Health Management (Discussion Questions) First Student the

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).

Second student The Emergency Medical Treatment and Labor Act (EMTALA) is an enacted law as part of the new Reconciliation provision. Regularly known as anti-dumping patient law, it aims at preventing hospitals from transferring Medicaid or uninsured patients to public facilities without a medical screening evaluation and treatment to make sure such transfers are conducted safely. The primary provision of this statute is that a patient visiting a hospital for an emergency treatment is not transferred or turned away in case they are unable to pay.

This provision is applicable to all people who are not patients who present to commit emergency units in the quest for a treatment or an examination for an emergency medical condition (Richards & Rathbun, 2009). A hospital can legally avoid being covered with the EMTALA by developing protocols that govern patient transfers after and before inpatient admission. The hospital must demonstrate that the paramount issue is the welfare of patients. This is regardless of whether the hospital will share the payment and liability for treatment and stabilization.

Such an agreement will allow the hospital to operate independently without the supervision of EMTALA. The existence of carefully drafted treatment protocols that represent professional standards of healthcare serves as proof of appropriate professional conduct exercised by the hospital. This qualifies such a hospital to be free and independent from EMTALA as it demonstrates that the hospital is focused on protecting lives regardless of patients' ability to pay (Davis & Cleverley, 2010). 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.