Every hospital that has an emergency department and accepts Medicare and Medicaid patients must follow the federal law included in the Emergency Medical Treatment and Labor Act (EMTALA). Hospitals without emergency departments also must comply with EMTALA if they have specialized capabilities. 

The federal EMTALA law and the accompanying regulations are intricate and during this two-part program by nurse attorney Sue Dill Calloway, she will discuss the proposed changes from CMS in 2011 which includes a notice to solicit comments on the need to revise the federal EMTALA law regarding the applicability to hospital inpatients and hospitals with specialized capabilities. Hospitals will need to amend their policies, procedures, and training to comply with these new interpretive guidelines.

Part 1 of this program will cover the following:

• Basic concept of EMTALA
• Proposed changes in 2011 by CMS
• US Supreme Court issue and applicability to inpatients
• Who are the players?
• CMS EMTALA website
• How to locate copy of the EMTALA regulations
• OIG advisory opinions on EMTALA
• Compliance program
• EMTALA definitions and requirements 
• The Joint Commission standards
• EMTALA sign requirements
• Who does EMTALA apply?
• Payment issues
• Reasonable registration process
• Financial questions from patients
• Patients who sign out AMA
• Specialized capability
• Policies and procedures required
• On-call physicians issues
• Hospital recommendations
• Dedicated emergency department
• Central log

Part 2 of this program will cover the following:

• Special responsibilities
• Meaning of “comes to the ED”Definition of hospital property
• EMTALA and outpatients
• Capacity
• Dedicated emergency department
• Inpatients and observation patients
• Medical screening exam
• Certification of false labor
• Born alive law and EMTALA
• Minor child request for treatment
• Telemetry
• When can you be on diversion?
• Parking of patients
• Helipad
• State plans and EMTALA
• Who can be a QMP?
• The Moses case
• Waiver of sanctions
• Requests for medications
• Blood alcohol tests
• Emergency medical condition
• Stabilization
• OB patients
• Transfer and transfer forms
• Behavioral health patients
• QIO role with EMTALA

Learning Objectives:

• Describe the hospital's requirements regarding the maintenance and content of a central log. 
• Discuss the hospital's requirement to maintain a list of the specific names of physicians who are on call to evaluate emergency department patients. 
• Explain the significance of the Moses case including the finding that the hospital’s obligations under EMTALA do not end when the patient is admitted. 
• List the CMS requirements on what must be in the EMTALA sign.  
• Describe the hospital’s requirements regarding a minor who is brought to the ED by the babysitter for a medical screening exam.

Target Audience:

• Emergency Department Managers
• Emergency Department Physicians
• Emergency Department Nurses
• OB Managers and Nurses
• Behavioral Health Director and Staff
• Chief Nursing Officer
• Nurse Supervisors
• Nurse Educators
• Staff Nurses
• Outpatient Directors
• Compliance Officers
• Legal Counsel
• Risk Managers
• Directors of Hospital-Based Ambulance Services
• Director of registration
• Registration staff

Level: All levels 

Meet your Expert:

Sue Dill Calloway is a nurse attorney and medical-legal consultant. She has done many educational programs for nurses, physicians, and other health care providers. She has spoken internationally on patient safety, risk management, legal, regulatory, and CMS and Joint Commission issues. She has authored over a thousand articles and a hundred books including a book on the Compliance Guide to the Joint Commission, CMS Patient Rights Standards and a book on 2009 Joint Commission Leadership and many books on nursing law and nursing law and ethics.  
Her associate degree is from Central Ohio Technical College and Ohio State University. Her BA, BSN in Nursing, MSN in nursing (summa cum laude) and JD degree (law degree with honors) are from Capital University in Columbus, Ohio.

Accreditation Statement:

AHC Media is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians.

AHC Media is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center's Commission on Accreditation.

Credit Designation:

AHC Media designates this educational activity for a maximum of 3 AMA PRA Category 1 Credits™. Physicians should only claim credit commensurate with the extent of their participation in the activity.

This activity has been approved for 3 nursing contact hours using a 60-minute contact hour.

Provider approved by the California Board of Registered Nursing, Provider # 14749, for 3 Contact Hours.

Sponsor:

The sponsor of this educational activity is AHC Media.

The information provided in AHC Media webinars does not, and is not intended to constitute medical diagnoses or legal advice. Individual tracer methodology outcomes cannot be guaranteed. Opinions, references and links provided by our speakers are provided for your convenience and do not represent our endorsement of such opinions, products or services.

Recorded: Thursday, April 7, 2011 and Tuesday, April 19, 2011