ACEP Urges Congress to Reauthorize the Dr. Lorna Breen Act

Editor’s Note: As of press time, the 118th Congress ended its session without passing this legislation. ACEP will continue to advocate for this and numerous other EM priorities in the current session.

In December, in a letter to Congress, ACEP and about 60 other health care professional organizations called for lawmakers to pass the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act (H.R. 7153/S. 3679), which would reauthorize the Dr. Lorna Breen Health Care Provider Protection Act originally signed into law on March 18, 2022. This law was the first of its kind, named in honor of the life, memory, and legacy of emergency physician Lorna Breen, MD, and dedicated to improving the mental health and well-being of health care professionals.

The letter, addressed to Speaker of the House Mike Johnson (R-LA), House Minority Leader Hakeem Jeffries (D-NY), then-Senate Majority Leader Chuck Schumer (D-NY), and then-Senate Minority Leader Mitch McConnell (R-KY), noted that the legislation was passed by each committee of jurisdiction in both chambers with bipartisan support.

The letter asked that Congress ensure the law is reauthorized either as a standalone bill or be included as part of any year-end legislative package.

ACEP and this broad coalition of health care professional organizations continued working to secure enactment of this important bill before the end of the year to ensure that this vital federal effort to protect the lives and livelihoods of health care workers continues.

ACEP Boarding Tip Sheet Reaches News Organizations

Last month, after an interview with ACEP staff in Washington, D.C., the Association of Health Care Journalists (AHCJ) published an article with tips on how reporters can more accurately report on the boarding crisis. Writer Mary Chris Jaklevic included ACEP talking points in the piece, highlighting the following facts ACEP provided:

• Boarding is not caused by misuse of the emergency department.
• Boarding reflects health care system failures.
• Harms are apparent.
• Boarding can be fixed.
• Accountability is lacking.

The Boarding Tip Sheet is available in a database of tip sheets the AHCJ provides its members.

Connecticut Earns Advocacy Win on Boarding

A multiyear effort by Connecticut ACEP to work with the Leapfrog Group, a national nonprofit health care watchdog organization, could increase the amount of hospital data available on boarding. Work by the chapter has led to a proposed update to Leapfrog’s annual hospital survey that could include “fact-finding questions to assess boarding times for patients seen in the emergency department.”

With about 80 percent of the nation’s hospitals participating in the annual Leapfrog Hospital Survey, the results are widely read by policymakers and health leaders.

“We know that boarding is a solvable problem if it is given sufficient attention as a patient safety issue,” said Christopher L. Moore, MD, a Connecticut ACEP member leading the efforts with Leapfrog.

Dr. Moore said that nobody should settle for a status quo that compromises quality of care, and that state level initiatives can lead to measurable change.

“There are untapped opportunities at the state level for emergency physicians to get involved,” Dr. Moore said. “These efforts have the potential to bring about public accountability and transparency and to look towards solutions.”

Connecticut ACEP members are prominent among those leading the way on boarding solutions. Dr. Moore is co-chair of a state government work group that encouraged new reporting requirements on boarding by Connecticut hospitals. The work group will submit a final report to the state on emergency department boarding and crowding, including proposed solutions, by January 2025. State-level initiatives can be complementary to national initiatives such as the Emergency Care Capacity and Quality measure, which is being considered by the Centers for Medicare and Medicaid Services.

ACEP Town Hall Offers Resources for Those Affected by NES Health Turmoil

ACEP continues to provide resources for emergency physicians affected by the financial turbulence at NES Health, a physician staffing firm with a presence in 35 emergency departments. In an email on November 22, NES informed its employees that it would stop doing business because it couldn’t meet its payment obligations.

ACEP held a town hall shortly before that announcement, directly connecting emergency physicians with the ACEP Board of Directors, as legal and insurance experts shared strategies to navigate the disruption. “We understand and share your frustration,” said ACEP President Alison J. Haddock, MD, FACEP. “We are taking action every day to make the work environment better for emergency physicians, regardless of who their employer is. This is not an acceptable situation. We want to be your advocates; to be a convener and bring people together to defend you and the hard work you do taking care of patients.”

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The town hall featured a discussion of legal principles, contract considerations, and insurance policy details to help emergency physicians address concerns and identify potential actions to stay protected when an employer fails to uphold their obligations. The general information conveyed during the town hall is not intended to serve as legal advice for specific individual circumstances.

To start, it is crucial for every physician to understand the terms they are obligated to meet and what they should expect from their employer, ACEP experts said. On top of contract issues, physicians may have questions about what happens to their insurance.

ACEP’s medical malpractice insurance partner shared that unfortunately, the legwork necessary to find out about important changes to insurance offerings often falls on the physicians and offered to speak to anyone with questions.

ACEP member resources can be vital during these uncertain times. Efforts include the crowdsourcing of transition information, discounts on contract review services, access to insurance, assistance with forming an independent group, and much more.

Affected physicians who are not currently ACEP members can take advantage of ACEP’s hardship program; to join for free, email membership@acep.org.

ACEP’s engagED forum was established for open discussion and peer-to-peer connection as everyone navigates through these challenges. Nobody should face uncharted water alone. There are ongoing discussions about additional actions to help everyone whose lives and careers are disrupted by these circumstances.