1 of 14

Slide Notes

DownloadGo Live

EMTALA

Published on Nov 18, 2015

No Description

PRESENTATION OUTLINE

EMTALA

EMERGENCY MEDICAL TREATMENT ACTIVE LABOR ACT

WHAT IS EMTALA

AND WHAT STAFF NEEDS TO KNOW

WHAT is EMTALA

  • EMTALA IS THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT
  • ENACTED IN 1986 TO ADDRESS THE PRACTICE OF "PATIENT DUMPING" OF
  • INDIGENT PATIENTS IN EMERGENCY SITUATIONS.
  • BASIC REQUIREMENT IS TO PROVIDE APPROPRIATE MEDICAL SCREENING TO
  • DETERMINE IF A EMERGENCY MEDICAL EXISTS.

PRINCIPLES OF EMTALA

  • ANYONE PRESENTING TO THE ED OR HOSPITAL CAMPUS
  • REQUESTING MEDICAL TREATMENT IS ENTITLED TO A MSE
  • THE MSE INVOLVES A PROCESS OF SUFFICIENT COPE TO CONCLUDE,WITH REASONABLE CLINICAL CONFIDENCE, WHETHER AN EMERGENCY
  • MEDICAL CONDITION DOES OR DOES NOT EXIST
  • IF THE NATURE OF THE REQUEST IS NOT EMERGENT, THE REQUIREMENT TO PERFORM A SCREENING APPROPRIATE FOR ANY INDIVIDUAL PRESENTING IN THE SAME MANNER.

Dedicated Emergency Department

  • Meets at least one of the following:
  • Licensed under applicable state law as an ED
  • Held out to the public as a place that provides care on an urgent basis wihout appointment
  • At least 1/3 of outpatient visits for the previous calendar year were for the treatment of EMC

ROLE OF ON-CALL PHYSICIANS IF YOU ARE ON CALL, YOU ARE OBLIGATED UNDER EMTALA TO COME TO THE ED WHEN REQUESTED BY AN ED PHYSICIAN

  • MUST MAKE ARRAGEMENS TO DATISFY OBLIGATIONS, IF HE/SHE IS SCHEDULED TO PERFORM ELECTIVE PROCEFURES DURING THE ON-CALL PERIOD
  • ON-CALL SPECIALIST WHO ARE NOTIFIED AND FAIL TO RESPOND IN A TIME MANNER OR REFUSE TO TREAT , WHICH RESULTS IN PATIENT TRANSFER
  • RISK CIVIL PENALTIES FOR THE HOSPITAL AND PHYSCISN
  • TERMINATION OF PARTICIPATION IN MEDICARE/MEDICAID PROGRAMS

Keypoints

  • Maintain a central log & on call list
  • Triage for chief complaint & urgency
  • Do not delay the MSE to verify method of payment
  • Define qualified MSE examiner
  • Perform medically indicated tests to rule out or confirm EMC

Compliance Requirements

  • Hospital shall maintain records for 5 years
  • central log
  • Transfer records
  • physicisan on call list

Hospital owned/operated ambulances are exempt IF:

  • The examination or treatment of an individual inan ambulance owned by a hospital is NOT subject to EMTALA if
  • if it operates under community wide EMS protocols
  • operates at the direction of a physician not employed or affiliated with the hospital
Photo by Matlock-Photo

Who gets screened

  • Anyone presenting to the ED or hospital campus requesting treatment for a medical condition is entitled to a MSE
  • and then if warranted, stabilization and transfer.
  • If the nature of the request of an individual is not an emergency, the requirement to perform MSE
  • a screening appropriate for any individual presenting in the same manner

Stabilizing and Transfer

STABILIZATION

  • Provision of treatment for the EMC to ensure , within reasonable medical probablity, that no material deterioration of the EMC is likely to result from, or occur
  • during, the transfer of the patient
  • Women in labor are considered stabilized if the woman has delivered the child and the placenta

Transfer Keypoints

  • Stabilize patient, send records
  • Confirm capability & capacity
  • Document risks & benefits to support need for transfer
  • Provide appropriate transport
  • Maintain records for 5 years

EMTALA VIOLATIONS

  • Potential $50,000 fine per patient incident
  • Termination from Medicare & Medicaid
  • Potential lawsuit for civil damanges
  • Potential lawsuit for civil rights violation
  • Publication of the violation and penalty