Regs & Eggs
- 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.
July 28, 2022 • Advocacy Info • HHS
HHS Issues Regulation Regarding Non-Discrimination in Health Care
This week, the U.S. Department of Health and Human Services (HHS) issued a proposed regulation that reverses a Trump Administration policy regarding discrimination in health care. Specifically, the re...
July 21, 2022 • Alternative Payment Model • Geriatric Value-based Care
SPECIAL BLOG SERIES: Advancing Value-based Care in Emergency Medicine
A few months ago, I announced that I was teaming up with the Geriatric Emergency Department Collaborative (GEDC), as well as West Health and The John A Hartford Foundation, to work on a series of blog...
July 14, 2022 • Advocacy Info
The 411 on 988: The New Crisis Hotline Becomes Available this Saturday!
This week, I’ve called in a reliever—a 6’ 3” right-hander with a nasty changeup and, better yet, someone who has a solid grasp of state issues and regulatory policy. I can think of no one better than ...
July 8, 2022 • Advocacy Info • Medicare Info • MIPS Info • Physician Fee Schedule
Special Edition: CMS Issues the 2023 Physician Fee Schedule Proposed Reg
Another day, another regulation. The second major summer reg was just released yesterday! The Centers for Medicare & Medicaid Services (CMS) has issued the Calendar Year (CY) 2023 Physician Fee Schedu...
July 7, 2022 • Advocacy Info • CMS Info • Medicare Info • Telehealth
CMS Releases First Summer Reg: Rural Emergency Hospital Conditions of Participation
A few weeks ago, I provided a preview of the three major regulations that we were expecting to see this summer—and at the end of last week, the Centers for Medicare & Medicaid Services (CMS) released ...
June 28, 2022 • CMS Info • ED Management • HHS
Special Edition: EMTALA Requirements Remain Fully in Effect in the Post Roe v. Wade World
The whole country is still digesting the monumental Dobbs v. Jackson Women’s Health Organization Supreme Court decision that overturned Roe v. Wade last week and trying to grasp the plethora of legal ...
June 23, 2022 • Advocacy Info • No Surprises Act
ACEP and EDPMA Request Additional Guidance from Federal Agencies on No Surprises Act Implementation
Earlier this week, ACEP and the Emergency Department Practice Management Association (EDPMA) sent another letter related to the implementation of the No Surprises Act to federal agencies, following up...
June 16, 2022 • Medicare Info • MIPS Info • Physician Fee Schedule • Telehealth
Preview of Major Medicare Regs Coming this Summer
During the hot and humid summer in Washington, D.C., many in the health policy community (including me!) take shelter at their desks waiting for major Medicare proposed regulations to appear in the Fe...
June 9, 2022 • CMS Info • Medicare Info • Physician Fee Schedule
Medicare Trustees Express Concern about Insufficient Physician Payments… Again
As I have written about in the past, the Medicare “Trustees” issue a comprehensive report annually that outlines the financial outlook for the Medicare program in both the short-term and the long-term...
June 2, 2022 • Advocacy Info • No Surprises Act
Ongoing Issues and Advocacy around the No Surprises Act IDR Process
As many of you know, there have been a lot of issues with the implementation of the No Surprises Act. Most of my previous blog posts have focused on the major policy disagreements that ACEP has had wi...
May 26, 2022 • Advocacy Info • Violence in the ED
Surgeon General Issues Advisory Addressing Health Worker Burnout: Gamechanger?
Regs & Eggs - May 26, 2022
May 19, 2022 • Geriatric Value-based Care • Alternative Payment Model
NEW BLOG SERIES: Value based Care in Emergency Medicine-- an Overview
As avid readers of Regs & Eggs, you all know that one major area I have focused on has been the movement in our health care system away from fee-for-service payment towards more value-based care. Spec...
May 12, 2022 • Advocacy Info • CMS Info • No Surprises Act
CMS Finalizes New Network Adequacy Requirements for Certain Private Health Plans
In a Regs and Eggs blog post from January, I discussed a promising proposal from the Centers for Medicare & Medicaid Services (CMS) to add emergency physicians to the network adequacy requirements for...
May 5, 2022 • Advocacy Info • Alternative Payment Model • CMS Info • Medicare Info
No Alternative Payment Model for Emergency Physicians and other Specialists…The AMA Has a Proposed Solution
This week’s Leadership and Advocacy Conference (LAC) was a great success! We had over 300 emergency physicians from across the country (including some of you!) come to DC and speak to legislators abou...
April 28, 2022 • Advocacy Info
ACEP’s Leadership and Advocacy Conference is Next Week! Find Out What’s on Tap!
It’s almost here! The annual Leadership and Advocacy Conference (LAC) in Washington, DC is next week, May 1 through May 3. For those of you who are unfamiliar with this conference, it allows you as e...
April 21, 2022 • Advocacy Info • ED Management
ACEP Responds to FTC and DOJ Request for Information on Mergers and Acquisitions in Health Care
Regs & Eggs - April 22, 2022
April 14, 2022 • No Surprises Act • Advocacy Info
No Surprises Act Updates Related to the “Disputed” Independent Dispute Resolution Process
To state the obvious, the first few months since the No Surprises Act has gone into effect have been a bit bumpy (and let’s face it, the period before that wasn’t so smooth either). As you all know fr...
April 7, 2022 • Advocacy Info • Opioids Info
Important Update on the “Three-Day” Rule for Administering Medications to Treat Opioid Use Disorder
As described in previous Regs and Eggs, there are many regulatory barriers to providing medication assisted treatment (MAT) to patients with opioid use disorder (OUD). Currently, physicians and other ...
March 31, 2022 • CMS Info • HHS • Medicare Info • Physician Fee Schedule • Telehealth
Biden Administration Releases Fiscal Year 2023 Budget: Highlights and Missed Opportunities
I guess I’m in a singing and dancing mood. Last week, I talked about the annual song and dance of dealing with Medicare physician payment reform, and this week, I want to talk about another yearly son...
March 24, 2022 • Advocacy Info • CMS Info • HHS • Medicare Info • Physician Fee Schedule
Meaningful Medicare Physician Payment Reform: Is this the year?
Many of you are all too aware of the annual song and dance the physician community has to do with Congress to avoid significant reductions to Medicare physician payments. As I noted in a previous blog...
March 17, 2022 • CMS Info • Financial Support • HHS • Medicare Info • Telehealth
Unwinding from the COVID-19 Pandemic: Implications for Emergency Physicians and Patients
Lately, we seem to be hearing loud and clear from many people (including government officials) that they are ready to move on from the COVID-19 pandemic. However, in the regulatory world, what exactly...
March 10, 2022 • Advocacy Info • Violence in the ED
OSHA is Continuing to Make COVID-19 Safety Its Top Priority: At What Cost?
Like it or not, a wave of “highly focused” inspections conducted by the Occupational Safety Health Administration (OSHA) is coming.
March 3, 2022 • Advocacy Info • CMS Info • HHS • No Surprises Act
The Flawed Independent Dispute Resolution Process Has Been Fixed… For Now
As you probably all know, there has been a significant development in the legal battle over the flawed independent dispute resolution (IDR) process to resolve payment disputes for out-of-network servi...
February 24, 2022 • Advocacy Info • CMS Info • Medicare Info • MIPS Info
ACEP Provides Feedback on New Emergency Medicine Cost Measure
As I discussed in a recent Regs & Eggs blog post, the first, and only, emergency medicine cost measure is in the process of being developed by the Centers for Medicare & Medicaid Services (CMS) and it...
February 17, 2022 • Advocacy Info • Opioids Info
CDC Releases Long-Awaited Revised Opioid Prescribing Guideline: Open for Public Comment
The infamous 2016 opioid prescribing guideline is finally getting a make-over. It has been a long time coming, but the Centers for Disease Control and Prevention (CDC) finally released a draft revised...