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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.

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