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EMTALA Answer Book, 2019 Edition EMTALA Answer Book, 2019 Edition

EMTALA Answer Book, 2019 Edition

By Jeffrey C. Moffat
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The 2019 Edition of The EMTALA Answer Book shows how the Emergency Medical Treatment and Active Labor Act (EMTALA) affects not only emergency physicians but on-call physicians, specialists, and hospitals. And it shows how the feds have stepped up enforcement against EMTALA violations.

But most importantly, The EMTALA Answer Book shows you how to meet these medical duties, stave off these legal threats, and avoid fines, bad publicity, and exclusion from Medicare.

Some of the questions that The EMTALA Answer Book addresses include:

  • What documents will an EMTALA investigation team request and how to prepare for such a request?
  • How do EMTALA investigators select medical charts to review and what are they 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?

Previous Edition: EMTALA Answer Book, 2018 Edition, ISBN 9781454885061

Last Updated 10/25/2018
Update Frequency Published annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543800036
SKU 10045012-0003
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010041878
Table of Contents

1. EMTALA Overview and Post-Enactment History

2. Comes to the Emergency Department

  • Locations
  • Persons
  • Specific Issues Arising When a Person "Comes to the Emergency Department"

3. Medical Screening Examination

  • Appropriateness of Screening
  • Finding an Emergency
  • Misdiagnosis
  • Patient Consent and Payment

4. Treatment Required to Stabilize

  • Stabilizing Treatment
  • The Pregnant Patient
  • Limits on Stabilization

5. Transfers

  • 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

  • Administrative Enforcement Process
  • Civil Money Penalties
  • Termination Penalties
  • Physician Enforcement

8. Private Civil Lawsuits Based on EMTALA

9. EMTALA and On-Call Physicians

  • Hospital Duties
  • Physician Duties
  • EMTALA and Employment Issues

10. EMTALA and Managed Care

11. EMTALA and Psychiatry

12. Role of Quality Improvement Organizations

13. EMTALA Preemption

14. EMTALA and the Affordable Care Act¿


  • The Emergency Medical Treatment and Active Labor Act (EMTALA)
  • EMTALA Regulations
  • State Operations Manual: Provider Certification
  • Glossary
  • 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, 2002–2013
  • 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)