ACS Advocacy Brief: May 9, 2024

ACS Supports Government Funding for Trauma, Cancer, and Workforce Programs

Congress has begun its annual appropriations process to allocate specific funding amounts to federal agencies and programs for fiscal year 2025. The ACS recently submitted written testimony to the US House Appropriations Subcommittee on Labor, Health, and Human Services as part of a multipronged approach to help ensure that ACS priorities are funded in FY 2025.

Specifically, the ACS encouraged Congress to fully fund the MISSION ZERO trauma readiness grant program, provide increased funding for cancer research and firearm injury prevention research at the Centers for Disease Control and Prevention and the National Institutes of Health, and fully fund the dormant National Health Care Workforce Commission. The goal of the multistakeholder commission is to advise lawmakers about healthcare workforce supply and demand, healthcare education and training activities, and provider compensation.

The Congressional appropriations process will continue over the next few months to examine federal programs and allocate funds. The ACS will continue to actively pursue opportunities to advance the College’s priorities through that process.

For more information, contact Amelia Suermann, ACS Senior Advisor for Congressional and Political Engagement at asuermann@facs.org.

College Comments on AI in Healthcare

The ACS recently responded to a Request for Information from Representative Ami Bera, MD (D-CA), a co-founder of the Health Care Innovation Caucus and member of a bipartisan House Task Force on Artificial Intelligence (AI). 

In its comments, the ACS discussed the importance of ensuring that AI tools are trained and maintained with high-quality, diverse, valid, and representative data; are regularly assessed for accuracy and reliability; that regulators engage clinical experts in the assessment of AI health tools; and that physician’s clinical judgement remains paramount. 

Congress has an important role in establishing the regulatory framework that will govern the use of AI in healthcare. The College notes that a collaborative effort between federal agencies, such as the Food and Drug Administration, and outside stakeholders with clinical and technical expertise is critical and encourages Congress to consider the resources and infrastructure necessary to meet this goal. 

The ACS thanks Rep. Bera and Congress for its thoughtful attention to AI in healthcare and looks forward to working with lawmakers on this important issue.

Advocate for Yourself and the Profession

Healthcare policy, including the ones that impact surgery, is constantly changing—with or without input from surgeons.

As experts in surgery, you know what is best for your patients and the medical profession and see changing trends and challenges in healthcare firsthand. Policymakers want to hear from you, as you bring expertise on relevant healthcare issues that are currently being considered on Capitol Hill.

One of the easiest and most effective ways to be an advocate for surgery is regularly participating in SurgeonsVoice grassroots calls to action. Through SurgeonsVoice, you can quickly and easily use prewritten letters and send them to your representatives and senators, showing your support for important healthcare-related issues, such as Medicare physician payment, banning noncompete agreements, trauma programs, and several other focus areas.

Already in 2024, surgeon action has reached the highest levels of federal government as hundreds of surgeons reached out to their Senators explaining how Medicare payment cuts are affecting their practice. Your action has an impact.

Regularly engaging with members of Congress and their staff and serving as a trusted resource on issues of importance to surgeons and the surgical patient is an essential part of establishing yourself as a surgeon advocate. 

Be an advocate for the House of Surgery and surgeons everywhere!

Leadership & Advocacy Summit Unites Surgeons, Inspires Change

The 2024 ACS Leadership & Advocacy Summit, held April 13–16 in Washington, DC, had more than 700 surgeons attendees, in person and virtual, and underscored the vital intersection of leadership and advocacy in shaping the future of surgical practice.

“We brought together a slate of amazing individuals who all share one common trait: they are all Fellows of the American College of Surgeons,” said Michael J. Sutherland, MD, MBA, FACS, Director of the ACS Division of Member Services. “These formidable surgeons shared insights and expertise from their personal journeys to help us all become better leaders.”

Importantly, it was the first time that the leadership presentations were interspersed with advocacy topics to help provide the important throughline between learning about leadership and taking action.

A highlight of the conference was the annual visits to Capitol Hill, where 215 Advocacy Summit attendees from 39 states met with legislators and their teams in 212 meetings to discuss advancing ACS priorities.

See photos and read the full story in the May Bulletin.

Ban on Noncompete Agreements Has Implications for Healthcare Workers

The Federal Trade Commission (FTC) has announced a ban of noncompete agreements in virtually all US employment contracts, which will impact healthcare workers, including surgeons. The FTC voted 3-2 to issue corresponding regulations that would go into effect 120 days after publication of the rule in the Federal Register. 

The FTC estimates that banning noncompete agreements will result in reduced healthcare costs of between $74 billion and $194 billion in the next decade while increasing worker earnings. It is suggested that the ruling may allow physicians flexibility in changing their employment location more easily without uprooting them from their communities or even states of practice.

The ruling aligns with the College’s 2023 letter, sent during the public comment period after the ban was initially proposed, which highlighted that noncompete agreements can have a detrimental affect on patient care by affecting their access to the best surgeons, as well as on the ability of surgeons to seek their optimal work environment and for hospitals to compete for employment of well-suited surgeons.

After the ruling, Patricia L. Turner, MD, MBA, FACS, ACS Executive Director & CEO, sent a communication to members that explained the situation and the College’s support, noting:

“The ACS applauds this vote, however, there remain significant questions regarding the FTC’s jurisdiction over nonprofit entities, including nonprofit hospitals. Some experts question whether the FTC has the jurisdiction to issue this ban at all. The US Chamber of Commerce has already filed suit in court in an effort to block these regulations from being implemented.

“The ACS will continue to aggressively advocate for legislation that would ban noncompete clauses. We must limit the increasing control that large corporations have on the healthcare system and the resulting negative impact on our members and the physician/patient relationship,” Dr. Turner said.

You can play an important part in advancing this ruling. Urge your Members of Congress to support legislation banning noncompete clauses by visiting surgeonsvoice.org.