The 2019 Edition of The EMTALA Answer Book shows how the Emergency Medical Treatment and Active Labor Act (EMTALA) and EMTALA laws affect not only emergency physicians but on-call physicians, specialists, and hospitals. And it shows how the feds have stepped up enforcement against EMTALA violations as well!
But most importantly, The EMTALA Answer Book shows you how to meet these EMTALA regulations and medical duties, stave off the legal threats, and avoid fines, bad publicity, and exclusion from Medicare.
EMTALA violations can arise out of many areas of emergency medical care. EMTALA regulations are complex, and you must take into account all aspects of EMTALA law in order to maintain complete EMTALA compliance. Some of the frequently asked questions that The EMTALA Answer Book addresses include:
- What constitutes an EMTALA violation?
- What documents will an EMTALA investigation team request?
- How do we prepare for an EMTALA request?
- How do EMTALA investigators select medical charts to review?
- What are EMTALA investigators looking for?
- What are the most common EMTALA violations leading to civil money penalties?
- Can an EMTALA investigation be expanded to governmental agencies other than CMS?
- Why are EMTALA Tags the key to good risk management?
- What are 12 things a hospital should do in response to an EMTALA investigation?
1. EMTALA Overview and Post-Enactment History
2. Comes to the Emergency Department
- Specific Issues Arising When a Person "Comes to the Emergency Department"
3. Medical Screening Examination
- Appropriateness of Screening
- Finding an Emergency
- Patient Consent and Payment
4. Treatment Required to Stabilize
- Stabilizing Treatment
- The Pregnant Patient
- Limits on Stabilization
- EMTALA Transfers
- Requirements for Transfer
- Receiving Hospitals
- Transportation Between Hospitals
- Patient Consent
6. Hospital Compliance with EMTALA
- Hospital Policies
- Logs and Patient Records
- Reporting and Billing
7. Administrative Enforcement of EMTALA
- The Administrative Investigation Process
- Civil Money Penalties
- Termination Penalties
- Physician Enforcement
- Public Disclosure of EMTALA Deficiencies
8. Private Civil Lawsuits Based on EMTALA
9. EMTALA and On-Call Physicians
- Hospital Duties
- Physician Duties
10. EMTALA and Managed Care
11. EMTALA and Psychiatry
12. EMTALA and Public Emergencies
13. Role of Quality Improvement Organizations
14. EMTALA Preemption
15. EMTALA and Whistleblower Protection
Afterword: EMTALA and the Affordable Care Act¿
- The Emergency Medical Treatment and Active Labor Act (EMTALA)
- EMTALA Regulations
- State Operations Manual
- Office of Inspector General—EMTALA—The Enforcement Process
- EMTALA Compliance Checklist
- Applicability of EMTALA to Hospital Inpatients and Hospitals with Specialized Capabilities (77 Fed. Reg. 5213-5217 (Feb. 2, 2012))
- The Legislative History of EMTALA
- Implementation of Emergency and Disaster–Related Policies and Procedures Relating to EMTALA: With and Without a Section 1135 Waiver
- Civil Monetary Settlements Published by the Inspector General, 2002–2017
- EMTALA Requirements and Implications Related to Ebola Virus Disease
- EMTALA Reported Cases: Supreme Court & Federal Circuit
- State Operations Manual
- QIO Manual—Chapter 9
- QIO Manual—Appendix 9-12—Physician Review Worksheet (Rev. 24, Issued: 02-12-16, Effective: 03-14-16, Implementation: 03-14-16)
TABLE OF CASES