Emergency Medical Treatment and Labor Act (EMTALA) - Compliance Updates Every Hospital Must Know

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Every hospital that has a dedicated emergency department and accepts Medicare and Medicaid payment must follow the federal law and the Center for Medicare and Medicaid Services (CMS) Conditions of Participation Interpretive Guidelines on the Emergency Medical Treatment and Labor Act (EMTALA).

Hospitals without such emergency departments must comply with EMTALA if they have specialized capabilities. For example, EMTALA can impact obstetrical patients and behavioral health patients.

This webinar will cover the CMS regulations and interpretive guidelines regarding EMTALA. It will cover all twelve sections – Tag Numbers – plus an additional section for on-call physicians and the shared and community care plan process.

This webinar will include a discussion of a case that has created an enormous expansion of hospital and practitioner liability under federal law. The case, Moses v. Providence Hospital and Medical Centers, Inc., No. 07-2111 (6th Cir. April 2009), overruled the CMS regulation that EMTALA obligations end when the hospital admits the patient in good faith. The case illustrates the importance of understanding the role that case law has in the outcome of EMTALA litigation: patients can complain to CMS and request an investigation, or they have the option of going and directly filing a lawsuit. It is anticipated that healthcare will see larger EMTALA fines and more activity because of the higher fines and the OIG final changes. These changes are not in the CMS CoPs and will be discussed.

Learning Objectives:-

Recall that CMS has a manual on EMTALA that all hospitals that accept Medicare must follow.
Describe the requirement that hospitals must maintain a central log.
Discuss the hospital's requirement to maintain a list of the specific names of physicians who are on call to evaluate emergency department patients.
Describe the CMS requirements on what must be in the EMTALA sign.
Discuss when the hospital must complete a certification of false labor.

Agenda:-

Introduction and History of EMTALA
Basic concept of EMTALA
History of EMTALA
Recent court cases
CMS Conditions of Participation – EMTALA
EMTALA sign requirements
To whom EMTALA applies
Reasonable registration process
Financial questions from patients
Patients who sign out AMA
Whistle Blower protections
Specialized capability
Capacity definitions
EMTALA violations and money penalty cases
Hospital reporting requirements – “Dumping”
Retention of medical records
On-call physician issues
Community Call Plan (CCP)
Simultaneous on-call
Elective surgeries and on-call
Sending a representative
Response times
Central log
Special Responsibilities
The meaning of “comes to the ED”
Definition of hospital property
EMTALA and outpatients
Medical screening exam
Certification of false labor
Born Alive law and EMTALA
Minor child request for treatment
Ambulance and EMTALA
Telemetry
When diversion is allowed
Parking of patients
Helipad
Qualified Medical Provider (QMP)
Definition of Inpatient
Moses Case
Requests for medications
Blood alcohol tests
Emergency medical condition and stabilization
OB patients and MEC
Born-Alive Infant Protection Act and MLN clarification.

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