The Emergency Medical Treatment and Labor Act and hospital obligations

Health Management (Discussion questions)

First student

The Emergency Medical Treatment and Labor Act (EMTALA) is a law governing how and when patients may be denied treatment or moved from one hospital to another in cases of extreme medical conditions. EMTALA was legalized as a component of the 1986 consolidated budget reconciliation (Richards & Rathbun, 2009). Sometimes, it is known as the CONRA law. This generalized name has generated other laws. A common provision under the COBRA name is the statute that governs continuation of benefits derived from medical insurance after job termination. The principal provision of this statute is as follows:

Patients visiting the emergency unit seeking treatment or examination for medical conditions must be given the required medical screening diagnosis. This will be helpful in identifying if they are suffering from emergency medical conditions. In case they are, then hospitals are obliged to either furnish them with appropriate treatment until they are stable of transfer them to other entities in conformance with the directives of the statute. In case patients are not in a condition of emergency, the hospital, under the statute is not obliged in any manner (Davis & Cleverley, 2010).

For a hospital legally to avoid being covered with the EMTALA, it must exempt itself from the obligations of EMTALA at its emergency department. The law requires that the hospital must document evidence, analyze test results, and treat the patient. In addition, the hospital can avoid being covered by EMTALA if it presents that its emergency department is dedicated as required by the law (Ferenc, 2013).

Third student

The Congress enacted the EMTALA with the goals and intentions consistent with the role emergency physicians. The known as patient anti-dumping law, EMTALA strives to deter hospitals from transferring Medicaid or uninsured patients without medical screening to establish the urgency of their medical condition. This ensures that patients are stable before being transferred. Therefore, state and local governments abdicated charity care responsibility to hospitals. EMTALA is the national healthcare policy meant to benefit all uninsured people. In 2002, Congress prioritized the enforcement of EMTALA, with penalties exceeding $2 million (Ferenc, 2013). EMTALA calls that hospitals participating in Medicare with emergency units for screening and treating emergency conditions in a non-biased manner to all patients. This is regardless of national origin, race, status, color, or creed.

A hospital can legally avoid being covered with the EMTALA by demonstrating to be a qualified institution through government bylaws. The hospital ought to function according to the stipulated regulations, rules, or bylaws. The regulations demand that the hospital must meet the industry. The hospital is required to post a conspicuous sign notifying visitors and patients of their right to be receiving treatment and examined. Such a sign ought to be authorized by the Human and Health Services. As per the 2003 regulations, such a hospital must have a state license emergency department to ensure medical services are given urgently (Institute of Medicine, 2013). Appointments must not be a prerequisite. Any actions demonstrating non-compliance with these legal requirements will prompt EMTALA obligations.

Part B. Reflection

Under EMTALA, it is not easy for hospitals follow normal procedures in registering individuals to the emergency unit. For instance, a hospital might request for an insurance card from a patient as long as doing so will not delay the process of medical screening examination. Additionally, a hospital could ask for other information from the healthcare plan of an individual including a patient's medical history. In case a patient has an emergency medical need, after the medical screening evaluation and initiating stabilized treatment, the hospital seeks authorization from the plan without delaying the implementation of required evaluation and stabilizing treatment (Institute of Medicine, 2013). Hospitals that are not part of the managed care must not decline to conduct screening and provide treatment to people who are not covered by the plan even if they (hospitals) are not part of the Medicare program.