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Ethics II > Health Law III > Flashcards

Health Law III Flashcards

1
Q

What does EMTALA stand for?

A

Emergency medical treatment and labor act

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2
Q

What is the gist of EMTALA?

A

EDs must do a minimum screen for stabilizing patient before they can transfer

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3
Q

Does EMTALA apply to every patient and every hospital?

A

Every patient, but only hospitals that take medicare or medicaid

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4
Q

What are the criteria for EMTALA?

A
  • pt comes to the ED
  • Requests an exam
  • must be provided with an appropriate MSE to determine if it is an emergency condition
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5
Q

Can you discriminate how the screening exam is performed based on the patient?

A

No

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6
Q

Under EMTALA, what is an “emergency medical condition”? (5)

A

A medical condition manifesting itself by acute symptoms of sufficient severity including severe pain, such that absence of care could result in:

  • Health is in jeopardy
  • Impairment of bodily functions
  • Prego an in contractions
  • Inadequate time to transfer
  • Transfer may pose a threat
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7
Q

Who can the pt sue under EMTALA?

A

The hospital, not the doctor.

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8
Q

Who can get fined under EMTALA- the hospital or the dr?

A

Either or both

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9
Q

True or false: a patient must prove that a violation of care was done under EMTALA

A

False–just need to prove that treatment was different from others in similar conditions

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10
Q

Are there caps to an emtala violation in iowa?

A

No

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11
Q

Can insurance cover EMTALA violations?

A

No

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12
Q

What are the sanctions for the hospital or physicians for violating EMTALA?

A

No more medicare

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13
Q

True or false: EMTALA covers all pts, regardless of where they present to the hospital

A

True–anywhere on the premises

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14
Q

Is divergence an EMTALA issue?

A

No

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15
Q

What is meant by “provide stabilizing care” under EMTALA?

A
  • If pregnant, then must deliver (including placenta)

- Cannot result in material deterioration of the condition is likely to result from transfer or d/c

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16
Q

Is transferring patients for medical necessity a violation of EMTALA?

A

No

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17
Q

Can a patient request to be transferred and not violate EMTALA?

A

Yes, but need to inform them

18
Q

What does transfer mean in the context of EMTALA?

A

-Anytime patient leaves the campus of the hospital including d/c

19
Q

Can you ask the patient about the ability to pay prior to examining them?

A

No

20
Q

What are the requirements for on-call physicians under EMTALA? (3)

A

Must maintain an on-call system to provide coverage, and it must include:

  • every specialty
  • name of drs
  • must be posted in the ED
21
Q

What must be done, prior to transferring a patient under EMTALA? (2)

A
  • Must certify benefits outweigh risks

- Document specific risks/benefits

22
Q

Can you transfer a patient via their car under EMTALA?

A

No

23
Q

In what timeframe must EMTALA violations be reported?

A

72 hours

24
Q

What is the difference between a claim and a malpractice suit?

A

Claim is just informing of intent against filing a malpractice suit

25
Q

True or false: you will probably face a claim in your career

A

True

26
Q

What are the top two specialties that have the highest average indemnity payments?

A
  • Peds highest

- Family practice

27
Q

What is the top claim?

A

Failure to diagnose

28
Q

What are the top 4 causes of malpractice claims?

A
  • lack of communication with pt
  • lack of coordination with providers
  • system failures
  • documentation
29
Q

True or false: if you didn’t document it, it wasn’t done

A

False

30
Q

What is the metadata associated with the EMR?

A

Data about data:

-who did what and when

31
Q

When is metadata not helpful for defense?

A

If entered in at a much later time

32
Q

Does the amount of time a physician spends with a patient saved in the metadata?

A

Yes

33
Q

What are the two criteria that must be met when requesting metadata?

A
  • Relevant to claim or defense

- Not privileged information

34
Q

What is the problem with alerts on EMR, besides that they’re annoying?

A

-Does not communicate standard of care

35
Q

What is the difference between omission vs commission in terms of alerts?

A 
Omission = ignore
Commission = turn off
36
Q

Should you ever go back into the medical record of pts that you ended care with?

A

No

37
Q

What does jousting mean in the EHR?

A

Pass blame on someone else in the medical record.

38
Q

Does pain qualify as an emergency medical condition under EMTALA?

A

Yes

39
Q

Does triage count as a MSE?

A

No

40
Q

True or false: if you receive a patient where EMTALA was violated, you are required to report them

A

True

Ethics II (16 decks)

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