EMTALA Common Practices That Cause You Problems

Monday, September 20, 2010 at 8:50:59 AM

EMTALA law renders many common practices illegal, even though on the surface they may seem like good business practices. These practices may result in violations and fines. EMTALA requires physicians to render care within their privileges, not their scope of usual practice. The specialist must come in and justify in writing any transfers and effect the transfer. If beyond the privileges of the physician, CMS expects the physician to come in, evaluate, and arrange transfer if appropriate services are not available. It is also not acceptable to decline a transfer from a hospital without the capability to deal with the patientís needs when a bed could be made available at the destination hospital where the physician is on-call. Any hospital with specialized capabilities greater than those of the sending hospital must accept all patients in transfer regardless of their means or ability to pay. (from Medlaw.com)

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