CMS releases final rule on EMTALA regulations
Compliance Monitor, August 6, 2008
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On July 31, CMS released its final regulations for inpatient prospective payment system (IPPS) final rule for fiscal year (FY) 2009. In the document, CMS gave guidance for hospitals looking to set up community call plans to fulfill their on-call requirements to the Emergency Medical Treatment and Active Labor Act (EMTALA).
A community plan would allow two or more hospitals to coordinate on-call coverage within a geographic area. Within a given time period the hospitals would designate one facility to offer specific coverage. The other hospitals would transfer patients needing specific care to that facility.
The new regulations require a formal plan that includes all of the following elements:
- A clear delineation of on-call responsibilities for each hospital participating in the plan
- A description of the geographic area covered by the plan
- The signature of an appropriate representative of each participating hospital
- Assurances that local and regional emergency medical system protocols include information on community call arrangements
- A statement reaffirming the obligation of each participating hospital to meet its EMTALA obligations for medical screening and stabilizing treatment with its capacity, and to comply with the EMTALA transfer requirements
- An annual assessment of the plan by the participating hospitals
CMS also stated, in the IPPS Final Rule, that it would not extend the accepting hospital obligation to include the transfer of an inpatient admitted from the emergency department with an unstabilized condition that had been stabilized during the inpatient stay.
To read the IPPS Final Rule for Fiscal Year 2009, click here
Use The EMTALA Survival Kit to train your staff on EMTALA regulations. For more information, visit the HCPro Marketplace.
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