Corporate Compliance

Incorporate EMTALA into ongoing audits, compliance activities

Health Care Auditing Strategies, November 1, 2007

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Litigation against hospitals relating to patient care often include claims of Emergency Medical Treatment and Labor Act of 1986 (EMTALA) violations. It is crucial for hospitals to identify areas of noncompliance and implement changes in policies and procedures prior to the occurrence of an incident or complaint.

"Noncompliance with EMTALA can result in loss of Medicare participation, fines, and other penalties," says Kathrin E. Kudner, an attorney with Dykema in Detroit.

Equip staff with EMTALA understanding

Broadly, EMTALA requires hospitals to screen and stabilize every patient, regardless of their ability to pay. It's illegal to transfer patients just because they don't have insurance or the money to cover medical care. Related regulations make other demands, such as requiring on-call specialists and particular types of treatment prior to transfer.

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