobs they thought they would have. Our manufacturing is going overseas. It is becoming harder and harder to find a job that will be there for years and years.

    The only way for our government to balance its budget is to lay off its workers to lower the cost of government. How does a company get out of the red and back into the black? It lays off people, reduce its payroll and extravagant spending, to balance its books.

    “Washington . . . we have a problem!”

  2. #2 by Michael Simpson - July 1st, 2012 at 09:31

    Very informative, thank you sir.

    After reading the Annals article sited, I would disagree with the assertion that patients are showing up sicker, although that can certainly be inferred. The article addresses “Practice intensity” which could be a result of more defensive medicine practice and ordering of unnecessary testing. Something I will definitely research further.

    You are spot on pertaining to IPAB! This must be dismantled! Senator Cornyn, Congressman Roe, and the Goldwater Institute are all working hard to repeal IPAB, and deserve our support.

    We all need to take an active part in this debate, for the sake of our patients.

  3. #3 by wikipedia - June 28th, 2019 at 04:43

    good post.

  4. #4 by - July 9th, 2019 at 02:59

    Every Supreme Court have the right to take the decision about the food for the population of our country but one thing keeps in the mind the decision will not create problem in the life of people because the court does not take a right decision for the population. Then the peace condition of the country will spoil in current time. The people have no interest in the court decision so it will be care full about the wishes of the people.

  5. #5 by Fridge - April 19th, 2020 at 14:43

    A wonderful article on a much debated topic. Glad to have your perspective on this!

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