Subject: AANS/CNS Endorsement of H.R. 3984, the Health Care Safety Net Enhancement Act
Dear Representatives Flores, Marshall and Babin:
On behalf of the American Association of Neurological Surgeons (AANS) and the Congress of Neurological
Surgeons (CNS), we are pleased to support your legislation, H.R. 3984, the Health Care Safety Net
Enhancement Act of 2019.
If enacted, this legislation will help ensure that patients have 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 under
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 risk of being sued and the increased professional liability
costs — which are far higher than for those who do not provide such care — may reduce the availability of oncall specialists who cover fewer emergency departments than is necessary.
Congress must act now to protect access to emergency care for all Americans, insured and uninsured alike.
We thank you for your continued leadership and look forward to working with you to pass this important
legislation.
Read full letter here
