In these challenging times, we know you have questions about what ACEP is doing to tackle the biggest issues: ED boarding, workforce concerns, consolidation, and scope of practice. That’s why ACEP hosted an Open Forum on June 15 to share what the College is doing to protect and support emergency physicians—and to listen to your concerns. To make sure you’re up to speed on the latest developments, we are providing you all the facts. From our humble beginnings to today, ACEP’s mission has not veered. We use our hard-earned seat at the most influential tables to push for changes that protect you and your patients.

“ACEP is not a one topic, one issue organization,” said ACEP President-Elect, Aisha T. Terry, MD, MPH, FACEP. “We cover the breadth of all things related to emergency medicine—from issues that impact your ability to treat patients, to protecting your livelihood, to helping members achieve their career dreams. From day one to the end, we’re there for you.”

Federal Legislators and Regulators Invite ACEP to the Decision-Making Table

ACEP joined several emergency physician group representatives who participated in a listening session with the Federal Trade Commission (FTC) regarding consolidation of health care employers. However, ACEP was exclusively involved in important conversations leading up to the session and the dialogue between ACEP and the FTC is ongoing.

The FTC, and other regulatory agencies, look to ACEP as the united national voice for emergency physicians.

ACEP proudly sits as EM’s sole representative on the AMA’s RVS Update Committee (RUC), the highly influential group that makes recommendations to the federal government on how physicians are paid. This year alone, ACEP prevented proposed reductions in the relative value units (RVUs) assigned to the ED Evaluation and Management (E/M) codes. ACEP’s work prevented a $30 million loss for just Medicare patients treated with code 99284. This alone keeps around $800 in every emergency physician’s pocket—more than the cost of national ACEP annual dues!

ACEP Has Invested $1 Million to Push Back on Scope Creep at Federal and State Levels

ACEP has made it clear—there is no substitute for a licensed, trained, and board-certified emergency physician. ACEP launched a campaign to educate patients and policymakers about the importance of physician-led care teams. The campaign included a series of short, animated videos highlighting the value of emergency physicians and explaining in plain language how specialized training and education sets emergency physicians apart from others on the care team.

We developed chapter toolkits with op-eds and talking points, PR support for the launch and monitoring of campaign efforts. We funded two public opinion polls that confirmed not only do the vast majority of adults most trust a physician to lead their medical care, but many patients would be concerned if a physician was unavailable during their medical emergency.

ACEP joined the AMA’s Scope of Practice Partnership to stand with the House of Medicine. We invested in staff support, including multiple communications and legislative staff members to manage these initiatives. We have fought at the state levels to block bills that would expand the scope of non-physicians and have supported policies that prioritize emergency physician-led teams in the ED and establish common sense principles for model state legislation.

Learn more at acep.org/scopeofpractice.

ACEP is Currently Involved in Nine Lawsuits to Protect Your Autonomy and Reimbursement

In 2022-2023, ACEP’s legal advocacy increased by 400 percent. We participated in 12 lawsuits and filed nine amicus briefs in courts from California and Idaho to Illinois, New Jersey and Texas.

Four amicus briefs were filed in cases vital to protecting physician autonomy, three related to post-Dobbs decisions and one was filed as part of AAEM’s suit against Envision. Two briefs lent support to protecting the scientific integrity of medical journals and medical societies publishing treatment guidelines, respectively. ACEP also filed suit against the Departments of Health and Human Services, Labor and Treasury to address concerns about the implementation of the new surprise billing law, a case years in the making, where ACEP offered EM-specific improvements to every phase of the independent dispute resolution (IDR) process. When the original suit was dismissed, we pivoted and filed four amicus briefs in the resulting cases heard in Texas.

Less than 1% of ACEP’s Total Revenue Comes from Private Equity Staffing Groups

In total, revenue from private equity-funded staffing groups for advertising, sponsorship and exhibits is less than 1 percent of our total organizational revenue, despite claims to the contrary.

In response to member requests, ACEP conducted a thorough legal review and analysis of the risk if the organization were to prohibit all advertisements or exhibits from certain companies that refuse to disclose their business practices. Internal and external legal counsel confirmed an anti-trust risk to ACEP because the groups in question are made up of our members. This may not be the case for every EM association but based on ACEP’s size and membership, the legal risk was concerning.

Further, our membership includes emergency physicians from all walks of life who are employed in a variety of work environments ranging from academic settings to emergency physician groups small and large.

No staffing group is a member of ACEP—they have no role in the democratic election of our Board nor the development of advocacy efforts or policy positions. ACEP has checks and balances in place, including a strong conflict of interest policy, that ensures no one voice outweighs what is in the best interest of our members or the specialty.

None of ACEP’s Board of Directors are Employed by a Group that has Majority Private Equity Ownership

The current Board of Directors works in academia, the military, small independent and large groups, in rural and metropolitan settings, with expertise in EMS, informatics, advocacy, policy and more.

The Board is as diverse as our membership and they represent the many practice settings of our members.

Board members are democratically elected by the ACEP Council, which consists of members representing ACEP’s chapters (50 states, Puerto Rico, the District of Columbia and Government Services), our sections of membership, the Association of Academic Chairs in Emergency Medicine, the Council of Emergency Medicine Residency Directors, the Emergency Medicine Residents’ Association and the Society for Academic Emergency Medicine.

ACEP is the Only EM Organization with a Full-Time Dedicated Advocacy Staff in a DC Office

The ACEP DC office currently has nine full-time staff with roles that span public relations, congressional relations, political affairs and grassroots advocacy, regulatory and external affairs. We retain consultants periodically for support services while ACEP staff lobbies directly on behalf of its members. We also manage reimbursement efforts from our DC office, with additional staff leading point on key issues and training.

Dr. Terry

“We have an office in Washington DC with full-time staff members working to make sure that ACEP has strong relationships with policymakers and influencers in Washington DC and on Capitol Hill,” Dr. Terry said.

“The work in our DC office results in our ability to get fair reimbursement as emergency physicians. Their full-time attention results in our ability to eat and nourish ourselves at our work stations on shift. Their commitment allows us to make sure that when it comes to taking care of Medicare patients and Medicaid patients, there is funding resources, so we can do our job. The work from this team impacts our ability to work in a safe environment,” she added.

ACEP Provides Members with Over 240 Hours of Free CME

ACEP members have 246 credits of complimentary CME education available and nonmembers can access 194.5 free credits. Most courses expire within three years and are refreshed annually.

ACEP Partnered with All EM Organizations to Study the EM Workforce—And We’re Using Our Power and Influence to Change Our Specialty’s Trajectory

An important part of protecting our specialty is anticipating future threats. In 2021, EM workforce projections indicated a likely oversupply of EPs in 10 years. To protect and stabilize the workforce, ACEP:

• Launched a new Task Force to help develop innovative practice models for the future of EM, including freestanding facilities, telemedicine and home-based care.
• Built a comprehensive plan to expand your opportunities while addressing rural challenges, residency standards, and work environment.
• Continues to pivot efforts as the market fluctuates. As our realities change, ACEP is committed to monitoring current data and adjusting strategies.

ACEP is Fighting for Emergency Physicians

ACEP defends your right to practice with medical autonomy. In March 2023, ACEP responded to the FTC regarding their proposed ban on non-compete clauses in employment contracts and we outlined how this unfair, predatory practice affects our members.

In April 2022, the ACEP Board approved the ACEP Statement on Private Equity and Corporate Investment in Emergency Medicine, reaffirming our core belief of the physician-patient relationship as the moral center of medicine. We fight bad actors, counter misinformation that threatens you and your patients, and push for solutions to systemic challenges that complicate care delivery.

“We realize that some people may feel that ACEP isn’t doing enough or should be showing up in a different way. The fact is many people don’t know all that ACEP does,” Dr. Terry said. “ACEP plays a lot of defensive work—defending of our specialty. We’re preventing catastrophe from happening and that work is unseen by most.

“But I promise you the work that ACEP does is tireless in support of our members,” she said.

Details of ACEP’s key initiatives can be found at acep.org/acep4u.