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Jeffrey Davis Director of Regulatory and External Affairs at ACEP

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  • 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.
  • On July 15, CMS issued the calendar year (CY) 2023 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System proposed regulation. Among other policies, the reg proposes a new payment structure and quality reporting program for Rural Emergency Hospitals (REH) and provides for payment for certain behavioral health services furnished via communications technology. This is the second reg that includes policies related to REHs. CMS released another proposed reg at the end of June that includes proposed conditions of participation for this new facility type.
  • The Medicare Payment Advisory Commission (MedPAC) has released its 2022 data book on health care spending and the Medicare program, with data on Medicare spending, Medicare population demographics, beneficiary access to care, quality of care, specific provider settings, provider profit margins, and the Medicare Advantage and Medicare Part D programs. MedPAC also highlighted research on the impact of health care consolidation on health care prices. 


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