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Did you know that regardless of a person’s ability to pay or if they have insurance, emergency medical facilities are required by law to treat and stabilize anyone seeking care? This is all thanks to the Emergency Medical Treatment and Labor Act (EMTALA), which was established in 1986.
While technically it only applies to participant hospitals — which are hospitals that accept payment from certain government programs — practically speaking, it covers all hospitals and all patients seeking care. The goal of this law is to ensure that no one is turned away from receiving health care simply because they cannot afford it or are not enrolled in certain government programs.
EMTALA is a crucial standard that healthcare facilities need to be aware of. More than likely, you’ll find yourself in a position where knowledge of this legislation will be important.
EMTALA Prevents Healthcare Discrimination
Digging into the provisions and standards of EMTALA can get complex. So, for the moment, let’s address it from a simpler standpoint. The heart of the act is easy to understand: every patient, regardless of their financial situation, is entitled to the care they need.
That said, EMTALA goes beyond non-discrimination to impose a variety of obligations on healthcare providers, making it essential to stay up-to-date on compliance. By investing in compliance training, you’ll have peace of mind knowing that your patients are receiving the care they need, and you’re meeting all of your legal obligations when it comes to EMTALA.
Now, let’s delve a little deeper into what, exactly, EMTALA obligations healthcare providers have if and when the situation arises.
Basic Provisions of EMTALA
Medical care is a basic human necessity, and EMTALA mandates that everyone has access to it in times of emergency.
The first step is determining if the patient is suffering from a medical emergency, and if so, the hospital must provide treatment until the patient is stable or transfer them to another location as required by law. But there’s more to it than that — the regulations require a qualified medical professional to make the determination and for the hospital to post signage explaining the patient’s rights. Even emergency care facilities are bound by the law, ensuring that no one is turned away due to economic reasons.
The recent 2003 EMTALA regulation updates allow for a briefer assessment by a qualified medical professional, but even patients seeking medication dispensation can trigger this requirement. It’s important to remember that determining an emergency need is a medical decision, not a legal one, even though legal statutes define the law. The evaluation process needs to be quick and efficient, without any trials or litigation involved. Let’s face it, no one in the medical community wants to go through that ordeal!
At the end of the day, the priority is to ensure that patients receive the proper care they need, regardless of the circumstances.
Navigating EMTALA Regulations is Challenging for Healthcare Providers
The EMTALA statute isn’t written in “plain English.” It’s a lot for busy facilities to comprehend! There are a lot of nuances that need special attention. Let’s look at a few examples.
Patient stabilization
Determining stabilization is like a complex puzzle, and it ultimately falls to the medical professionals attending to the patient. For pregnant patients, for example, stabilization is achieved after delivery of the infant and placenta. However, the situation isn’t always so black and white. It often falls to physicians to determine what an acceptable level of stabilization is before additional considerations can be made, such as transfer to another facility.
Transfer to another facility
When it comes to the regulations associated with the appropriate transfer statute, hospitals and attending physicians have a lot on their plate. Not only must they ensure the care and well-being of their patients, they must also comply with the laws laid out in EMTALA. This ongoing process requires dedication and attention to detail.
Navigating refusal of care
Consider a patient who refuses examination or treatment. In this case, the hospital’s medical record must contain a description of the refused examination or treatment, and receive the patient’s signature. Additionally, if a patient requests transfer to a different hospital, the request must be made in writing and still meet the appropriate transfer requirements.
While it may be a challenge, finding the right steps to balance patient care and EMTALA regulations is crucial. It’s a tough balancing act, but one that’s necessary for the safety and care of the patients. Much of the burden falls on providers, which makes it crucially important to train staff on compliance standards when it comes to EMALA.
Training Staff on Compliance Standards
When it comes to EMTALA, it’s no secret that the requirements can sometimes feel overwhelming — but let’s be real: they’re an essential aspect of healthcare today. Although healthcare facilities are the ones who bear the brunt of penalties if EMTALA isn’t implemented correctly, it’s ultimately the individuals who work in them that are affected. That’s why it’s becoming increasingly important for hospital staff to understand and administer EMTALA effectively.
With busy training schedules, it’s crucial for cohesive resources to be available to impart knowledge and prevent any unnecessary fines or penalties for both the hospital and staff. It’s worth remembering that individuals can face penalties for inappropriate transfers or false certifications, so knowledge is key. Organizations have a duty to their clinicians to make EMTALA training resources available.
Use this worksheet to design an effective compliance training program.
Ongoing Compliance is Key
In the healthcare industry, compliance is always key. EMTALA is just one of the many regulations facilities must adhere to, but true compliance can be a fine line to walk. Hospital staff must balance patient care with following the rules established by the government to benefit patients and prevent discrimination. Finding a way to efficiently impart knowledge while not taking away from vital patient care time can be a challenge.
MedTrainer is here to help. We provide an all-in-one solution that allows you to upload customized documents and policies for employee acknowledgment, keeping you in compliance so you can focus your efforts on providing the best level of patient care. Schedule a demo today and see for yourself!