The Emergency Medical Treatment and Labor Act (EMTALA)
They specifically believed that the Emergency Medical Treatment and Labor Treatment Act (EMTALA) was also known as the “Patient Anti-Dumping” Act. It is a federal law designed to stop Medicare-participating hospitals with reasonably specialized emergency departments from severely restricting patient care based on financial circumstances (Vihstadt 2018). This rather important act will protect patients who are in emergencies, unable to meet the demands of therapy, and essentially left untreated. This law guarantees that all patients who visit hospitals or other healthcare facilities in an emergency shall receive care without being significantly hindered by financial constraints.
Most of the time, a medical screening check is required to ascertain the urgent condition, and treatments must be completed on time, regardless of whether patients typically have insurance coverage.
To show how this act assures that in emergencies, therapies are to be started and typically continued until the condition is most stabilized (Hackley 2021).
They explicitly believed that hospitals receiving an unstabilized emergency patient from another general hospital were permitted to do so.
When there are non-emergency medical conditions, such as:
A patient who is already hospitalized experiences an emergency condition during a typical pregnancy delivery.
The following are the penalties for breaking EMTALA:
Participating Hospitals are susceptible to civil penalties of up to $50,000 ($25,000 for hospitals with fewer than 100 beds) for any negligent breach of this section’s provisions. Section 1320a-7a (a) of this chapter replaces the provisions of that section (apart from subsections (a) and (b)). Terminate the contracts between doctors’ offices and hospitals as Medicare providers (Terp, Wang, et al. 2019).
Any physician who negligently violates a requirement of this section, subject to subparagraph (C), and who is responsible for the evaluation, treatment, or switch of a person in a participating medical facility, such as a physician on-call for the care of such a person.
(C) If, following a preliminary examination, a physician determines that the character requires the services of a physician listed on the medical institution’s list of on-name physicians (required to be maintained under segment 1395cc(a)(1)(I) of this title) and notifies the on-name physician, and the on-name physician fails or refuses to appear within a reasonable amount of time, the physician orders the switching of the character. However, the medical facility or the named physician who failed or refused to appear will no longer be subject to the clause above.
Conditions under which a hospital is essentially allowed to transfer a patient without health insurance (Fiedler 2020). They believed that an emergency patient could only typically be transported after being stabilized. A doctor must certify the advantages of transferring and removing the hazards. Contrary to popular assumption, if an unstable patient is transferred in particular, the transferring hospital must primarily offer continued treatment to reduce transfer risk (Wang, Kung, et al. 2018). In addition to ensuring that the recipient hospital has a significantly better treatment facility and specifically accepts the transfer, they must typically give copies of medical records (Randall 2020). The transfer must be done in a major way with qualified staff and the appropriate medical equipment. Most EMTALA regulations do not particularly apply to generally stable patients; they will only transfer if the patient is significantly unstable. According to widespread belief, hospitals must have space for patient care and be required to furnish copies of all patient medical data.
The person is scrutinized in this regulating statute. He will first undergo a medical screening exam and receive all the required examinations. Suppose the person has a medical emergency. In that situation, the patient is immediately stabilized and treated, and if the hospital lacks the necessary medical equipment or is incapable of treating the emergency medical condition, the patient is transferred to another hospital where he can receive all necessary emergency care following 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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