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Jeffrey Davis Director of Regulatory and External Affairs at ACEP

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  • On August 3, President Biden signed an Executive Order on Securing Access to Reproductive and Other Healthcare Services at the first meeting of the Interagency Task Force on Reproductive Health Care Access.
  • On August 1, CMS issued the FY 2023 Inpatient Prospective Payment System (IPPS) Prospective Payment System (PPS) final rule. The final rule increases hospital operating payment rates of 4.3 percent in FY 2023, includes three health equity-focused measures in hospital quality programs, and establishes a “Birthing-Friendly” hospital designation.
  • On July 28, CMS released a Medicare Advantage (MA) Request for Information (RFI) for public comment to guide policy development and implementation of the program. 
  • On July 26, CMS released its Maternity Care Action Plan to support the implementation of the Biden-Harris Administration’s Blueprint for Addressing the Maternal Health Crisis. The goal of the action plan is to create a wholistic approach across CMS to improve health outcomes and reduce inequities for people during pregnancy, childbirth, and the postpartum period.
  • On July 11, CMS issued additional EMTALA guidance, following up on the previous guidance from September 2021. In this updated guidance, CMS reiterates that EMTALA pre-empts any directly contradicting state laws around the medical screening examination, stabilizing treatment, and transfer requirements. In addition to the guidance, HHS Secretary Xavier Becerra, in a letter to clinicians and facilities, further made clear that this federal law preempts state law restricting access to abortion in emergency situations. ACEP has created a new resource page to help emergency physicians stay updated on emergency care in the post-Roe era.


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