EMTALA - Resources

EMTALA Overview

Link to a copy of the statute

Link to a copy of the regulations

Link to HCFA position on preauthorization for emergency department visit

Steven Frew, J.D's www.medlaw.com
5/8/01 - (Includes an updated text of the law and the latest compilation of the regulation to update the regulatory language with
the OPPS material)

www.emtala.com

NEWS

(5/6/02) Stephen Frew has published two interesting updates. We've added them to the site:

	"The newest government advisory committee on EMTALA is headed for another disaster if their initial draft statement of issues and reform is an indicator."
	NATIONAL HOSPITAL SURVEY SUGGESTS WIDE-SPREAD EMTALA VIOLATIONS AT THE ED TRIAGE DESK

ACEP Files Brief in Important Malpractice Case ACEP has filed its second "friend of the court" brief in a case that could have far reaching implications for emergency physicians facing malpractice lawsuits. The brief is the latest action by the College in a case where an emergency physician faces a potential multi-million dollar judgment for intentional tort, which is defined as performing an act that results in harm. UPDATE 2/12/02 Court Rules for Emergency Physician in Malpractice Case

(1/2/02) LA Times 'On Call' but Not Replying "Physician specialists increasingly refuse to drop what they are doing to care for strangers in emergency rooms. The evidence of danger to patients is mounting."

(11/11/01) American Medical Association: La. ruling could hurt emergency care. If a Louisiana Court of Appeals ruling stands, physicians could be vulnerable to private lawsuits for their decisions to transfer patients who come into emergency departments.

(11/11/01) Another update from Mr. Frew: JCAHO, Pain Scale, and Drug Seeking Conduct

(11/4/01) A special update from Stephen Frew regarding CHANGE OF RECOMMENDATIONS ON REPORTING

(10/9/01) From Steven Frew's medlaw.com: THOMPSON AGENDA FOR EMTATLA

(10/4/01) American Health Consultants: EMTALA: How can you know when is enough and when you've gone too far? "The Centers for Medicaid and Medicare Services (CMS, formerly the Health Care Financing Administration) recently issued a set of clarifications intended to answer some nagging questions about how to comply with EMTALA, but sources tell Healthcare Risk Management that the clarification makes EMTALA as clear as mud. Of particular concern is the 250-yard rule, which requires hospitals to provide emergency care to anyone within 250 yards of the hospital's campus"

(10/3/01) From AIS Health: Reduce EMTALA Non-Compliance by Leveraging 'Prudent Layperson' Rule

(7/27/01) From Medical Staff Leader: Breaking the law: Unresponsive on-call physicians, OIG issues bulletin to remind hospitals of EMTALA duties, and Four hospitals prosecuted under EMTALA for 'dumping' of same patient

(7/26/01) Updated Hospitals Cited for Patient Dumping to include "Many ERs Illegally Refuse to Treat Patients, Consumer Group Says from WebMD"

(7/26/01) From ACEP: "We just received the attached Q/A document from the Centers for Medicare and Medicaid Services (formerly HCFA) regarding questions raised regarding the EMTALA provisions of the OPPS regulations issued last year. The questions address topics such as the definition of campus, when EMTALA is triggered, screening requirements, staffing requirements, the use of EMS/911, transfer agreements, signage, and responsibility for the administrative requirements of EMTALA. We met with CMS, along with the Federation of American Hospitals, back in January -- they had hoped to issue this guidance by the end of January . . .We were supposed to have had an opportunity to review the Q/A document, but that never happened. CMS still expects to issue a proposed rule to make changes to the regulation."

(7/21/01) From the Des Moines Register: 12 hospitals violate law. The Iowa facilities broke the 'patient dumping' law that governs emergency room treatment. A dozen Iowa hospitals have violated a federal law that compels them to give emergency treatment to all patients who need it, according to a report by a medical watchdog group.

(7/16/01) From ACEP.org: EMTALA Study Provides Inconclusive Results "The results of a recently released General Accounting Office (GAO) study on EMTALA failed to provide any conclusive answers about that law's effect on emergency department crowding and on-call problems." ACEP s response to the report is at http://www.acep.org/2,2785,0.html To view the report go to: http://www.gao.gov/new.items/d01747.pdf

(7/13/01) Hospitals Cited for Patient Dumping (AP Wire): More than 500 hospitals were cited for illegally sending patients with emergency conditions to other hospitals in the late 1990s, according to a report from a public interest group.

(7/12/01) EMTALA: The Basic Requirements, Recent Court Interpretations, and More HCFA Regulations to Come. AAEM Washington Watch ( Published July / August 1999)

(6/26/01) On Friday June 22, 2001, the GAO published its report on EMTALA. A footnote in the document indicates that a further study on uncompensated care is forthcoming. Below is a link to the report. http://www.gao.gov/new.items/d01747.pdfStephen Frew, JD, of medlaw.com, notes: "The report, which EMTALA critics hoped would be the opening salvo in the battle to kill EMTALA, is not a manifesto but a simple, factual report that notes the concerns of hospitals, but makes no substantial recommendations for change."

(6/13/01)Health task force to focus on reducing regulatory burdens Newsrounds, free registration required.

(5/25/01) An excerpt from Stephen Frew's e-newsletter:CONGRESS PROPOSES EMTALA CHANGES

(5/4/01) From REPORT ON MEDICARE COMPLIANCE: Boil Down EMTALA Interpretive Guidelines For ER Staff

(5/1/01) "The ever-expanding EMTALA" from AMNews

(4/24/01) eMedicine.com (online text): COBRA Laws

(4/28/01) AAEM EMTALA Update

(1/24/01) American College of Emergency Physicians (ACEP) EMTALA page. Includes:
Administration Resources List
Ambulance Diversion (Policy statement)
Appropriate Interhospital Patient Transfer (Policy statement)
Code of Ethics for Emergency Physicians (Policy statement)
Emergency Physicians' Patient Care Responsibilities Outside of the Emergency Department (Policy statement)
EMTALA (Article)
Federal Regulators Increase EMTALA Enforcement (ACEP News)
HHS Issues Special EMTALA Advisory (EM Today)
Hospital, Medical Staff, and Payer Responsibility for Emergency Department Patients (Policy statement)
Managed Health Care Organizations and Emergency Care (April 1, 2000 , Policy statement )
On-Call Responsibilities for Hospitals and Physicians Providing Emergency Care Under Federal Law: EMTALA (Product)
Quality of Care and the Outcomes Management Movement (Information Paper)

(11/25/00) The Office of the Inspector General (OIG) of the Department of Health and Human Services issued its semiannual report last week detailing the activities and accomplishments of the agency for the six month period ending March 31, 2000. An Analysis.

(11/25/00) Link to the complete Semi-Annual Report: http://www.dhhs.gov/progorg/oig/new.html

(12/21/00) EMTALA News: H.R. 5291: Beneficiary Improvement and Protection Act of 2000

DISCLAIMER. The information provided is not intended as legal or medical advice, but are written for educational purposes only. The information may have changed or been amended. You should consult a qualified and licensed attorney with specific questions. Any references to any specific professional is not an endorsement of their services, products or qualifications.