SLIDE 1 EMTALA PRESENTATION FOR ON CALL PHYSICIANS SLIDE 2 WHAT IS IT EMERGENCY MEDICAL TREATMENT AND LABOR ACT (1987) also known as the patient anti dumping law slide 3 What is required by EMTALA Performance of a Medical Screening Examination (MSE) which involves a process of sufficient scope to conclude, with reasonable clinical confidence, whether n emergency medical condition does or does not exist. Provide necessary stabilizing treatment for Emergency Medical Conditions and Labor Transfer of EMC only to ensure that no deterioration of the EMC is likely to result from or occur during, the transfer of the patient. Women in labor, stabilization means the woman has delivered the child and the placenta. Medical screening or stabilizing treatment may not be delayed in order to inquire about the patient's method of payment. Does not apply to outpatient settings or to individuals who are inpatient, or patients with a non emergent medical condition. slide 4 WHAT IS A EMERGENCY MEDICAL CONDITION A medical condition manifesting itself by acute symptoms of sufficient severity the the absence of immediate medical attention could reasonably be expected to result in placing the health of the individual in serious jeopardy' risking serious impairment to bodily functions; or risking serious impairment of any body organ or part. slide 5 How does EMTALA affect On Call Physicians If the ER physician determines an on-call specialist physician are needed and the on-call physician is notified and fails or refuses to appear within a reasonable time, and transfer is ordered, then Hospital and on-call physician are at risk for an EMTALA violation which could result in civil money penalties and termination from the Medicare and Medicaid programs. On-call physicians must make arrangements to satisfy the on-call obligations, if he/she is scheduled to perform elective procedures during the on-call period. Decisions to accept or decline a transfer are made by the House Supervisor, who is trained to make EMTALA related decisions. On-call physicians must call the receiving facility to discuss matters regarding the patients EMCC and the treatment received and likely to require. Copy of medical records made available to receiving facility. Slide 6 What is an appropriate Transfer Transferring hospital provides medical treatment within its capacity which minimizes risks to the individual Receiving facility has available space and qualified personnel to treat the individual and has agreed to accept the transfer Transferring hospital sends all medical records available. Transfer is effected through qualified personnel and equipment Receiving hospital must defer to the judgment of the transferring Hospital if the patient needs treatment that the receiving can provide and the transferring hospital cannot. Slide 7 What happens if failure or refusal to appear occurs by an on-call physician The transferring hospital must list the name and address of the on-call physician who failed /refused to attend the patient with the emergency medical condition. A report is to be made within 72 hours by the receiving hospital (after receiving an inappropriate transfer ) to the CMS, which includes the name and address of the on-call physician who failed to present to the transferring facility. Possible outcomes $50,000.00 Penalties for Hospital Termination of Medicare/Medicaid provider agreements Private lawsuits naming hospital and on-call physician who failed to appear
