GOVERNMENT AND NATIONAL AFFAIRS COMMITTEE
An Update on Due Process Gregory Jasani, MD FAAEM, Government and National Affairs Committee Co-Chair
D
ue process is the right to appeal a termination through a hearing before a committee of members of the hospital staff. It is a right that every emergency medicine physician should have. Unfortunately, many of us do not. Many contracts, especially those offered by Corporate Medical Groups, force us to waive those rights. As emergency medicine physicians, we have a duty to advocate for our patients, many of whom are disadvantaged and vulnerable. Yet, advocating for ourselves and our patients can create friction with hospital and CMG leadership. Without due process protection, we may be forced to choose between protecting our patients and protecting our livelihoods. Fortunately, the issue of enshrining due process protections for emergency medicine physicians has reached our legislators in Congress. During a previous session, Reps. Ruiz (D-CA) and Marshall (R-KS), both physicians themselves, introduced a bill to make it illegal for hospitals or CMGs to force physicians to waive their due process protections as a condition of employment. Sadly, as with many bills introduced in Congress, this one never made it to the floor for a vote. AAEM is committed to ensuring this legislation ultimately passes. The Board of Directors and our lobbyists are working with supportive members of Congress to determine the best path forward for this bill. Most likely, the due process legislation will be added on as an amendment to another bill that is already on the floor for a vote. Although bipartisanship may seem increasingly rare these days, this issue actually enjoys a fair amount of it. Currently, our lobbyists have identified Democrats and Republicans in the House who would be willing to sponsor the bill (either as its own bill or as an amendment). In the Senate, we have Republicans who are willing to sponsor this legislation. However, we do not currently have a Democratic senator who has committed to supporting this legislation.
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COMMON SENSE SEPTEMBER/OCTOBER 2023
Finding a supportive Democratic senator is currently our biggest need on this issue. Having bicameral support across the aisle will not only facilitate the legislation’s passage but will also send a strong message that our government supports our right to fair employment practices. On behalf of the Government and National Affairs Committee, I am asking all of you to write to your senators and congressmen and women to tell them how important this issue is to you. Certainly, if you live in a state with a Democratic senator, please let him or her know how vital this issue is to your ability to advocate for your patients (see the list of Democratic senators on page 22). However, even if your state does not have a Democratic senator, still write! Your members need to hear from you on this issue. If you are having writer’s block, the Government and National Affairs Committee will be circulating a form letter you can use. We are physicians but we are also advocates for our patients. To properly do either job, we can’t be worried that we can be arbitrarily fired. Due process is a right but a right many of us are sadly denied. We can change that. Let your legislators know that this issue is a significant issue for you. Hopefully, this will be the last Congressional Session where AAEM has to lobby for it.
“The issue of enshrining due process protections for EM physicians has reached our legislators in Congress… Sadly, as with many bills introduced in Congress, this one never made it to the floor for a vote”