2. As chief operating officer of a large inner-city hospital, you note that the
ID: 239497 • Letter: 2
Question
2. As chief operating officer of a large inner-city hospital, you note that the hospital has seen a rise in utilization of Emergency Department visits by patients who are not “emergently” ill, and who want minor illnesses cared for. Most of these patients have Medicaid and have received the same health care coverage under the provisions of the Affordable Care Act. Understanding the legal responsibilities under EMTALA, what might be the most appropriate way of dealing with the overutilization of Emergency Department services? (Cite references as needed.)(250 Words)
Explanation / Answer
Though the initial intent of EMTALA was to safeguard nondiscriminatory admission to spare medical maintenance, its practical consequences have extended knowingly over the ages and ascend from 3 foundations: the statute's innovative language; the explanatory strategies that have been delivered by HCFA, which are not simply propositions but have the force of law; and the numerous federal courtyard conclusions that have occasioned from unproven EMTALA defilements. Since EMTALA is a central statute, such cases are typically heard in federal judges. These comprise the federal region judges, the US Court of Petitions, and lastly the US Supreme Court of law.
EMTALA levies 3 dissimilar legal obligations on hospitals. Conferring to the decree, only amenities that contribute in Medicare are encompassed, but this incorporates almost 98% of all US hospitals. First, hospitals must achieve a medical screening inspection (MSE) on slightly individual who originates to the hospital and requirements care to control whether an emergency medical complaint (EMC) happens. Additional, if an EMC is, hospital staff must moreover steady that disorder to the degree of their aptitude or transmission the patient to additional hospital with the suitable competences. Lastly, hospitals with particular competences or amenities are obligatory to receive transmissions of patients in need of such particular facilities if they have the volume to treat them.
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