Pali Lipoma-Director, Corporate Compliance September 2017

Similar documents
EMTALA Emergency Medical Treatment and Active Labor Act

Emergency Medical Treatment and Active Labor Act. Deirdre Newton Senior Counsel NYC Health + Hospitals Office of Legal Affairs

SYSTEM POLICY EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT ( EMTALA )

EL PASO COUNTY HOSPITAL POLICY: P-2 DISTRICT POLICY EFFECTIVE DATE: 02/05 LAST REVIEW DATE: 03/17

EMTALA: SCREENING, STABILIZATION AND TRANSFER

Slide 1 DN1. Emergency Medical Treatment and Active Labor Act Deirdre Newton, 8/24/2012

EMTALA. Federal Law and the Medical Staff. Shaheed Koury, MD, MBA, FACEP SVP & Chief Medical Officer Quorum Health

EMTALA TRAINING. Emergency Medical Treatment and Labor Act

What is EMTALA? Emergency Medical Treatment & Active Labor Act. Federally-mandated requirement [42 CFR ]. Known as the Anti-Dumping Law.

EMTALA: Taking the high road BRANDON LEWIS, DO, MBA, FACOEP, FACEP

EMTALA. Mark Reiter MD MBA FAAEM

EMTALA: Transfer Policy, RI.034

A Review of Current EMTALA and Florida Law

Primer: Overview of the Emergency Medical Treatment and Active Labor Act (EMTALA) Overview:

State Operations Manual Appendix V Interpretive Guidelines Responsibilities of Medicare Participating Hospitals in Emergency Cases

The Emergency Medical Treatment and Labor Act (EMTALA)

Learning Objectives. The EMTALA Framework. EMTALA Update: Challenges in Community and Specialty Hospitals. Originally known as Anti-Dumping Law

DEACONESS HOSPITAL, INC Evansville, Indiana

EMTALA. Santa Rosa Memorial Hospital Medical Staff May 9, 2017

Revised and Amended Statement of Gina G. Greenwood, J.D. 1 Baker Donelson Bearman Caldwell and Berkowitz, PC 2

CASEY COUNTY HOSPITAL EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT ( EMTALA )

SACRED HEART HEALTHCARE SYSTEM SACRED HEART HOSPITAL 421 CHEW STREET ALLENTOWN, PA GENERAL POLICY AND PROCEDURE MANUAL

EMTALA (The Emergency Medical Treatment and Active Labor Act: Screening, Stabilization, and Transfer of Individuals with Emergency Medical Conditions)

HealthStream Regulatory Script

Cheri Benander, MSN, RN, CHC, NHCE-C Director of Compliance Consulting Services, HealthTechS3

EMERGENCY ROOM TREATMENT

EMERGENCY HEALTH CARE SERVICES AND URGENT CARE CENTER SERVICES (MARYLAND ONLY)

EMERGENCY HEALTH CARE SERVICES AND URGENT CARE CENTER SERVICES

EMERGENCY HEALTH SERVICES AND URGENT CARE CENTER SERVICES

EMERGENCY HEALTH CARE SERVICES AND URGENT CARE CENTER SERVICES

EMTALA and Behavioral Health. Catherine Greaves

Current Status: Pending PolicyStat ID: LL.EM.001.EMTALA Definitions

Emergency Medical Treatment and Active Labor Act ( EMTALA )

State Operations Manual. Appendix V Interpretive Guidelines Responsibilities of Medicare Participating Hospitals In Emergency Cases

Key EMTALA Concepts for ED Staff

PAT Quality Through Compliance. Policies and Procedures. HAWAII HEALTH SYSTEMS C O R P O R A T I O N Touching Lives Everyday" N/A

Resident/Fellow Training Orientation Policies

Cape Cod Hospital, Falmouth Hospital Financial Assistance Policy

Implementing EMTALA: Strategies for Compliance. Study Guide

Boston Medical Center Financial Assistance Policy. Introduction

All UW Medicine hospitals and provider-based urgent care centers qualifying as Dedicated Emergency Departments (DED), as defined in this policy.

CMS Will Show No Mercy:

2016 EMTALA UPDATE: A Practical Look at the Impact of EMTALA

Welcome to the County Medical Services Program!

Lahey Clinic Hospital, Inc. Financial Assistance Policy

AHLA. C. Great Expectations: CMS Enforcement of EMTALA. Jesse Neil Senior Operations Counsel Community Health Systems Franklin, TN

We Get Letters May 2004 Number 11

EMTALA. A 30 th Anniversary Journey. Steve Lipton. Cal. Society of Healthcare Risk Management March 10, Hooper, Lundy & Bookman, P.C.

TODAY S WEBINAR Ebola and the Law: What Hospitals Can Do Now to Prepare

Policies and Procedures

Current Status: Pending PolicyStat ID:

Crisis Triage, Walk-ins and Mobile Crisis Services

You recently called the Medicare Rights helpline for assistance with a denial from your Medicare private health plan.

Policies and Procedures

Benefits by Service: Outpatient Hospital Services (October 2006)

EMTALA A Guide to Patient Anti-Dumping Laws

31470 Federal Register / Vol. 67, No. 90 / Thursday, May 9, 2002 / Proposed Rules

INDIAN HEALTH SERVICE (IHS) ADDENDUM TWO (2) SOONERCARE O-EPIC PRIMARY CARE PROVIDER/CASE MANAGEMENT

Legal/Regulatory Overview EMTALA Anti-Dumping

Patient Financial Services Policy

2014 ACEP URGENT CARE POLL RESULTS

PRACTICE RESOURCE EMTALA

Provider Evaluation of Performance. Plan. Tennessee

Patient Rights & Responsibilities and Advance Directives. Annual Training Program

ARTICLE II. HOSPITAL/CLINIC AGREEMENT INCORPORATED

Fidelis Care New York Provider Manual 22B-1 V /12/15

EXPERT REPORTS ON THE NEW EMTALA GUIDELINES. from Emergency Physician LEGAL BULLETIN Volume 9, Number 5, 1999

Benefits by Service: Inpatient Hospital Services, other than in an Institution for Mental Diseases (October 2006) Definition/Notes

O n September 9, 2003, the Centers for Medicare and Medicaid Services (CMS)

DIGNITY HEALTH GOVERNANCE POLICY AND PROCEDURE

RULES OF DEPARTMENT OF HEALTH DIVISION OF HEALTH CARE FACILITIES CHAPTER STANDARDS FOR QUALITY OF CARE FOR HEALTH MAINTENANCE ORGANIZATIONS

OHIO PREGNANCY ASSOCIATED MORTALITY REVIEW (PAMR) TEAM ASSOCIATED FACTORS FORM

Appendix A: Requirements and Best Practices for Reportable Incidents

OASIS HOSPITAL GOVERNANCE POLICY AND PROCEDURE

Member Guide County Medical Services Program (CMSP)

$traight Talk Hot Topics. Free Standing EDs. Free Standing EDs 11/6/2017. David A. McKenzie, CAE ACEP Reimbursement Director

Sentinel Event Data. General Information Copyright, The Joint Commission

Department of Defense DIRECTIVE. SUBJECT: Mental Health Evaluations of Members of the Armed Forces

Abuse and Neglect Investigation: Alaska Psychiatric Institute (API) API Violates Patients Rights in Handling Patients Grievances

Psychiatric Patient Boarding Problems in the Emergency Department

State of New Jersey DEPARTMENT OF BANKING AND INSURANCE INDIVIDUAL HEALTH COVERAGE PROGRAM PO BOX 325 TRENTON, NJ

Sentinel Event Data. General Information Q Copyright, The Joint Commission

PATIENT ACCESS PROCEDURES

Chapter 3. Covered Services

EMERGENCY HEALTH SERVICES AND URGENT CARE CENTER SERVICES

Lawrence General Hospital. Financial Assistance Policy for Healthcare Services

Passport Advantage Provider Manual Section 5.0 Utilization Management

Declining Emergency Medical Care or Transport

Protocols and Guidelines for the State of New York

RIVERSIDE UNIVERSITY HEALTH SYSTEM MEDICAL CENTER Housewide

Chapter 2 Provider Responsibilities Unit 6: Behavioral Health Care Specialists

LOUISIANA MEDICAID LEVEL OF CARE GUIDELINES

Administrative Policies and Procedures FINANCIAL ASSISTANCE

SAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY DESTINATION POLICY

EMTALA Technical Advisory Group (TAG) Update David Siegel, M.D., J.D., FACEP, FACP Chair

ACEP EMERGENCY DEPARTMENT VIOLENCE POLL RESEARCH RESULTS

ST. VINCENT S MEDICAL CENTER. FINANCIAL ASSISTANCE POLICY Effective as of July 1, 2016

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Blue Care Elect PREFERRED. Subscriber Certificate

SAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY DOCUMENTATION, EVALUATION AND NON-TRANSPORTS

Transcription:

Pali Lipoma-Director, Corporate Compliance September 2017

Review the intent of the Emergency Medical Treatment and Labor Act (EMTALA). Review key definitions used for EMTALA compliance. Review requirements for patient transfer. Review hospital responsibilities for on-call coverage. Review possible EMTALA violations. education (downloaded 8/11/17) 2

Violations may result in Patient harm Termination of hospital Medicare provider agreement Termination of physicians from the Medicare/Medicaid program Fines up to $50,000 per violation if 100 or more beds ($25,000 per violation if fewer than 100 beds) Physician fines up to $50,000 per violation Civil suits against hospitals education (downloaded 8/11/17) 3

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law intended to prevent hospitals with dedicated emergency departments (EDs) from refusing to treat patients or transferring them to public or charity hospitals because the patients are unable to pay, are uninsured, or are covered by Medicare or Medicaid. education (downloaded 8/11/17) 4

Post conspicuously in all dedicated ED entrance(s), waiting room(s), and admitting and treatment areas. Specify EMTALA rights of individuals with emergency medical conditions and women in labor. Indicate whether facility participates in Medicaid. Keep wording clear and simple. Ensure signage is in languages understandable by population served by the hospital. education (downloaded 8/11/17) 5

Individuals who present to the ED and request care for a medical condition Individuals who present on hospital property (main campus and hospital-owned buildings within 250 yards of the hospital) requesting care or reasonably appearing to need care for what may be an emergency medical condition Individuals in hospital-owned and -operated ambulances, unless diverted under emergency medical services (EMS) protocols Individuals who present for medical treatment in the ED who are in nonhospital ambulances on hospital property education (downloaded 8/11/17) 6

Dedicated emergency department Comes to the hospital Hospital property Emergency medical condition Medical screening examination Stabilize Appropriate transfer education (downloaded 8/11/17) 7

Medicare-participating hospitals (including critical-access facilities) with a dedicated emergency department Licensed by the state as an emergency room or department Holds itself out to public as provider of emergency care, or 1/3 of visits in previous calendar year were for emergency care Labor and delivery unit or psychiatric unit may be a dedicated emergency department. education (downloaded 8/11/17) 8

EMTALA applies to: Patient who comes to dedicated ED if Request for exam or treatment is for medical condition or Prudent layperson would believe that person needs exam or treatment for medical condition Patient in other hospital department or on campus if Request for exam or treatment is for emergency condition or Prudent layperson would believe that person needs exam or treatment for emergency condition education (downloaded 8/11/17) 9

Patient comes to the office of Dr. Jones located within 50 yards of the hospital building for a annual visit. While at the appointment, patient starts complaining of chest pains. Dr. Jones is an independent physician who owns his practice and is not employed by or under contract with the hospital. Based on EMTALA is the hospital obligated to treat this patient? education (downloaded 8/11/17) 10

The main hospital building(s) Including those within 250 yards of the main building(s) Driveways, parking lots, sidewalks education (downloaded 8/11/17) 11

A condition with acute symptoms (including pain, psychiatric condition, substance abuse, etc.) that the absence of immediate attention could reasonably result in: Serious jeopardy to health of individual or unborn child Impairment of bodily functions Dysfunction of any bodily organ or part education (downloaded 8/11/17) 12

Risk management tips: Ensure that policies are in place at off-campus nonemergency facilities for dealing with individuals who seek emergency care. Note that such policies and procedures are needed to comply with Medicare Conditions of Participation. education (downloaded 8/11/17) 13

A hospital s EMTALA obligation begins when the patient arrives via ambulance on hospital property. If ED staff are unable to immediately attend to the patient because they are dealing with multiple trauma cases, ask the EMS provider to stay with the patient. Even if unable to immediately complete a medical screening exam, assess the individual s condition upon arrival to ensure the patient is appropriately prioritized. education (downloaded 8/11/17) 14

Court of appeals decisions from the first and ninth circuits find EMTALA applies when a patient is in route to the hospital via ambulance and contact is made with the hospital, whether or not the ambulance is owned by the hospital. Affects hospitals in the first circuit which covers Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico and the ninth circuit which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. education (downloaded 8/11/17) 15

Used to determine whether there is an emergency medical condition; triage is not screening Performed by physician or hospital board approved non-physicians Conducted without delay (i.e., patient registration may need to wait until screening is conducted) Based on the capacity of the hospital resources and staff routinely available to inpatients with emergencies education (downloaded 8/11/17) 16

Consultation with patient s private physician must not delay screening or treatment for emergency medical condition. If emergency condition exists, perform and document continuous monitoring until patient is stable or transferred. Off-campus departments must have policies/procedures for appraisal of emergencies. education (downloaded 8/11/17) 17

Screen first; ask insurance questions later to avoid delay. Screen minors first; get parental consent later if an emergency medical condition does not exist. Document facts and circumstances concerning individuals who leave without being seen or who leave against medical advice. Neither staff nor signage should discourage anyone from being screened. education (downloaded 8/11/17) 18

Not all screenings need be equally extensive; they should be tailored to the individual s presenting complaints or symptoms. A screening exam can range from obtaining a brief history and performing a physical exam to obtaining ancillary tests such as lumbar punctures and lab or diagnostic imaging studies. Medical screenings should be applied consistently to all individuals with similar medical conditions. education (downloaded 8/11/17) 19

Medical screening exams are to be performed by staff who are designated as qualified by hospital bylaws, rules, and regulations and who are acting within the scope of state licensure. education (downloaded 8/11/17) 20

To stabilize means: No material deterioration of the emergency medical condition is likely, within a reasonable degree of medical probability, to result from or occur during the transfer For woman in labor, child and placenta are delivered Psychiatric patients are protected and prevented from injuring or harming self/others Actions are within the capabilities and capacity of the staff and the facilities generally available education (downloaded 8/11/17) 21

Capability includes coverage available through on-call list. Capacity includes whatever a hospital customarily does to accommodate patients in excess of occupancy limits. education (downloaded 8/11/17) 22

A transfer is moving a patient outside a hospital s facilities, and is appropriate: When a hospital has exhausted all its capabilities in attempting to resolve the emergency medical condition When a hospital is operating beyond capacity, and patient needs immediate stabilizing treatment Transfer of unstable patient requires: Transfer is appropriate Written, informed request; or Physician certification that benefits outweigh risks; or Qualified medical person certification, with physician countersignature education (downloaded 8/11/17) 23

Appropriate transfer Ensure treatment within transferring hospital s capacity that minimizes risks to the individual s health If not capable of handling high-risk deliveries, may have transfer agreements with facilities capable of handling high-risk deliveries and high-risk infants Receiving facility has agreed and has space and personnel Effected through qualified personnel, transportation, and equipment All available medical records relating to emergency medical condition are sent with patient and other records (e.g., test results) are sent with patient or as soon as practicable Written consent or certification Provide name/address of on-call physician if refused or failed to appear Document services performed before transfer education (downloaded 8/11/17) 24

Receiving hospitals Hospital with specialized capabilities and capacity to treat may not refuse a transferred patient who requires such specialized capabilities. This obligation may disappear if the patient is admitted to our hospital. EMTALA obligations are triggered when individual with emergency medical condition is transferred. Need not accept if the transferring hospital has such specialized capabilities Need not accept transfers from hospitals located outside the boundaries of the United States Hospital must report, within 72 hours, if it has a reason to believe an improper transfer was made. Failure to report may trigger Medicare termination notice. education (downloaded 8/11/17) 25

Hospital must offer further examination, treatment Inform of risks/benefits Document description of exam/treatment/transfer offered Document informed refusal in medical record, including reason(s) for refusal Take reasonable steps to obtain written refusal that includes disclosure of risks/benefits Document facts and circumstances of refusal to sign education (downloaded 8/11/17) 26

Compliance & Risk management tip: An individual (Surrogate) may refuse an examination, treatment, or transfer on behalf of a patient only if the patient is incapable of making an informed choice. Behavioral patients may lack competence to consent or refuse if involuntarily held. education (downloaded 8/11/17) 27

Individual physician names must appear on list Maintain in accordance with the resources available at the hospital; on-call physician coverage unnecessary if service not routinely offered by hospital Consider number of staff physicians and other demands made on them, frequency that patients need services of on-call physicians, and what provisions are made for unavailability of on-call specialists Policies and procedures for simultaneous call, elective surgery, backup call, and expected response time Hospital may provide exemption from on-call duties (e.g., senior physicians) education (downloaded 8/11/17) 28

ED physician determines whether on-call physician must come to ED. If on-call physician refuses or fails to arrive in a timely manner at ED, both physician and hospital may violate EMTALA. On-call physician may direct non-physician practitioner to go to ED, in accordance with bylaws, hospital rules and regulations, and state scope-ofpractice laws. If the treating physician disagrees with the on-call physician s decision to send a representative and requests the on-call physician to appear, the oncall physician is obligated under EMTALA to appear in person. education (downloaded 8/11/17) 29

Determination, after Medical Screening Exam, no Emergency Medical Condition exists Patient is stabilized Patient is admitted Patient is appropriately Transferred education (downloaded 8/11/17) 30

Presents to ED solely as part of evidence gathering for criminal cases (e.g., blood alcohol, sexual assault) Hospital is not obligated to provide medical screening exam, but if individual was involved in motor vehicle accident or otherwise may have sustained injury, a medical screening exam is warranted to determine if an emergency medical condition exists (prudent layperson standard). Presents to ED for clearance for incarceration Hospital has obligation to provide medical screening exam. education (downloaded 8/11/17) 31

Hospital must not penalize: Physicians or qualified medical personnel who refuse to authorize transfer of unstable patient Employees who report EMTALA violations education (downloaded 8/11/17) 32

Possible violations Lack of EMTALA bylaws, policies, procedures For receiving hospitals, no report of suspected violations by transferring facilities Sign not posted or noncompliant signage Inadequate record retention transfer records must be retained for 5 years No list of on-call physicians No central log of each individual who comes to the hospital for emergency services Lack of appropriate medical screening education (downloaded 8/11/17) 33

Failure of on-call physician to respond or respond in timely manner Lack of stabilizing treatment Examination or treatment delayed to inquire about payment Inappropriate transfer No whistleblower protections As receiving hospital, failure to meet responsibilities Admission solely to avoid EMTALA obligations education (downloaded 8/11/17) 34

1. Log in every individual who presents, and document complaint/diagnosis and disposition. 2. Triage patients per protocol. 3. Provide medical screening exam in nondiscriminatory manner by physician or authorized provider, and obtain and document vital signs during stay and at time of discharge or transfer. education (downloaded 8/11/17) 35

4. Do not delay or discourage screening to discuss payment. 5. Document acceptance and name/title of accepting individual from receiving hospital on transfer forms, and obtain patient s written consent or refusal. 6. Provide medically appropriate transport, personnel, and equipment. Personal vehicles are seldom appropriate. 7. Verify benefits outweigh risks of transfer. education (downloaded 8/11/17) 36

8. When transferring, provide medical records, test results, reports, and consultation records with patient, and document on transfer form. 9. Document name of on-call physician who fails to respond or respond in timely manner. 10. Report violations by other facilities. education (downloaded 8/11/17) 37

education (downloaded 8/11/17) 38