EMTALA

Question 1

EMTALA

Answer 1

emergency medical treatment and labor act (although the “labor” part was taken out bc you don’t need to be in active labor in order for you to be in an emergency)

-Applies to hospitals w/ ER that accept Medicare & to all patients (once the hospital accepts Medicare)

-Hospitals must screen all patients that come to ER regardless of ability to pay

-ER must stabilize all patients

-Can’t transfer unstable patients unless certain conditions met

-No delay of screening or treatment to inquire
re: payment ability

-HHS enforcement against hospital & drs.

-Private cause of action against hospital

Question 2

Baber v. Hospital Corporation of America

Answer 2

What does “appropriate medical screening
examination” mean?

-EMTALA standard: hospital’s own standard screening procedure

-Different from medical malpractice standard

-Q resolved on SJ – assess hospital’s compliance w/ own procedures

-EMTALA establishes treatment relationship as soon as patient in ER

Question 3

Improper transfer:

Answer 3

Pt had emergency med condition
1. Hospital knew about it
2. Pt not stable before transfer
3. Pt didn’t request transfer knowing the risks or dr. didn’t certify benefits outweigh risks.

Question 4

Appropriate transfer

Answer 4

Receiving facility must

1) have available space & qualified providers to treat
patient

2) agree to accept transfer & provide appropriate
treatment