EMTALA
Under EMTALA, Medicare participating hospitals must provide a medical screening exam to any individual who comes to the emergency department and requests examination or treatment for a medical condition. If a hospital determines that an individual has a medical emergency, it must then stabilize the condition or provide for an appropriate transfer. The hospital is obligated to provide these services regardless of the individual’s ability to pay and without delay to inquire about the individual’s method of payment or insurance status. In addition, the statute also requires hospitals to maintain a call system for any service for which the hospital promotes itself to the community. Failure of hospitals or physicians to comply with any EMTALA mandated responsibilities can result in fines from $25,000 to $50,000 for each infraction.
Our lawyers are experts in the EMTALA arena, and frequently provide educational in-services to physicians, hospital administrators and nursing staff on the intricacies of EMTALA compliance. Additionally, two of our attorneys recently assisted with the completion of policy updates and implementation of ED Fast Track programs for more than 25 hospitals nationwide. For assistance with EMTALA compliance, please contact us or view our valuable healthcare links.