Press Releases

WASHINGTON, D.C. – Last week, Representative Jodey Arrington (TX-19) and members of the Texas Delegation introduced legislation in the U.S. House of Representatives to expand access to emergency care for Texas seniors. The bill, H.R. 8597, is supported by the American College of Emergency Physicians (ACEP) and the National Association of Freestanding Emergency Centers (NAFEC). 

“Since Texas began licensing freestanding emergency centers (FEC) in 2010, they have now grown and expanded to more than 200 facilities across several states. The benefit these facilities have provided throughout the pandemic is undeniable; however, in classic fashion, the government has lagged behind the pace of healthcare innovation,” said Rep. Arrington. “Unless Congress enacts a law providing permanent recognition to FECs before President Biden ends the current Public Health Emergency, Medicare beneficiaries will face a critical lack of emergency care options. I encourage my colleagues to join me in supporting the Emergency Care Improvement Act to expand healthcare access for seniors across the board.”

ACEP President Gillian Schmitz, MD, FACEP, commended Rep. Arrington for his efforts on this issue.

“As our health care system continues to evolve, patients deserve access to the high-quality, lifesaving emergency care they need, no matter where they are,” said Schmitz. “ACEP thanks Rep. Arrington for introducing the Emergency Care Improvement Act that will help ensure freestanding emergency centers can continue to fully serve patients and increase access to care in their communities.”

NAFEC President Rhonda Sandel recognized Rep. Arrington for his leadership.

“FECs are an essential part of our nation’s healthcare system, providing high-quality, cost-effective care to millions of patients each year,” said Sandel. “We are grateful for Rep. Arrington’s leadership in expanding access to quality emergency care for all Americans. Many FECs have been providing care to Medicare beneficiaries since the beginning of the pandemic under a temporary program established by CMS. But unless the statute is updated to provide permanent recognition, these beneficiaries will lose access to their FECs when the Public Health Emergency terminates.”

Background on the Legislation:

• To expand provider capacity to respond to the Covid-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) issued a waiver in April 2020 to allow FECs to enroll as Medicare-certified hospitals and receive Medicare reimbursement for the duration of the Public Health Emergency.

• FECs are fully licensed emergency departments that are staffed by both Emergency Medicine trained physicians and registered nurses who are on-site 24 hours a day, seven days a week and possess licensed pharmacies, clinical labs, and advanced imaging services. FECs are state-licensed and adhere to the same standards and provide the same level of care as Hospital Based Emergency Rooms (HBER), including state Emergency Medical Treatment and Labor Act (EMTALA) regulations on treating all patients.

• Over 110 FECs, mostly located in Texas, enrolled and have been providing high quality emergency services for all kinds of emergency conditions at a significant savings to the Medicare program to thousands of Medicare beneficiaries. 

• An actuarial study of Medicare claims data found that FECs did not increase overall utilization of emergency care services and saved Medicare programs 21.8% in lower emergency care payments for patients of similar acuity.

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