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EMTALA Answer Book, 2021 Edition by Jeffrey C. Moffat EMTALA Answer Book, 2021 Edition by Jeffrey C. Moffat

EMTALA Answer Book, 2021 Edition

By Jeffrey C. Moffat
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The EMTALA Answer Book provides an authoritative, easy-to-access guide for addressing the thorny issues surrounding EMTALA for emergency department physicians, emergency nurse managers, emergency administrators, and risk managers, helping them to understand the implications of their decisions vis-à-vis this law. The potentially problematic aspects of medical screening, treatment, transfer, and other EMTALA responsibilities of hospitals are explored from the medical perspective, and practical suggestions for compliance are provided.

Highlights of the 2021 Edition include:

  • Important updates to EMTALA, especially those related to COVID-19, include:
    • A fully revised Chapter 12, “EMTALA and Public Emergencies,” which discusses EMTALA and COVID-19.
    • New Appendix P, “EMTALA Requirements and Implications Related to Coronavirus Disease 2019,” which contains key CMS documents detailing the changes to the way in which CMS is enforcing EMTALA during COVID-19 pandemic.
  • A revision to sections of Chapter 2, “Comes to the Emergency Room,” that deal with Section 1135 waivers of EMTALA sanctions during emergencies and pandemics have been updated
  • The 2019 changes to sections of the CMS State Operations manual dealing with administrative enforcement of EMTALA
  • A revised Chapter 15, “EMTALA and Whistleblower Protection,” with the latest favorable developments protecting hospitals against whistleblowers
  • Discussions of the most recent court decisions including under what circumstances heirs of a deceased patient may sue for claimed EMTALA violations, and limitations on the long-held rule that the hospital’s duty to stabilize a patient with an emergency condition ends with the admission or transfer of the patient
  • New EMTALA-related settlements published by the Office of Inspector General
  • Selections from the State Operations Manual pertaining to EMTALA investigations

Previous Edition: EMTALA Answer Book, 2020 Edition, ISBN 9781543810356

Resources Highlight
Pages 980
Last Updated 10/09/2020
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543818161
SKU 10045012-0005
Resources Highlight
Publish Frequency Annually
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

  • 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)