Policy Statements demographic data, including granular data on patient sex, race, ethnicity, and language preference, which allows the optimization of practice resources to improve quality and achieve health equity. Approved June 2014 Revised and approved by the ACEP Board of Directors June 2014 with new title “Emergency Care Electronic Data Collection and Exchange” Revised and approved by the ACEP Board of Directors January 2007 with new title “Emergency Care Data” Reaffirmed by the ACEP Board of Directors October 2000 Approved by the ACEP Board of Directors December 1996 Originally, this statement replaced a board motion titled “Emergency Department Data” approved December 1996 http://dx.doi.org/10.1016/j.annemergmed.2014.08.028

Freestanding Emergency Departments [Ann Emerg Med. 2014;64:562.] A freestanding emergency department (FSED) is a facility that is structurally separate and distinct from a hospital and provides emergency care. There are 2 distinct types of FSEDs: a hospital outpatient department (HOPD), also referred to as an off-site hospital-based or satellite emergency department (ED), and independent freestanding emergency centers (IFECs). The number of FSEDs is increasing rapidly with an ever-changing regulatory and health care environment. HOPDs are owned and operated by medical centers or hospital systems. By federal regulations, if the medical center or hospital system accepts Medicare or Medicaid payments for emergency services at a HOPD, the HOPD falls under the same rules and regulations of the Centers for Medicare & Medicaid Services (CMS) as the ED of the medical center or hospital and must comply with all CMS conditions of participation. State licensing rules and regulations governing facilities that do not seek CMS approval for Medicare or Medicaid reimbursement for the technical component of their services are often inconsistent, unclear, or nonexistent. IFECs are owned, in whole or in part, by independent groups or by individuals. Some states have created licensing criteria to govern IFECs that closely follow the intent of the Emergency Medical Treatment and Labor Act and other rules and regulations. Many states do not currently address licensing rules for IFECs. CMS does not recognize IFECs as EDs. Therefore, it does not allow Medicare or Medicaid payment for the technical component of services provided by IFECs.1 The American College of Emergency Physicians (ACEP) believes that any FSED facility that presents itself as an ED, regardless of whether it is a HOPD or an IFEC, should:  be available to the public 24 hours a day, 7 days a week, 365 days per year;  be staffed by appropriately qualified emergency physicians;  have adequate medical and nursing personnel qualified in emergency care to meet the written emergency procedures and needs anticipated by the facility; 562 Annals of Emergency Medicine

 be staffed at all times by a registered nurse with a minimum requirement of current certification in advanced cardiac life support and pediatric advanced life support; and  have policy agreements and procedures in place to provide effective and efficient transfer to a higher level of care if needed (ie, catheterization laboratories, surgery, ICU). ACEP believes that all FSEDs must follow the intent of the Emergency Medical Treatment and Labor Act statute and that all individuals arriving at an FSED should be provided an appropriate medical screening examination by qualified medical personnel, including ancillary services, to determine whether the individual needs emergency care. The FSED should provide stabilizing treatment within the capability of the facility and should have a mechanism in place to arrange an appropriate transfer to the definitive care facility, if appropriate, for the patient to receive necessary stabilizing treatment regardless of the patient’s ability to pay or method of payment. FSEDs should have the same standards as hospital-based EDs for quality improvement, medical leadership, medical directors, credentialing, and appropriate policies for referrals to primary and specialty physicians for aftercare. Value-based payments should consider the intrinsic differences between FSEDs and hospital-based EDs. ACEP encourages all states to have regulations about FSEDs that are developed in close relationship with the ACEP chapter in the state. ACEP believes that all FSEDs (both HOPDs and IFECs) that adhere to the standards set forth in this policy should be reimbursed by Medicare, Medicaid, and third-party payers. Approved June 2014 Approved by the ACEP Board of Directors June 2014 REFERENCE 1. CMS S&C memo 08-08, 2008 requirements for provider-based offcampus emergency departments and hospitals that specialize in the provision of emergency services. January 11, 2008. http://dx.doi.org/10.1016/j.annemergmed.2014.08.030

911 Caller Good Samaritan Laws [Ann Emerg Med. 2014;64:562.] To encourage the public to call for help during a potential overdose, the American College of Emergency Physicians (ACEP) supports the widespread passage of laws eliminating legal liability for good-faith reporting of emergencies through 911 and other official communication channels. ACEP also supports public participation, education, funding, and coordination for successful implementation of such laws. Approved June 2014 Approved by the ACEP Board of Directors June 2014 http://dx.doi.org/10.1016/j.annemergmed.2014.08.029

Volume 64, no. 5 : November 2014

Freestanding emergency departments. Policy statement.

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