EMTALA definition of ’emergency medical condition’
*
The term “emergency medical condition” means— (A)
a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in
—
Which of the following is an example of a violation of the Emergency Medical Treatment and Active Labor Act?
Which of the following is an example of a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA)?
A patient with low blood pressure and tachycardia is transferred to another hospital without intravenous access or supplemental oxygen
.
What does the Emergency Medical Treatment and Active Labor Act EMTALA dictate?
Enacted in 1986, the Emergency Medical Treatment and Active Labor Act, commonly known as EMTALA, is
a Federal law that requires anyone coming to almost any emergency department to be stabilized and treated, regardless of their insurance status or ability to pay
.
What does the Emergency Medical Treatment and Active Labor Act of 1985 EMTALA require?
The landmark federal Emergency Medical Treatment and Active Labor Act of 1985 (EMTALA) requires that
all patients who seek emergency treatment be given an adequate medical screening examination and prohibits discrimination on the basis of patients’ ability to pay
.
What is an EMTALA requirement for an emergency department?
The Emergency Medical Treatment and Labor Act (EMTALA) requires
hospitals with emergency departments to provide a medical screening examination to any individual who comes to the emergency department and requests such an examination
, and prohibits hospitals with emergency departments from refusing to examine or treat …
What is an example of an EMTALA violation?
Well-meaning physicians can violate EMTALA by making decisions that seem perfectly reasonable, such as
sending sick patients away to bigger and better-equipped facilities
, redirecting young healthy patients to urgent care, delegating the Medical Screening Exam (MSE) to residents or PAs, or simply honoring patient …
Can emergency rooms turn you away?
What happens in emergency?
Hospital emergency departments will never turn away people with serious or life-threatening illness or injuries
.
Which of the following is a key element of the Emergency Medical treatment and Labor Act EMTALA )?
EMTALA requires
Medicare-participating hospitals with emergency departments to screen and treat the emergency medical conditions of patients in a non-discriminatory manner to anyone
, regardless of their ability to pay, insurance status, national origin, race, creed or color.
What is the 250 yard rule?
“The rule says that
the patient has presented to the hospital if
they come to the hospital seeking care, or fall victim to a medical event or accident on hospital-controlled property within a 250-yard zone surrounding the main buildings of the hospital,” he explains.
Is Active Labor considered a medical emergency?
Lack of Birthing Services
Under federal law,
labor is considered a medical emergency
. … The law received its name, in part, because of a woman in labor in California who was refused treatment by two private hospitals even though medical tests showed her baby was in distress.
What is the emergency care act?
In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA)
to ensure public access to emergency services regardless of ability to pay
.
Who pays for EMTALA medical care?
EMTALA History
Public hospitals are funded by
the local government
for the purpose of providing health care for impoverished and underserved county residents [3], and, over the last century, have delivered the lion’s share of care to indigent and, in more recent decades, uninsured patients [4].
What triggers EMTALA?
EMTALA is triggered
whenever a patient presents to the hospital campus
, not just the physical space of the ED, within 250 yards of the hospital. Patients who present to a hospital parking lot, sidewalks, and adjacent medical buildings are mandated to undergo EMTALA screening and stabilization.
Who can provide MSE?
Upon arrival of a transfer,
a physician or qualified medical person (“QMP”)
must perform an appropriate MSE. The physician or QMP shall provide any additional screening and treatment required to stabilize the EMC. The MSE of the individual must be documented.
What is a dedicated emergency department?
A “dedicated emergency department” is defined as
any department or facility of the hospital
, regardless of whether it is located on or off the main hospital campus, that meets at least one of the following requirements: (1) a facility licensed by the State as an emergency department; (2) a facility that is held out to …
What is the Sixth Circuit’s improper motive requirement?
The Sixth Circuit affirmed the dismissal of Emergency Medical Treatment and Active Labor Act (EMTALA) claims related to a patient’s stroke and spinal injury, finding that its own precedent requires patients to show that an “
improper motive
” led to their substandard care.
