I am writing to oppose the ER Utilization Program due to take effect on July 1, 2020.  This program penalized Emergency providers and facilities for providing care to a patient population that often has the least access to care.

I am an Emergency Medicine physician in the Hampton Roads area.  Twenty six percent of the patients my group sees have Medicaid or a Medicaid HMO.  We have no control over when and how they seek care.  This policy violates the prudent layperson standard that has long been in effect. 

Penalizing the providers who have no choice in who they see or who seeks care in the Emergency Department is the wrong approach and will further decrease access to care for this vulnerable population.