Preview

How The Emergency Medical Treatment Act Included Problems With The Possibility Of Complicating Hospital Compliance

Good Essays
Open Document
Open Document
818 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How The Emergency Medical Treatment Act Included Problems With The Possibility Of Complicating Hospital Compliance
The writer will discuss in this writing assignment how The Emergency Medical Treatment Act included problems with the possibility of complicating hospital compliance. The Emergency Act (EMTALA) is known as the federal law that has been and still is consistent with the knowledge that in an emergent situation in healthcare, patients have the right to health care service regardless of their financial status. The United States Congress in 1998 passed an act called EMTALA, that coincides with Consolidated Omnibus Budget Reconciliation Act also known as COBRA. EMTALA made it mandatory for all emergency room departments accepting any form of payments from Medicare render suitable medical examinations to patients requesting medical care despite their …show more content…
When medical facilities refuse to treat patients with no financial means it is clearly a violation of federal and state civil rights as well as the programs Medicare an Medicaid. There’s an obligation to treat and evaluate patients under Medicare if not there will be violations as well as fines handed down from Medicare causing the patient to be affected resulting in possible harm allowing them to gain fro the damages suffered while in the care at the hospital (Showalter, 2012, pg. 339). The definition of the emergency room is defined as an area of the hospital set up with emergency equipment and staff to treat and evaluate patients who come seeking emergency medical services. An example of this would be outpatient clinics such as MEA’s, r private medical offices, obtaining the capable medical equipment to assist patients when in need of medical treatment in emergency situations. These facilities do not have an obligation to EMTALA as well as they can select to transfer patients to the closest hospital with an emergency for medical …show more content…
As with all things in life, certain medical conditions do not meet the criteria t qualify for the uncompensated mandated medical services enforced by EMTALA. The main intention of EMTALA is to make emergency rooms accountable for concluding if a patient’s medical condition is an emergency or not, this can be done by using regular medical assessments and protocols. Hospitals are required not to put a hold on a patients treatment while gathering information pertaining to how the patient will pay for services rendered. Payments can only question when the patient's medical condition has no chance of getting worse. The hospital has an obligation to its emergency room to conclude if the patient has a real medical condition requiring the use of emergency services allowing further treatment to happen for help with getting the patient stable enough to return home or another medical facility for better treatment. The writer found through this assignment that hospitals is hospitals do not have the proper equipment and staff to treat certain medical condition they find a hospital will to accept the transfer following the right procedures and protocols. It is a known fact the hospital accepting the transfer is most likely more equipped to handle the medical condition and treat the patient health care needs. During this transfer the hospital facilitating the

You May Also Find These Documents Helpful

  • Good Essays

    In this case, authorization was provided for the services, although under the incorrect patient information. Considering that SelectCare was promptly notified of the mistake, and that had the correct patient information been given, authorization would have been provided for the medically necessary services for patient E.F., the purported lack of authorization does not support denial of this claim. Indeed, it was no more than a technical default that caused no prejudice to SelectCare. See Koehler v. Aetna Health Inc., 683 F.3d 182, 188 (5th Cir. 2012) (recognizing that a lack of preauthorization “does not prejudice [the insurer]’s ability to refuse coverage if it concludes that the services were not medically necessary”); Weaver v. Phoenix Home Life Mut. Ins. Co., 990 F.2d 154, 158-59 (4th Cir. 1993) (reversing plan administrator’s denial of coverage because its denial that “hospital confinement commencing 05/16/90 was not authorized” was conclusory and the medical necessity of the inpatient stay, not any authorization of it, was what determined coverage). Under these circumstances, Medical City is entitled to payment in full for its services in the amount of $74,404.44. Demand is made for payment of this…

    • 802 Words
    • 4 Pages
    Good Essays
  • Good Essays

    EMTALA Case Summary

    • 764 Words
    • 4 Pages

    definition the patient did not appear to be in active labor as she delivered 4 days after the initial evaluation. The patient was sent home and returned to Memorial Hospital where she delivered. Based on these findings the defense argument, that the patient was not transferred to another facility nor did they attempt to transferred the patient to another facility does hold some credence. According to Zibulewsky, (2001)The initial intent of EMTALA was to ensure nondiscriminatory access to emergency medical care. The mere fact that the physician recommended follow-up at an outside facility after adequately evaluated and treating the patient, would not be an EMTALA violation. However, refusing to see the patient back in the future when she was in active labor, clearly would be an EMTALA violation. Because of the distance to Galveston, it is unreasonable to assume that the patient could without exception make it to another facility for delivery. On reviewing the case and other associated evaluations performed by Memorial Hospital, it becomes clear that the hospital has established a pattern of not managing indigent patients and was involved in the practice of diverting them to other facilities. Based on these findings it appears that several infractions of the EMTALA have been committed by the facility. Whether the case in question falls strictly under these guidelines it is unclear. I believe part of the court's decision to find against the defendant was the result of the pattern of behavior that was established by the facility and the treating physician. Because there is clear violation of EMTALA, further action should be taken by the medical review board. The fines can include up to $50,000 against the hospital and physician for each violation as well as possible termination of the hospital and providers Medicare provider…

    • 764 Words
    • 4 Pages
    Good Essays
  • Good Essays

    those additional payments it may not financially smart for an acute care hospital to provide…

    • 593 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    IS3340-Unit 2-Assignment 2

    • 1549 Words
    • 6 Pages

    i. WU HIPAA Security Policy requires procedures to ensure that access to a system that contains EPHI and is used to provide patient treatment is made available to any caregiver in the case of an emergency if the denial or strict access to that EPHI could inhibit or negatively affect patient care. During extreme emergency conditions, RO would rely upon BJH electronic access to the IMPAC electronic medical record as well as BJH Health Informations Management (HIM) for access to the physical medical record.…

    • 1549 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Cobbs V. Grant Case Study

    • 366 Words
    • 2 Pages

    The theme of Module Five is that every patient has a right to receive emergency care and every patient has a right to informed consent. The emergency medical treatment and active labor act (EMTALA) requires hospital that receive Medicare payments to provide care to patients regardless of citizenship, ability to pay, or legal status. Hospitals with EDs that serve Medicare patients must abide by EMTALA, which is a statute that requires stabilization of any patient that presents to the emergency department. An emergency situation as we identified at class is either when the patient is dying, when a woman giving birth, or something about unnatural disability. It's easy for patients to feel powerless in these types of situations, as they present with an illness. That’s why hospital administrators and providers have the duty to give patients every angle of their medical situation. Patients must have all the information about their diagnosis and treatment…

    • 366 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Emergency Medical Treatment and Labor Act was passed as a feature of the Consolidated Omnibus Budget Reconciliation Act of 1986. This federal law requires the stabilization and treatment of the patient who arrives at the emergency department, regardless of the individual’s insurance status or ability to pay for services. By law, public and private hospitals are forbidden to repudiate treatment of the patient in an emergency, transfer the patient to another hospital before he is stabilized, or stop treatment altogether because the patient cannot afford the cost of care (EMTALA). Transfers actually served as essential motivation for EMTALA. Studies conducted in the early 1980s revealed 250,000 transfers a year from private to public or Veteran Health Administration hospitals, and almost 90%…

    • 709 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Emtala Case Study

    • 924 Words
    • 4 Pages

    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…

    • 924 Words
    • 4 Pages
    Good Essays
  • Better Essays

    HAI generally occur when a patient’s stay for extended amount of time, the physicians don’t use proper hand washing techniques or medical procedures and so on. This type of risk affects the quality of care to a patient directly. It generally means that the physician or staff may not have followed proper protocol in ensuring the patients safety (Betterhealth.gov.au, 2011). Another risk that hospitals take is patients who do not pay. In 1986 The Emergency Medical Treatment and Labor Act (EMTALA) was passed, which in short states that emergency rooms have to stabilize and treat anyone who goes into an emergency room regardless if they have insurance or can’t pay (American College of Emergency Physicians, 2013). This also affects the quality of care given to those patients because the emergency rooms are required to only do the minimum to stabilize the patients. A third risk in a hospital is medication errors. These occur when either the pharmacist can’t read a physician’s hand writing on a prescription, or the physician does not know the patients medication history and so on. The quality outcome of the patient’s wellbeing is affected in this…

    • 1515 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Baker Act 10 2013

    • 5119 Words
    • 45 Pages

    Agenda Introduction to related laws Criteria for and initiation of: Risks & Responsibilities Baker Act & Marchman Act Baker Act Involuntary Examinations Marchman Act Involuntary Admissions Emergency Medical Conditions Rights of Persons Training Resources Questions & Answers Baptist Health South Florida October 8, 2013 2 Alternatives to the Baker Act History & Overview Mental Illness Only Marchman Act, Chapter 397 Developmental Disabilities, Chapter 393 History Psychiatric – Not Medical Emergency Examination & Treatment of Incapacitated Persons Act, Chapter 401 Federal EMTALA – Emergency Medical Treatment and Active Labor Act & State’s Access to Emergency Services & Care, 395.1041, F.S. 766.103 Florida Medical Consent Law Probate Rule 5.900…

    • 5119 Words
    • 45 Pages
    Powerful Essays
  • Good Essays

    Health care in the United States is a complex business that is always changing because of many factors such as new technology, insurance changes, and currently state involvement. The United States has the highest cost of health care in the world because of many factors such as technology, reimbursement from insurance companies and covering the uninsured patient. One class of uninsured patients is illegal immigrants in the United States that are accessing the health care system. There is debate that illegal immigrants come into the United States with the sole purpose of accessing the health care system through the emergency department (ED) at hospitals because they do not have access to the level of health care in their own country. When illegal…

    • 1120 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Emergency Department overuse made the list because patient care has increased and not Decreased as expected when the Affordable Care Act (ACA) was passed. The Overuse continues and leads to needless expense, crowding and concerns that put patients at risk who need immediate care. Health Care Providers/Physicians are not able to keep up. Appointments are weeks to months out to see your Dr and what ends up happening is these patients go to the Emergency Department.…

    • 301 Words
    • 2 Pages
    Good Essays
  • Good Essays

    We are stuck between a free-market system and a government-run system. As the government continues to increase subsides and provide insurance for more and more people under Medicare, Medicaid, and Tricare, as well as new stipulations under the Affordable Care Act, the system can not realistically be described as a free-market. This has created dramatic price increases in health care and has also made the costs of care entirely unrealistic because there is a total diffusion of responsibility for the payment. Additionally, as emergency rooms are required to provide care to people in need, all people technically can access care. However, this care is extremely expensive and an inefficient use of valuable resources. In order to prevent people from “free riding” in this system and just going to emergency rooms but never paying their bills, it follows that everyone must have health insurance. However, in order for that to be possible monetarily, there have to be subsidies and policies that prevent people from being excluded from coverage for preexisting conditions or other factors. Ultimately, it makes little sense to provide universal coverage of emergency care but not provide primary or preventative care, which is much more cost effective, efficient and…

    • 577 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In my opinion the continuous research and advancements in technology and medicine will always be a tremendous benefit to this country. The research and trial period of medicines may never appease everyone because of the possible side effects. However, I support the research as long as the intentions are to discover treatment and cures for patients. Although we have good intentions, our actions and the results may not turn out to be good. I feel the intentions with the EMTALA law had good intentions to prevent patient dumping of facilities refusing to treat patient due to their inability to pay for services (Dollinger, 2015). I truly feel that everyone should receive medical care in the event of emergencies, but I have seen this…

    • 243 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Voelker, Rebecca. (2014). Community Health centers and their patients take a big hit in Medicaid opt-…

    • 4410 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    The emergency department (ED) has evolved to be more than a place to treat acute life-threatening illness and injuries; it has become a point of entry for care for a variety of clinical presentations. The reliance on emergency care remains strong with a rising numbers of patients accessing care. According to the American College of Emergency Physicians based on a report commissioned by the Emergency Medicine Action Fund, ED visits have increase substantially since the Affordable Care Act was enacted (American College of Emergency Physicians (ACEP), 2015). This trend has been recognized at Salem Hospital’s ED as well. An interview with the…

    • 1773 Words
    • 8 Pages
    Powerful Essays