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Holland & Hart News Update

EMTALA: Guide for Exams, Treatment and Transfers

The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital; violations may result in penalties of $53,000 to $105,000; private lawsuits; and/or termination of the hospital’s Medicare provider agreement.  To help hospitals and providers comply, Holland & Hart has published it’s EMTALA Guide, which is available here: EMTALA: Guide for Exams, Treatment and Transfers

Among other things, the Guide addresses:

  • Which entities are covered by EMTALA?
  • When and where is EMTALA triggered?
  • EMTALA and urgent care centers.
  • Ambulances and diversions.
  • When and what is required for an appropriate medical screening exam (“MSE”)?
  • Who can perform MSEs?
  • How to determine if a patient is stabilized.
  • What is required for an appropriate transfer?
  • When must another facility receive transfers?
  • Documenting refusal of treatment or transfers.
  • Reporting EMTALA violations.

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.


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