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EMTALA Update 2017 (Two Part Series)
August 16 @ 9:00 am - 11:00 am| $225
What would you do if a CMS surveyor just walked into your hospital to investigate an EMTALA complaint? Don’t be caught off guard. CMS issued a recent deficiency memo showing that over 2,939 hospitals received deficiencies for failure to comply with the federal EMTALA law. Most hospitals were unprepared. This makes it the most frequent area of noncompliance. Common deficiencies will be discussed. Come learn about what you need to know to be compliant and avoid getting a deficiency.
This program will also discuss the proposed changes by the Office of Inspector General (OIG) which will also impact on-call physicians. It will also discuss the Quality Improvement Organization process which is now being done by the two BFCC QIOs. This program will discuss CMS EMTALA memos including the memo on telemedicine and billing issues.
Every hospital that has an emergency department and accepts Medicare and Medicaid patients must follow the federal law and the Center for Medicare and Medicaid Services (CMS) Conditions of Participation Interpretive Guidelines on the Emergency Medical Treatment and Labor Act (EMTALA). Hospitals without emergency departments must comply with EMTALA if they have specialized capabilities. EMTALA can also impact obstetrical patients and behavioral health patients.
This two part webinar will include the regulations and interpretive guidelines and will cover the entire manual. It will include all 12 sections and an expanded section for on-call physicians and outline the shared and community care plan process. Hospitals will need to ensure their policies, procedures, and training is adequate to ensure compliance with EMTALA. The hospital must know how to do a medical screening exam, how to stabilize a patient and what constitutes an emergency medical condition.
This two part, two hour each webinar, will include discussion of a case that will create an enormous expansion of hospital and practitioner liability under federal law. The case, Moses v. Providence Hospital and Medical Centers, Inc., No. 07-2111 (6th Cir. April 2009), overruled the CMS regulation that EMTALA obligations ends when the hospital admits the patient in good faith. Those states in the 6th Circuit (Ohio, Kentucky, Tennessee, and Michigan) must now follow this case as precedent. Sometimes the result may be different if the patient files a lawsuit as opposed to filing a complaint with CMS. This case illustrates the importance of understanding the role that case law has on the outcome of EMTALA litigation. Patients can complain to CMS and request an investigation or they have the option of going and directly filing a lawsuit.
Failure to comply and follow the federal EMTALA for all hospitals, including critical access hospitals, could result in loss of Medicare and Medicaid payments. Money fines can be assessed against hospitals and physicians who negligently violate the EMTALA law. There has been increased activity in the area of EMTALA.
The federal EMTALA law and the accompanying regulations are complex. This program is structured to make the requirements understandable with the liberal use of examples.REGISTER NOW