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

Our group of 140 providers is the safety net for these patients in Hampton Roads and 26% of the patients we see have Medicaid or a Medicaid HMO.  We have no control over when and how they seek care.  The list of 800+ conditions that will be arbitrarily down-coded to the lowest level of service regardless of the care we provide contains numerous potentially life threatening conditions and this policy violates the prudent layperson standard that has long been in effect.  

Decreasing preventable ER visits is a laudable goal, but 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.