EMTALA Answer Book, 2013 Edition

The 2013 Edition of The EMTALA Answer Book shows how the Emergency Medical Treatment and Active Labor Act (EMTALA) affects not only emergency physicians but on-call physicians, specialists, and hospitals. And it shows how the feds have stepped up enforcement against EMTALA violations.

But most importantly, The EMTALA Answer Book shows you how to meet these medical duties, stave off these legal threats, and avoid fines, bad publicity, and exclusion from Medicare.

Some of the questions that The EMTALA Answer Book addresses include:

• Does HIPAA affect a hospital's EMTALA obligations?
• Must a receiving hospital with specialized capabilities accept an EMTALA patient who had been admitted as an inpatient at another hospital?
• Can a physician be on call at more than one facility simultaneously?
• Are community call plans allowed by EMTALA?
• Can a hospital compensate on-call physicians specifically for treating patients who are indigent or uninsured?
• And many more!

The 2013 Edition of The EMTALA Answer Book has been updated to include:

• Discussion of the 2012 Department of Health and Human Services pronouncement regarding application of EMTALA
• A summary of the latest civil penalties for EMTALA violations
• Updated and new court cases interpreting EMTALA
• And much more!

• 1. EMTALA Overview and Post-Enactment History
• 2. Comes to the Emergency Department
  • Locations
  • Persons
  • Specific Issues Arising When a Person “Comes to the Emergency Department”
• 3. Medical Screening Examination
  • Appropriateness of Screening
  • Finding an Emergency
  • Misdiagnosis
  • Patient Consent and Payment
• 4. Treatment Required to Stabilize
  • Stabilizing Treatment
  • The Pregnant Patient
  • Limits on Stabilization
• 5. Transfers
  • EMTALA Transfers
  • Requirements for Transfer
  • Receiving Hospitals
  • Transportation Between Hospitals
  • Patient Consent
• 6. Hospital Compliance with EMTALA
  • Hospital Policies
  • Logs and Patient Records
  • Reporting and Billing
• 7. EMTALA Enforcement
  • Administrative Enforcement Process
  • Administrative Penalties
  • Administrative Waivers and Appeals
  • Hospital Surveys
  • Civil Lawsuits
• 8. EMTALA and On-Call Physicians
  • Hospital Duties
  • Physician Duties
• 9. EMTALA and Managed Care
• 10. EMTALA and Psychiatry
• 11. Role of Quality Improvement Organizations
• 12. EMTALA Preemption
  • APPENDIX A. The Emergency Medical Treatment and Active Labor Act (EMTALA)
  • APPENDIX B. EMTALA Regulations
  • APPENDIX C. State Operations Manual: Provider Certification
  • APPENDIX D. Glossary
  • APPENDIX E. Office of Inspector General - EMTALA - The Enforcement Process
  • APPENDIX F. EMTALA Compliance Checklist
  • APPENDIX G. Applicability of EMTALA to Hospital Inpatients and Hospitals with Specialized Capabilities (77 Fed. Reg. 5213-5217 (Feb. 2, 2012))
  • APPENDIX H. The Legislative History of EMTALA
  • APPENDIX I. Implementation of Emergency and Disaster–Related Policies and Procedures Relating to EMTALA: With and Without a Section 1135 Waiver