The Emergency Medical Treatment and Labor Act (EMTALA)
The Emergency Medical Treatment and Labor Treatment Act (EMTALA) is mostly also referred to as the “Patient Anti-Dumping” statute, or so they specifically thought. It is a federal statute that is particularly intended to prevent Medicare-participating hospitals with fairly specialized emergency departments from refusing to treat people based on their ability to pay in a major way (Vihstadt 2018). Patients in emergency conditions, unable to meet the demands of treatment, and essentially left untreated will be protected by this act, which essentially is fairly significant. This regulation ensures that all patients that mostly come to hospitals or medical centers in emergency conditions will, for the most part, be treated without the ability to pay the bills in a major way.
- Individuals must, for the most part, receive a medical screening examination to determine how emergency the situation is in a subtle Examination, and treatments cannot be delayed whether or not knowing patients generally have insurance coverage.
- In emergency conditions, treatments specifically are to be initiated and generally carried on until the condition, for the most part, is stabilized, demonstrating how this Act ensures (Hackley 2021).
- Hospitals receiving an unstabilized emergency patient from another general hospital are allowed to, or so they specifically thought.
Report to CMS.
EMTALA is not guaranteed under non-emergency medical conditions like:
In a normal pregnancy delivery, a patient already in the hospital develops an emergency condition.
The fines provided for violating EMTALA are:
Participating Hospitals that negligently violate the requirements of this section are subject to civil penalties of up to $50,000 ($25,000 for hospitals with fewer than 100 beds) for each such violation. The provisions of Section 1320a-7a of this title (excluding subsections (a) and (b)) are superseded by Section 1320a-7a (a) of this title. Terminate hospitals or physician’s Medicare provider agreements (Terp, Wang, et al. 2019).
Subject to subparagraph (C), any medical doctor answerable for the examination, treatment, or switch of a character in a taking part medical institution, such as a medical doctor on-name for the care of such a character, and who negligently violates a demand of this segment.
(C) If, after a preliminary examination, a medical doctor determines that the character calls for the offerings of a medical doctor indexed with the aid of using the medical institution on its listing of on-name physicians (required to be maintained below segment 1395cc (a)(1)(I) of this title) and notifies the on-name medical doctor and the on-name medical doctor fails or refuses to seem inside an affordable length of time, and the medical doctor orders the switch of the character due to the fact the medical doctor determines that without the offerings of the on-name medical doctor, the blessings of switch outweigh the dangers of a switch, the medical doctor authorizing the switch shall now no longer be a problem to a penalty below subparagraph (B) (Terp, Wang, et al. 2019). However, the preceding sentence shall no longer observe the medical institution or the on-name medical doctor who failed or refused to seem.
Conditions under which, for all intents and purposes hospital kind of is permitted to transfer a patient without healthcare coverage (Fiedler 2020). An emergency patient can only generally be transferred after being stabilized, or so they thought. A physician has to certify the benefits of transferring, eliminating the risks, which is quite significant. If an unstable patient is particularly transferred, then the transferring for all intents and purposes hospital must mostly provide ongoing care to minimize transfer risk, contrary to popular belief (Wang, Kung et al. 2018). They must mostly provide copies of medical records and must ensure that the receiving kind of hospital mostly has pretty much better treatment facility and should specifically accept the transfer, which kind of is quite significant (Randall 2020). The transfer must be made with qualified personnel and proper medical equipment in a generally big way. EMTALA provisions mostly do not particularly apply to pretty stable patients; they will transfer in only one condition if the patient is unstable in a big way. The hospital also needs to mostly provide copies of all medical records of patients and receiving, hospitals must essentially have space for the treatment of patients, or so they generally thought.
In this regulation act, the person is examined. First, he will undergo a medical screening examination, and all the necessary checkups will be done. Suppose an emergency condition exists in the person. In that case, the person is immediately stabilized and treated, and if the hospital does not have proper medical facilities or hospital is not capable for treatment of the emergency medical condition, then in such condition, ’s hospital immediately transfers the patient to another hospital where he can get all emergency treatment according to EMTALA provisions.
Fiedler, M. (2020). “Capping Prices or Creating a Public Option: How Would They Change What We Pay for Health Care?” USC-Brookings Schaeffer Initiative for Health Policy.
Hackley, M. R. (2021). “EMTALA: A Practical Primer for Risk Managers.”
Randall, W. A. (2020). How Intensive Care Unit Nurses Conceive of Personal and Professional Risk when Exercising Clinical Autonomy, University of California, Davis.
Terp, S., B. Wang, E. Burner, D. Connor, S. A. Seabury and M. Menchine (2019). “Civil monetary penalties resulting from violations of the Emergency Medical Treatment and Labor Act (EMTALA) involving psychiatric emergencies, 2002 to 2018.” Academic Emergency Medicine 26(5): 470-478.
Vihstadt, J. (2018). “EMTALA’s Impact on Patients’ Rights in Colorado Emergency Rooms.” U. Colo. L. Rev. 89: 219.
Wang, Y., L. Kung and T. A. Byrd (2018). “Big data analytics: Understanding its capabilities and potential benefits for healthcare organizations.” Technological forecasting and social change 126: 3-13.
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Before beginning work on this assignment, please review the expanded grading rubric for specific instructions relating to content and formatting.
The Emergency Medical Treatment and Labor Act (EMTALA) is one of the most critical yet misunderstood regulations in Healthcare. What is Anti Dumping? Who is intended to be protected by this act?
- Outline what is guaranteed and what is not guaranteed within this act.
- Discuss the fines provided for by the act and include examples of hospitals fined for not complying with this act.
- Describe and analyze the conditions under which a hospital can transfer a patient without healthcare coverage.
Use resources from the Week 1 assignment and the following from South University Library as necessary.
Terp, S., Seabury, S. A., Arora, S., Eads, A., Lam, C. N., & Menchine, M. (2017). Enforcement of the emergency medical treatment and Labor Act, 2005 to 2014. Annals of Emergency Medicine, 69(2), 155-162.e1. doi:10.1016/j.annemergmed.2016.05.021
Zuabi, N., Weiss, L. D., & Langdorf, M. I. (2016). Emergency medical treatment and labor act (EMTALA) 2002-15: Review of Office of inspector general patient dumping settlements. The Western Journal of Emergency Medicine, 17(3), 245-251. doi:10.5811/westjem.2016.3.29705
McDonnell, W. M., Gee, C. A., Mecham, N., Dahl-Olsen, J., & Guenther, E. (2013). Does the emergency medical treatment and labor act affect emergency department use? The Journal of Emergency Medicine, 44(1), 209. doi:10.1016/j.jemermed.2012.01.042
To support your work, use your course and textbook readings and the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
- Your assignment should be addressed in a 2- to 3-page document.
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