Health care law - EMTALA Flashcards
1
Q
what is EMTALA? what is the other name for it?
A
- emergency medical treatment and labor act
- COBRA
2
Q
what does EMTALA cover / govern?
A
- federal law that governs when and how a patient may be:
- refused treatment or
- transferred to another hospital when patient is not stable
3
Q
who does EMTALA apply to? which hospitals?
A
- applies to all patients
- applies to participating “hospitals” - accept medicare / medicaid
4
Q
why is EMTALA needed?
A
- prevent hospital from rejecting patient
- prevent hospital from refusing to treat patient
- prevent hospital from “dumping” patient
5
Q
what is an emergency medical condition as defined by the law?
A
- a medical condition manifesting itself by acute symptoms of sufficient severity - including severe pain
- such that absence of immediate medical attention could reasonably be expected to result in jeopardy, impairment, dysfunction
6
Q
is an EMTALA violation the same as a medical malpractice claim?
A
no - separate and distinct
7
Q
what makes an EMTALA violation different than malpractice in terms of proof?
A
- unlike medical malpractice, do NOT need to prove violation of standard of care
- just need to prove received treatment different from others in a similar situation
8
Q
what are the EMTALA requirements?
A
- provide MSE (medical screening evaluation)
- to all patients who present for care
- on the hospital’s premises
- regardless of ability to pay
- provide stabilizing care
- not transfer patients who are unstable if hospital has capabilities to treat
- only transfer patients for medical necessity
- patient’s request
- provide screening exam or stabilizing treatment without first inquiring about ability to pay
9
Q
in what timeframe should hospitals report COBRA / EMTALA violations by another facility?
A
72 hours of receipt of patient
