Advocacy

EDPMA advocates for emergency department physician groups and partners to enhance quality patient care through operational excellence and financial stability.

EDPMA is the voice of Emergency Department practices before Congress, CMS, state-level decision makers, and private payers on Medicare and Medicaid Reimbursement, Quality Reporting, Documentation Requirements, Provider Enrollment, and more. We keep our members up to date with newsletters, interactive committee meetings, regular email alerts, and social media posts—helping your business succeed in this every-changing landscape.

We urge you to become an advocate for the Emergency Department business. Here is an advocacy primer to get you started: EDPMA Advocacy Primer.

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As of 2024 & 2025, EDPMA has accomplished the following:


I-Tact: “Loser Pays” Survey

Status: Survey on Non-Timely Payment of “Loser Pays” Refunds drafted and shared with EDPMA members and with CCIIO.

Outcome / Comments: The survey gathered data from members to understand trends in delays or non-compliance from payers. It is crucial to assess broader industry challenges and could inform future policy adjustments.

Next Steps (as of July 1, 2025): Wider dissemination of the survey findings to key stakeholders.


Submission to CCIIO: Sub-Regulatory NSA Improvements and EDPMA Survey on Health Plans’ Non-Compliance with Payment Obligations on IDRE Determinations

Status: In follow-up to the May 7, 2025 EDPMA/CMS meeting, EDPMA shared requests for NSA improvements achievable through sub-regulatory guidance. Following the June 12, 2025 “listening session” with CCIIO by individual EDPMA members, EDPMA also provided CCIIO with the survey of health plans’ non-compliance with payment obligations and examples of health plans changing patient cost sharing after losing an IDRE determination.

Outcome / Comments: These submissions reinforce the need for stronger enforcement and clarity around health plan obligations under the NSA.

Next Steps (as of July 1, 2025): Await further CCIIO action, including potential attention to these issues in the IDR Operations final rule (expected late 2025). Continue communication with the Tri-Departments on the need for guidance in areas where no new regulation is necessary.


Request for Tri-Departments to Engage in Greater IDRE Approval Transparency

Status: Joint letter with ACEP to the heads of NSA-related agencies urging increased transparency prior to approval of new IDREs.

Outcome / Comments: Both entities under review were approved on June 12, but EDPMA will continue to argue for enhanced transparency across all provisions of the NSA.

Next Steps (as of July 1, 2025): Continue monitoring IDRE conflicts and opportunities to enhance transparency in order to avoid conflicts of interest.


Patient Responsibility Model Legislation

Status: Draft developed and approved for review by the full Board by the Executive Committee.

Outcome / Comments: The model legislation focuses on ensuring health plans are accountable for the collection of patient cost sharing, aligning with broader health care reform goals of ensuring financial protection for patients.

Next Steps (as of July 1, 2025): Review by the EDPMA Board at the July 15 Board of Directors meeting for potential approval.


Call to Action: Medicare Payment in the OBBA

Status: Letter drafted and sent to Senate leadership. A call to action was launched among members, encouraging them to reach out to their senators to advocate for changes to the Medicare Physician Fee Schedule legislative language.

Outcome / Comments: The call to action specifically addressed the limited increase in Medicare payments in the Senate version of the reconciliation bill. EDPMA is advocating for a more substantial increase to ensure emergency physicians are appropriately compensated. Total number of activations on the grassroots letter campaign was over 280 letters (286 actual) to Capitol Hill.

Next Steps (as of July 1, 2025): Ongoing monitoring of member engagement and responses, and continued engagement with members as the law is implemented and new opportunities arise. Evaluate the impact of the call to action on legislative decisions and update strategy if necessary.


Letter to Senate Leadership Opposing Senate Draft of H.R. 1 (One Big Beautiful Bill Act, OBBA)

Status: Letter finalized and sent to House and Senate leadership, including Majority Leader Thune and Minority Leader Schumer as addressees, and Speaker Johnson and Minority Leader Jeffries as copied recipients.

Outcome / Comments: The letter outlines concerns about the draft Senate version of H.R. 1, particularly regarding impacts on Medicare payment systems and Medicaid. It addresses drastic proposed cuts to Medicaid that would harm providers and low-income patients, as well as changes to graduate lending and repayment programs for MDs. The letter demonstrates EDPMA’s commitment to opposing legislation that could undermine the quality of emergency medical care.

Next Steps (as of July 1, 2025): Be prepared to respond with further advocacy as new legislative opportunities arise.


NAIC Model Legislation Review (Primarily SRIC, also reviewed by FHPC)

Status: Ongoing review of the NAIC model legislation by SRIC, with FHPC providing initial feedback. Amendments are in progress based on SRIC feedback.

Outcome / Comments: Proposed amendments are being developed to better align the legislation with the objectives of both committees, particularly around patient protections and reimbursement.

Next Steps (as of July 1, 2025): Continue collaboration between FHPC and SRIC to finalize the model legislation, address remaining concerns, and submit the final draft for approval and endorsement.


NSA Enforcement Act Support (Reintroduction Pending)

Status: EDPMA continues to support the reintroduction of the NSA Enforcement Act, with FHPC coordinating advocacy efforts.

Outcome / Comments: FHPC is working with partners, including ACEP, to strengthen support and alignment around the enforcement priorities under the NSA.

Next Steps (as of July 1, 2025): Continue to monitor the legislative landscape and advocate for reintroduction of the NSA Enforcement Act. Coordinate with legislative bodies and industry partners to align efforts for reintroduction.


GAO Request for Written Responses on NSA

Status: GAO requested that EDPMA provide written responses regarding implementation of the No Surprises Act (NSA). Responses were drafted in collaboration with internal leadership and key stakeholders. EDPMA coordinated with ACEP to ensure alignment in the feedback provided, and the organizations shared their respective responses to avoid conflicting information.

Outcome / Comments: GAO will compile responses from various stakeholders and develop recommendations to Congress on how to improve the NSA and its implementation. EDPMA’s feedback will be instrumental in shaping potential changes or clarifications. GAO acknowledged receipt of EDPMA’s written response and expressed appreciation for its thoroughness.

Next Steps (as of July 1, 2025): Monitor for GAO recommendations and evaluate any opportunities to further refine NSA implementation based on EDPMA’s priorities.


I-Tact Work Products: Letters to Blue Cross & Blue Shield and ERIC

Status: EDPMA’s response letter to the Blue Cross & Blue Shield Association has been drafted, as well as a letter responding to ERIC (the ERISA plan trade association) regarding their letter to the federal agencies. The BCBSA letter presents a series of recommendations for changes to the NSA process, while the ERIC letter calls for elimination of the NSA IDR process.

Outcome / Comments: Workgroup B is following up on recurring issues related to IDREs misinterpreting “cooling rules,” collecting examples and considering next steps. Workgroup C has completed initial outreach to key state ACEP chapters identified as having problematic “state specified laws” to discuss current issues and possible joint action. This is part of ongoing efforts to address advocacy coming from health plans on NSA implementation.

Next Steps (as of July 1, 2025): Dr. Pilgrim is socializing these letters with the ACEP Joint Implementation Task Force, with possible co-authorship by ACEP. AHA has also expressed initial interest in coordinating on NSA advocacy.

As of October 2023, EDPMA:

  • met with staff of 6 members of Congress in leadership roles in committees of jurisdiction for our issues
  • met with CMS and CCIIO leaders
  • sent 19 letters to CMS/CCIIO and the Senate HELP Committee offering solutions to fix the flawed implementation of the No Surprises Act
  • deployed a federal grassroots campaign urging for Medicare Physician Payment reform
  • distributed 13 member alerts
  • created 6 new member resources: NSA Health Plan Fact v. Fiction, What IDREs Can and Cannot Do and an OON EM Billing Process Infographic, State Reg & Leg Tracking, Federal Reg & Leg Tracking, ACT page
  • Released 2 member-supported studies
  • Wins-To-Date:
    • Delay in the split/share in the Medicare Physician Fee Schedule proposed rule
    • Delay in the markup of the HELP Primary Care Legislation that promoted the flawed, non-market based QPA
    • Supported 100+ signers on the Medicare Payment Reform Letter

In 2022, EDPMA:

  • held forty-eight meetings with members of Congress
  • sent nineteen letters to CMS/CCIIO bringing attention to and recommending solutions for the unlawful and detrimental implementation of the No Surprises Act
  • sent twelve letters to Congress on issues ranging for the prevention of proposed Medicare Physician Fee Schedule cuts to supporting the Telehealth Extension Act
  • sent eight letters to State Regulators addressing down coding, balance billing and ED leveling policies
  • launched two Grassroots Campaigns to revise the Medicare Physician Fee Schedule and to prevent deep Medicare cuts
  • EDPMA also filed two Amicus Briefs successfully supporting litigation led by the Texas Medical Association.

These are just a few examples of EDPMA’s 2022 advocacy successes. To learn more about all of EDPMA’s 2022 advocacy successes and previous successes click here.

Need to connect with your elected officials? You can find their contact information here.

For questions regarding our advocacy efforts, contact us at [email protected]

Snapshots of Success

  • EDPMA was formed when Medicare Administrative Contractors (MACs) would not allow physicians to reassign their payment to physician groups because the physicians were not “employees” of the group.  EDPMA led the charge to change this policy — lobbying CMS, the Office of Inspector General, and Congress, and asking ACEP, AMA and others to join the fight.  Legislation was passed in 2003 which reversed this practice.  EDPMA continued to work closely with CMS to ensure that the implementing regulations and guidance work for physician groups, billing and coding companies, and our partners.
  • EDPMA was a leader in promoting physician participation in testing quality measures reporting mechanisms.   Emergency medicine had more early adopters of the Patient Quality Reporting Initiative (PQRI) than any other specialty.  CMS now recognizes EDPMA as an important and credible partner as it continues to develop new ways to tie reimbursement to quality.
  • For over a decade, EDPMA has successfully urged CMS to address delays in 855 application processing times and to improve enrollment procedures.  EDPMA regularly meets with CMS officials on these matters.
  • EDPMA helped stop state efforts to deny coverage to Medicaid patients receiving care in the emergency room who were protected by the prudent layperson standard.
  • EDPMA led the fight to protect the physicians’ right to continue to use the 1995 Medicare Documentation Guidelines for evaluation and management visits as an alternative to the 1997 Documentation Guidelines.  This important success makes it significantly easier to document care.
  • EDPMA joined with its coalition partners, such as ACEP and others, to prevent Washington State from limiting the number of emergency room visits covered by Medicaid.

EDPMA advocates on many topics impacting emergency department practices. Click here to view our advocacy letters. You must be a member to view these materials.