APA_Presentation_template_3_25
ppt
keyboard_arrow_up
School
Grand Canyon University *
*We aren’t endorsed by this school
Course
NUR590
Subject
Medicine
Date
Dec 6, 2023
Type
ppt
Pages
5
Uploaded by sathornton09
Regulation Staff
Presentation
Stephanie Thornton
Walden University
Emergency Medical Treatment and Labor Act
(EMTALA)
•
Congress enacted the EMTALA in 1986, to ensure public
access to emergency medical treatment, regardless of
insurance status or ability to pay.
•
Medicare participating hospitals, offering emergency services
are obligated to provide screening and medical care, including
for women in active labor.
•
Hospitals are required to medically stabilize patients, or
transfer to another hospital if unable to stabilize at current
facility.
•
Example of EMTALA: an uninsured chronic asthmatic
presenting with acute shortness of breath to emergency
department.
Regulation of EMTALA
•
Centers for Medicare & Medicaid Service (CMS) enforces the
EMTALA.
•
Hill- Burton Act of 1946, mandated hospitals to provide care
to patients regardless of ability to pay.
•
Despite mandate, refusal of care was still prevalent
particularly to minorities, low-income, or uninsured.
•
In 1986, there were an estimated 250, 000 unstable patients
transported annually (Rhodes & Smith, 2017).
•
Federal enforcement is complaint driven.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
In year 2020,during the COVID-19 public health crisis, a waiver to lessen the restrictions imposed
by EMTALA on hospitals and providers was created by the United States President and Section
1135 of the Social Security Act (Brown, 2021). While the exceptions within the waiver do not
invalidate a hospital and provider responsibility with regard to assessing patients who seek
emergency care regardless of ability to pay, what constitutes as a quality exam and stabilization
changed. During the pandemic, resources were scarce, under the waiver hospitals were able to
direct patient to alternate locations prior to evaluation such as urgent care facilities. Additionally,
patients could be screened offsite in testing tents and via telehealth. These could be done in
effort to preserve resources for prioritized medically unstable patients.
Secondly, provisions to
the process of transferring patients were made as a result of the waiver. Transfer of patients who
were not medically stabilized was potentially allowed, as long as care is taken to minimize risk to
patient or unborn child (Brown, 2021). However, facilities were required to align alternative plans
with local state regulations and guidelines, to remain in compliance with EMTALA (Brown, 2021).
The declaration expired May of 2023.However states may still apply to CMS to waive the
requirements (Centers for Medicaid Service, 2023).
EMTALA Provisions
References
Brown, H. L. (2021). Emergency care EMTALA alterations during the COVID-19 pandemic in the United States.
Journal of Emergency Nursing
,
47
(2), 321–325. https://doi.org/10.1016/j.jen.2020.11.009
Centers for Medicare & Medicaid Services. (2023, February 27).
Fact sheet CMS waivers, flexibilities, and the
transition forward from the COVID-19 Public Health emergency
. CMS Waivers, Flexibilities, and the
Transition Forward from the COVID-19 Public Health Emergency.
https://www.cms.gov/newsroom/fact-
sheets/cms-waivers-flexibilities-and-transition-forward-covid-19-public-health-
emergency#:~:text=CMS
%20will%20end%20this%20emergency,apply%20to%20waive%20the%20requir
ement.
Rhodes, K. V., & Smith, K. L. (2017). Short-term care with long-term costs: The unintended consequences of
Emtala.
Annals of Emergency Medicine
,
69
(2), 163–165. https://doi.org/10.1016/j.annemergmed.2016.08.433