Dear Representatives Dent and Sessions:
On behalf of the American Association of Neurological Surgeons (AANS) and Congress of Neurological
Surgeons (CNS), we are pleased to support your legislation, H.R. 36, the Health Care Safety Net
Enhancement Act of 2013.
The Health Care Safety Net Enhancement Act of 2013 will address the growing crisis in access to emergency
care by extending liability protections to on-call and emergency physicians through the Federal Tort Claims
Act. Specifically, the bill would ensure that emergency department and on-call physicians who are providing
medical services pursuant to the Emergency Medical Treatment and Labor Act (EMTALA) receive the same
liability coverage currently extended to employees of Community Health Centers and health professionals
who provide Medicaid services at free clinics.
As on-call specialists, neurosurgeons perform lifesaving feats every day, often making quick, life-and-death
decisions with minimal information about the patient. This lifesaving care is inherently risky and exposes
these specialists to an increased likelihood of litigation because emergency and trauma patients are often
sicker, have more serious complications and usually have no pre-existing relationship with the emergency
physician or the on-call specialist. Unfortunately, the high-risk of being sued and the increased professional
liability costs — which are far higher than for those who do not provide such care — have reduced the pool of
on-call specialists to dangerously low levels.
Congress must act now to protect access to emergency care for all Americans, insured and uninsured alike.
We thank you for your leadership and look forward to working with you to pass this important legislation
…
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