Preview

Pros And Cons Of EMTALA

Good Essays
Open Document
Open Document
1550 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pros And Cons Of EMTALA
EMTALA stands for the Emergency Medical Treatment and Active Labor Act. Congress passed the legislation in 1986, making it a federal law. EMTALA states that hospitals must treat anyone who comes into the Emergency Department, of a Medicare payment receiving hospital, requesting medical attention, must be seen regardless of the individual’s ability to pay. Although, the law directs Medicare accepting hospitals it addresses any and all people wanting medical attention. Relatively all hospitals in the United States participate in and receive monies from Medicare. The EMTALA legislation therefore, governs relatively all hospitals in the U.S. The wording of “anyone” coming into an Emergency Department is EMTALA’s attempt to cover every person in the U.S. experiencing a medical crisis. For much of the United States’ history, problems with private hospitals refusing to treat people without financial means and transferring them to public hospitals existed. Many patients who were in serious medical crisis did not survive the journey or many died soon after. This proved that these transfers can be detrimental to the emergency victim’s health. In 1980, a private St. Louis hospital refused treatment to a man with a steak knife in his back, against his spine. The …show more content…
There are pros and cons. Some medical people believe that the EMTALA legislation creates some problems for hospitals. Knowing that hospitals must take care of every person, people may use the ED for routine doctor visit situations. These people believe this contributes to the sometime overcrowding of ED’s. Another problem is that EMTALA legislation mandates caring for everyone no matter what. The hospital therefore, may not get paid. “According to the American College of Emergency Physicians, 55 percent of emergency care goes

You May Also Find These Documents Helpful

  • Good Essays

    Case Brief The Day After

    • 994 Words
    • 3 Pages

    Over the last 18 months the average occupancy at Riley Memorial Hospital had fallen. This was certainly a cause for concern for Charlie and the hospital board. As a result, 134 employees were laid off to keep the hospital out of the red. This led to the closing of two specialized nursing units, which had a few trustees and several physicians extremely upset with the board’s decision. Charlie’s relationship with the board and medical staff had changed over time because of his inability to control the number of matters of importance due to a changing external environment. Consequently, Charlie lost his ability to make necessary decisions in a timely manner. With four physicians on the board, Charlie met with resistance when he tried to prepare the board for the economic downturn and the publics decline in the use of physicians and hospitals. Furthermore, Charlie met with resistance once again when he tried to review a proposed contract submitted by a health maintenance organization with the board. Instead of listening to what Charlie had to say, the four physicians persuaded the board to support private practitioners and engage in fee-for-service medicine. The board assured Charlie that the physicians would keep the hospitals needs and interests above those of the medical staff. Charlie appointed Bill Handy as the COO of Riley Memorial Hospital and turned over all internal operations to him. Although this new appointment was fully endorsed by the board, it was never understood or accepted by many of the physicians. The physicians at Riley Memorial Hospital considered Charlie’s role to primarily serve the interests of the medical staff. Many physicians believed Charlie did…

    • 994 Words
    • 3 Pages
    Good Essays
  • Good Essays

    EMTALA Case Summary

    • 764 Words
    • 4 Pages

    definition the patient did not appear to be in active labor as she delivered 4 days after the initial evaluation. The patient was sent home and returned to Memorial Hospital where she delivered. Based on these findings the defense argument, that the patient was not transferred to another facility nor did they attempt to transferred the patient to another facility does hold some credence. According to Zibulewsky, (2001)The initial intent of EMTALA was to ensure nondiscriminatory access to emergency medical care. The mere fact that the physician recommended follow-up at an outside facility after adequately evaluated and treating the patient, would not be an EMTALA violation. However, refusing to see the patient back in the future when she was in active labor, clearly would be an EMTALA violation. Because of the distance to Galveston, it is unreasonable to assume that the patient could without exception make it to another facility for delivery. On reviewing the case and other associated evaluations performed by Memorial Hospital, it becomes clear that the hospital has established a pattern of not managing indigent patients and was involved in the practice of diverting them to other facilities. Based on these findings it appears that several infractions of the EMTALA have been committed by the facility. Whether the case in question falls strictly under these guidelines it is unclear. I believe part of the court's decision to find against the defendant was the result of the pattern of behavior that was established by the facility and the treating physician. Because there is clear violation of EMTALA, further action should be taken by the medical review board. The fines can include up to $50,000 against the hospital and physician for each violation as well as possible termination of the hospital and providers Medicare provider…

    • 764 Words
    • 4 Pages
    Good Essays
  • Good Essays

    EHR Case Study Essay

    • 820 Words
    • 4 Pages

    Electronic health records (EHR) are being applied in healthcare systems for the dual purpose of improving healthcare quality and decreasing operating costs. More than 50% of doctors and other eligible providers have received Medicare or Medicaid incentive payments for implementation of EHRs and over 80% of hospitals successfully incorporated the EHR by the end of 2013 thus getting incentive payments (Business Wire, 2013). Emergency departments are faced with problems such as overcrowding, job stress, skeleton crews and work flow interruptions. The main concern for introducing the EHR is if it will improve…

    • 820 Words
    • 4 Pages
    Good Essays
  • Good Essays

    David Goldhill, author of “How American Healthcare Killed My Father” describes himself as a businessman with no more expertise or connection with the United States healthcare system than any other patient with ordinary encounters. This is until his father entered a non-profit hospital in New York City with pneumonia. The end result of this hospital visit, which is not entirely uncommon for an elderly person, is an unexpected death and a son’s personal exploration of why it happened and what could be done to prevent this incident in the future. According to the Goldhill, his father entered the hospital and acquired sepsis within thirty-six hours of admission. Over the course of the next five weeks, which were spent in the hospital’s intensive care unit, the infections acquired were more than the his father could fight and quickly led to his inexcusable demise.…

    • 954 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Cobbs V. Grant Case Study

    • 366 Words
    • 2 Pages

    The theme of Module Five is that every patient has a right to receive emergency care and every patient has a right to informed consent. The emergency medical treatment and active labor act (EMTALA) requires hospital that receive Medicare payments to provide care to patients regardless of citizenship, ability to pay, or legal status. Hospitals with EDs that serve Medicare patients must abide by EMTALA, which is a statute that requires stabilization of any patient that presents to the emergency department. An emergency situation as we identified at class is either when the patient is dying, when a woman giving birth, or something about unnatural disability. It's easy for patients to feel powerless in these types of situations, as they present with an illness. That’s why hospital administrators and providers have the duty to give patients every angle of their medical situation. Patients must have all the information about their diagnosis and treatment…

    • 366 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Emergency Medical Treatment and Labor Act was passed as a feature of the Consolidated Omnibus Budget Reconciliation Act of 1986. This federal law requires the stabilization and treatment of the patient who arrives at the emergency department, regardless of the individual’s insurance status or ability to pay for services. By law, public and private hospitals are forbidden to repudiate treatment of the patient in an emergency, transfer the patient to another hospital before he is stabilized, or stop treatment altogether because the patient cannot afford the cost of care (EMTALA). Transfers actually served as essential motivation for EMTALA. Studies conducted in the early 1980s revealed 250,000 transfers a year from private to public or Veteran Health Administration hospitals, and almost 90%…

    • 709 Words
    • 3 Pages
    Good Essays
  • Better Essays

    HAI generally occur when a patient’s stay for extended amount of time, the physicians don’t use proper hand washing techniques or medical procedures and so on. This type of risk affects the quality of care to a patient directly. It generally means that the physician or staff may not have followed proper protocol in ensuring the patients safety (Betterhealth.gov.au, 2011). Another risk that hospitals take is patients who do not pay. In 1986 The Emergency Medical Treatment and Labor Act (EMTALA) was passed, which in short states that emergency rooms have to stabilize and treat anyone who goes into an emergency room regardless if they have insurance or can’t pay (American College of Emergency Physicians, 2013). This also affects the quality of care given to those patients because the emergency rooms are required to only do the minimum to stabilize the patients. A third risk in a hospital is medication errors. These occur when either the pharmacist can’t read a physician’s hand writing on a prescription, or the physician does not know the patients medication history and so on. The quality outcome of the patient’s wellbeing is affected in this…

    • 1515 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Er Wait Times

    • 957 Words
    • 4 Pages

    This is just one of many incidents to illustrate the need for the reduction of waiting time in emergency rooms across the nation. Although this is an isolated incident that shows gross negligence, similar events that are not as negligent, but just as irritating for patients, happen every day. The "wait" in the emergency room…

    • 957 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Secondly, there are doctors who try to help their uninsured patients. Uninsured patients are people, who are not getting the best treatment when they get sick, and they are in a tremendous financial risk. After seeing this big problem, doctors have ideal different methods to help their uninsured patients. Some doctors take cases over the phone to save the billing office visits, others provide care for lower price or sometimes for free. Kipling says that “Increasingly in California and other states, doctors such as Ramos are taking matters into their own hands, finding ways to continue care for patients who have no insurance and no money.” I understand that for Dr. Ramos and other physician must be hard to continue to care for the uninsured people.…

    • 546 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Baker Act 10 2013

    • 5119 Words
    • 45 Pages

    Agenda Introduction to related laws Criteria for and initiation of: Risks & Responsibilities Baker Act & Marchman Act Baker Act Involuntary Examinations Marchman Act Involuntary Admissions Emergency Medical Conditions Rights of Persons Training Resources Questions & Answers Baptist Health South Florida October 8, 2013 2 Alternatives to the Baker Act History & Overview Mental Illness Only Marchman Act, Chapter 397 Developmental Disabilities, Chapter 393 History Psychiatric – Not Medical Emergency Examination & Treatment of Incapacitated Persons Act, Chapter 401 Federal EMTALA – Emergency Medical Treatment and Active Labor Act & State’s Access to Emergency Services & Care, 395.1041, F.S. 766.103 Florida Medical Consent Law Probate Rule 5.900…

    • 5119 Words
    • 45 Pages
    Powerful Essays
  • Good Essays

    According to Thompson ((2006), the objective of EMRs is to provide organizations with a health care system that will be more effective and safer in regard to patient confidentiality. EMR will help to reduce patient errors as well as improve the patient’s quality of service through patient’s confidentiality. EMRs health care systems provide companies the capability to accomplish and enhance the value of their company reputation because a patient will not want to provide information to a company that is not capable of protecting their confidential…

    • 1185 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Health care in the United States is a complex business that is always changing because of many factors such as new technology, insurance changes, and currently state involvement. The United States has the highest cost of health care in the world because of many factors such as technology, reimbursement from insurance companies and covering the uninsured patient. One class of uninsured patients is illegal immigrants in the United States that are accessing the health care system. There is debate that illegal immigrants come into the United States with the sole purpose of accessing the health care system through the emergency department (ED) at hospitals because they do not have access to the level of health care in their own country. When illegal…

    • 1120 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    U.S. Healthcare Timeline

    • 260 Words
    • 2 Pages

    | The Emergency Medical Treatment and Active Labor Act (EMTALA) is a U.S. Act of Congress passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospitals to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay.…

    • 260 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    PTSD To EMS Workers Essay

    • 1033 Words
    • 5 Pages

    It is common for only one or two sessions to be offered without the benefit of long term counseling. Another issue that should be addressed is for the EMS provider to receive worker’s compensation or short term disability while being treated. While these disabilities may not be seen like a physical injury, they are very real. This mistaken belief must change.…

    • 1033 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    In spite of its impressive accomplishments, the U.S. health care system is fraught with problems and dilemmas. There is a growing concern that health care is a big, complex, unmanageable business. In this week…

    • 682 Words
    • 3 Pages
    Satisfactory Essays