Emtala Case Study
HIM 6545 Week 3 Discussion
EMTALA
David Buckley
To discuss the scenario presented regarding EMTALA, I thought a definition of EMTALA would be a good starting point. According to Oachs and Watters, EMTALA is an acronym for the Emergency Medical Treatment and Labor Act, enacted in 1986 by congress as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA), and is also known as the patient antidumping statute (Oachs and Watters, 2016). In our readings, it is discussed that the main reason for EMTALA, by Congress, was to ensure public access to emergency medical services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services …show more content…
To investigate this incident, I would begin by collecting the facts of the situation as it happened from both the Physician’s assistant and the patient involved. I would also review company policy and procedure which must be in place as mandated by the Act. I would also question the employee on policy and procedure to assess their understanding procedures in place and to determine if modifications are needed in employee training in this area. Then, an audit should be performed to determine if this is a onetime event or an ongoing concern.
Pregnancy can present unique concerns pertaining to EMTALA. CMS has developed an EMTALA website with a FAQ section for guidance. Regarding pregnancy and especially those in labor, the following information is provided:
What are the provisions for pregnant women in active …show more content…
It is common for patients to present with "false labor" or in the very early stages of true active labor, and certainly it is not necessary to admit all such patients. EMTALA clearly requires an examination ("medical screening examination") to determine the stage of labor, in order to make the determination of whether the patient has reached the level at which a safe transfer cannot be effectuated. If the patient is at the stage at which a safe transfer could be arranged, she can be discharged without a violation of EMTALA.
This can be one of the most problematic areas of application of the language of EMTALA. Since a seemingly safe and normal course of labor can suddenly take a turn for the worse, it can often be very difficult to determine precisely where the line for "safe transfer" is crossed. As with the application of the other key language of the statute, the determination of where the line is located is ultimately a medical decision (EMTALA.com, 2017).
You can see in the second paragraph above that a medical screening examination is required to make the best possible patient outcome decisions from there. This was not done by Clinic A. Perhaps a survey taken by employees regarding EMTALA and required procedure might be a way to discover any inadequacies in company training that need to be addressed to prevent a similar situation from
EMTALA
David Buckley
To discuss the scenario presented regarding EMTALA, I thought a definition of EMTALA would be a good starting point. According to Oachs and Watters, EMTALA is an acronym for the Emergency Medical Treatment and Labor Act, enacted in 1986 by congress as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA), and is also known as the patient antidumping statute (Oachs and Watters, 2016). In our readings, it is discussed that the main reason for EMTALA, by Congress, was to ensure public access to emergency medical services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services …show more content…
To investigate this incident, I would begin by collecting the facts of the situation as it happened from both the Physician’s assistant and the patient involved. I would also review company policy and procedure which must be in place as mandated by the Act. I would also question the employee on policy and procedure to assess their understanding procedures in place and to determine if modifications are needed in employee training in this area. Then, an audit should be performed to determine if this is a onetime event or an ongoing concern.
Pregnancy can present unique concerns pertaining to EMTALA. CMS has developed an EMTALA website with a FAQ section for guidance. Regarding pregnancy and especially those in labor, the following information is provided:
What are the provisions for pregnant women in active …show more content…
It is common for patients to present with "false labor" or in the very early stages of true active labor, and certainly it is not necessary to admit all such patients. EMTALA clearly requires an examination ("medical screening examination") to determine the stage of labor, in order to make the determination of whether the patient has reached the level at which a safe transfer cannot be effectuated. If the patient is at the stage at which a safe transfer could be arranged, she can be discharged without a violation of EMTALA.
This can be one of the most problematic areas of application of the language of EMTALA. Since a seemingly safe and normal course of labor can suddenly take a turn for the worse, it can often be very difficult to determine precisely where the line for "safe transfer" is crossed. As with the application of the other key language of the statute, the determination of where the line is located is ultimately a medical decision (EMTALA.com, 2017).
You can see in the second paragraph above that a medical screening examination is required to make the best possible patient outcome decisions from there. This was not done by Clinic A. Perhaps a survey taken by employees regarding EMTALA and required procedure might be a way to discover any inadequacies in company training that need to be addressed to prevent a similar situation from