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 must comply with EMTALA if they have specialized capabilities.

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 must comply with EMTALA if they have specialized capabilities. New interpretive guidelines for EMTALA were issued by the Centers for Medicare and Medicaid Services (CMS) on May 29, 2009 and contain many changes. Hospitals must amend their policies and procedures and training to comply with the interpretive guidelines. The regulations include an expanded section for on-call physicians and the shared and community care plan process. A new case will be discussed that is going to create an enormous expansion of hospital liability under the federal law. The Moses case overruled the CMS regulation that EMTALA ended when the hospital admitted the patient in good faith.

The federal EMTALA law and the accompanying regulations are complex and this two-part program by nurse attorney Sue Dill Calloway is structured to make the requirements understandable with the liberal use of examples. Attendees for this program have repeatedly made the comment that they were finally able to understand and apply the law to their facility.

Program Schedule:
Part 1 of this program will cover the following:

• Basic concept of EMTALA
• 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 hospital's requirements regarding the maintenance and content of a central log and when hospitals must complete a certification of false labor.
• Explain the amended on-call physician guidelines under EMTALA.
• Discuss the Moses case which found that the hospital's obligation under EMTALA does not end when the patient is admitted.
• List CMS requirements on what must be in the EMTALA sign.

Meet Your Expert:


Sue Dill Calloway, BA, BSN, MSN and JD degree, 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.

Continuing Education:

Participation:

Each listener participates in the continuing education activity by listening to the audio conference and completing the online post test and evaluation.

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 audio conferences 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: Tuesday, October 19, 2010 & Tuesday, October 26, 2010