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August 12, 2022

Board Approves New Policy Statements on Gender Diversity, Interference in Patient/Physician Relationship, Liability and More

Many new and revised policy statements were up for review during the Board’s June meeting. The following new statements were approved and can be viewed in full at acep.org/policystatements:

  • Caring for Transgender and Gender Diverse Populations in the ED – ACEP’s EM Practice Committee, Public Health & Injury Prevention Committee and Diversity, Equity and Inclusion Section worked together to write this new statement as a result of 2021 Council resolution 44(21). The first six bullet points were taken from the “whereas” statements in the original resolution. The seventh bullet point was created in response to national issues.
  • Interference in the Physician-Patient Relationship – While working on the aforementioned policy statement about gender diversity, a joint subcommittee with representatives from the EMPC, PHIPC, and the DIHE and Social EM Sections decided to create a separate policy statement that would apply to a broader set of issues. The language is based on the CMSS Policy Statement “Opposing Government Interference in the Patient-Physician Relationship, of which ACEP is a participant.
  • Mitigating the Unintended Consequences of the CURES Act – While working on updates to the existing “Patient Medical Records in the ED” policy statement, a subcommittee with representatives from ACEP’s EM Practice and Health Innovation Technology Committees decided a new statement was needed to highlight patient safety issues that may disproportionately impact the emergency department population related to implementation of the CURES Act.
  • Protection of Physicians and Other Health Care Professionals from Criminal Liability for Medical Care Provided – This policy statement was drafted by ACEP’s Medical-Legal Committee in response to a nurse being criminally prosecuted for medical errors. It addresses the topic broadly and does not include details specific to that case.
  • Use of High Sensitivity Troponin in the ED ACEP’s Clinical Policies Committee wrote a new policy statement and policy resource and education paper (PREP) to provide a resource for emergency physicians on the use of the patient’s history and high-sensitivity troponin results in conjunction with a diagnostic algorithm to inform their clinical decision-making for patients who present with suspected acute coronary syndrome.
  • Use of Medical Interpreters in the ED
  • Work Requirements for Medicaid Beneficiaries The 2019 Council and Board adopted Amended Resolution 39(19) Work Requirements for Medicaid Beneficiaries stating that “ACEP oppose mandatory work requirements for Medicaid beneficiaries to prove they are employed, or seeking employment, to get or keep health insurance.” ACEP’s State Legislative/Regulatory Committee considered the impact of Medicaid work requirements and made minor modifications to the initial resolution that resulted in the policy statement.

In addition to the new statements, the following revised policy statements were approved during the June 2022 Board meeting and can be viewed in full at acep.org/policystatements. ACEP committees review existing policy statements as part of ACEP’s policy statement sunset review process to ensure policies remain current and relevant.

  • Corporal Punishment of Children – ACEP’s Pediatric EM Committee, with input from the Public Health and Injury Prevention Committee, updated the 2016 version of this statement to strengthen its stance against corporal punishment and encourage non-corporal corrective strategies.
  • Definition of Clinical Ultrasonography
  • Motor Vehicle Safety – ACEP’s Public Health and Injury Prevention Committee expanded this statement to include information from the “Advanced Automatic Crash Notification and Intelligent Transportation Systems” policy statement. The new statement was reordered to follow the crash safety paradigm of pre-event, event, and post-event.
  • Patient Medical Records in the ED – The EM Practice Committee was assigned to review this statement while also considering the second resolved of Resolution 36(21) Mitigating the Unintended Consequences of the CURES Act for the 2021-22 committee year to “work with the Health Innovation Technology Committee to review the “Patient Medical Records in the Emergency Department” policy statement and incorporate information about the CURES Act or determine if a separate policy statement is needed.” It was decided that a separate policy was needed for that information, but this existing statement was updated to address sharing and obtaining patient health information with outside care centers.
  • Protection from Violence and the Threat of Violence in the ED -- The Public Health & Injury Prevention Committee (PHIPC) was assigned an objective for the 2021-22 committee year to review the policy statement “Protection from Violence in the Emergency Department” as part of the policy sunset review process. The current policy statement was revised to add language strengthening ED protections and addressing the resolution’s first resolved, making emergency departments “Firearm Free” zones, with the exception of active-duty law enforcement officers, hospital security, military police, and federal agents.
  • Emergency Physician Practice CostsThe Reimbursement Committee was assigned an objective for the 2021-22 committee year to review the “Emergency Physician Overhead Billing” policy statement as part of the Policy Sunset Review Process. The committee recommends several changes beginning with renaming the policy as “Emergency Physician Practice Cost” to reflect current practice expense terminology more accurately.
  • Fair Payment for ED Services—The Reimbursement Committee was assigned an objective for the 2021-22 committee year to review the “Fair Payment for Emergency Department Services” policy statement as part of the Policy Sunset Review Process. After careful review, the committee recommends minor changes to the current policy to conform with current ACEP style preferences.
  • Ultrasound Services in the EDThe Reimbursement Committee was assigned an objective for the 2021-22 committee year to review the “Payment for Ultrasound Services in the Emergency Department” policy statement as part of the Policy Sunset Review Process. The committee consulted with the ACEP Emergency Ultrasound Section and recommends several changes and renaming the policy statement. The proposed changes strengthen the prior language and reflect CPT code set rule changes for 2022 and beyond.
  • Pedestrian Injury Prevention
  • Rural Emergency Medical Care

Lastly, this statement was rescinded:

  • Advanced Automatic Crash Notification and Intelligent Transportation Systems
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