The Emergency Medical Transfer And Active Labor Act was enacted by Congress to prevent hospitals from rejecting, refusing to treat or transferring patients because they are unable to pay or lack insurance coverage. Federal regulations implementing the EMTALA statute require that acute care hospitals, including on-campus outpatient departments of such hospitals, provide any individual who comes to the hospital and requests an examination or treatment for a potential emergency medical condition with a medical screening examination and either stabilizing treatment or a transfer to another facility, regardless of that individual’s ability to pay. Failure to comply with these regulations can result in severe penalties including fines and the loss of public funding. However, the range and scope of these regulations, as well as their practical interpretation can be confusing and many facilities are not aware they are potentially in violation until the Department of Health investigates a compliant and they subsequently receive a citation from CMS. Further, the impact of managed care and the utilization of emergency rooms as a substitute for primary healthcare by a growing number of individuals has substantially increased the liability of most hospitals.
To assist hospitals in assessing their level of compliance, CSM has developed a comprehensive assessment process designed to identify areas of risk, as well as individual deficiencies. As part of the assessment process, CSM will also provide a clear detailed action plan to resolve all potential and specific areas of concern including draft policies, forms and staff training models. CSM can also work with organizations who have been surveyed and who either anticipate or have received a specific notice of non-compliance.
Clinical Services Management, P.C.
6 Prospect Street, Suite 3B
Midland Park, NJ 07432