Jump to content
RemedySpot.com

Re: EMTALA

Rate this topic


Guest guest

Recommended Posts

Guest guest

There are extensive regulations implementing EMTALA and all sorts of advisory

opinions as well as cases. A couple of notable cases that everyone should

keep in mind. (For lots and lots of info do a google.com search on EMTALA.)

1. If something happens to a patient anywhere " ON YOUR CAMPUS " you must

respond with a medical team from your facility and treat the patient

appropriately. Calling EMS won't cut it.

2. A transferee hospital MUST report EMTALA violations, and not to do so is

in itself a violation.

3. Any hospital attempting to get around EMTALA by calling EMS to respond to

emergencies on it's campus is tempting fate in the form of stiff penalties.

Any hospital attempting to set up a scheme to bill for services were done by

EMS may be flirting with Medicare fraud, and if EMS is affiliated with the

hospital, only one billing can occur for the same service. HCFA can be

expected to be conducting more and more audits of hospitals and EMS firms to

discover billing fraud, and some administrators will undoubtedly face federal

prison time. Trust me. If you're a " Suit " and you're dirty, or even think

you MIGHT be dirty, or if the thought of trying to play footsie around the

rules has ever even flitted across your mind, seek legal help and guidance

NOW.

The FBI won't be impressed by your job title, salary, or bonuses for saving

money for your institution. On the contrary, the agents who investigate you

won't like you very much, particularly those assigned to white collar crimes,

which category now occupies a very large portion of their investigative

interests. Their tenacity grows in inverse proportion to the disparity

between your earnings and theirs. (Of course, I hope everyone realizes that

I'm discussing ADMINISTRATORS here, not gut level medics, unless the

individual medics are part of a conspiracy and knowingly pad billing records

as a part of a policy set forth by their employers.) Even then, they'll

usually be given the opportunity to be a witness instead of a defendant.

However, none of us can become complacent. Each and every EMT and Paramedic

must be thoroughly familiar with the rules and be able to recognize

questionable practices and avoid them. This will mean added emphasis on CE

programs on these subjects.

Gene Gandy

E. Gandy, JD, LP

EMS Professions Program

Tyler Junior College

Tyler, TX

Link to comment
Share on other sites

Guest guest

Why do you feel the law sucks.

Frederick

EMTALA

, et.al.,

EMTALA is the Emergency Medical Treatment and Active Labor Act. It is a law

passed by Congress and ratified by the President that says (in short) that

once a patient comes to the ER, they MUST receive care from the ER

regardless of their ability to pay. If the ER cannot provide appropriate

care (say, they don't have a L & D department for the Active Labor patient, or

a surgery for the trauma patient) they have to arrange transport to a

facility capable of providing the care and stabilize the patient as best

they can until that transport arrives.

The law sucks, in my OPINION. Though I understand why it exists.

Webb, LP

FLW EMS, MO

_________________________________________________________________

Get your FREE download of MSN Explorer at http://explorer.msn.com

Link to comment
Share on other sites

Guest guest

Actually you are somwhat incorrect EMTALA states that you must have an

assessment by a qualified individual who has been designated by the institution,

based on all capabilities of the institution.

This law was brought about as a result of an OB patient in Tx who was turned

away from a hospital as a result of a wallet biopsy being done and sent to the

county hospital. If memory serves she delivered in the cab as a result of her

bring sent away from the first hospital.

Interesting part is that there is no unified definition of qualified person.

Most hospitals believe that to be the ED Doc, however some are saying ER Triage

nurse.

Rinard

<<< dfluffy01@... 4/22 10:42a >>>

, et.al.,

EMTALA is the Emergency Medical Treatment and Active Labor Act. It is a law

passed by Congress and ratified by the President that says (in short) that

once a patient comes to the ER, they MUST receive care from the ER

regardless of their ability to pay. If the ER cannot provide appropriate

care (say, they don't have a L & D department for the Active Labor patient, or

a surgery for the trauma patient) they have to arrange transport to a

facility capable of providing the care and stabilize the patient as best

they can until that transport arrives.

The law sucks, in my OPINION. Though I understand why it exists.

Webb, LP

FLW EMS, MO

_________________________________________________________________

Get your FREE download of MSN Explorer at http://explorer.msn.com

Link to comment
Share on other sites

Guest guest

" Why do you feel the law sucks? "

Essentially, my complaint boils down to the fact that the federal government

has created a social health system out of private providers, but is not

paying the system enough to keep it running.

Nationally we are in a crisis because the hospital can no longer say, " I'm

sorry ma'am, we don't have L & D facilities here, you need to WALK ACROSS THE

STREET to the hospital that does. We cannot push them across the street in a

wheelchair. The hospital has to admit the patient (~$500) to the ED, check

her out, 'stabilize' her, then call the hospital across the street and get

an accepting physician, then call an ambulance to come drive the lady across

the street (~$250) where she is again admitted to the hospital (~$500+++) to

have her baby. We cannot make you sign an insurance waiver (a form that says

you agree to pay if Medicare/Medicaid deny your claim). Even if you sign the

form, you cannot be forced to pay without it costing the hospital even more.

Look at it. It costs about $100 per hour to pay a lawyer. It will take at

least 5 hours for the lawyer to draw up the paperwork to force you to pay.

If your bill is less that $500, why waste the time? There is no guarentee

you even have enough money to pay the bill. See the problem?

Private insurance costs more and more, all the while paying for less and

less. Hospital's cannot hire enough nurses due to the lack of ability to pay

them well enough. Ambulance services cannot keep up with turn-over due to

the lousy working conditions. Hospitals are closing. Ambulance services are

closing. That doctor who did the 'taxi cab' study is going to get a chance

to see if the taxi cab's really do just as well for patient survival as the

ambulance soon...assuming he is still practicing in the ED.

Anyhow, that is my beef with the law. It was well intended, but poorly

implemented.

Webb

_________________________________________________________________

Get your FREE download of MSN Explorer at http://explorer.msn.com

Link to comment
Share on other sites

Join the conversation

You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...