EMTALA Enforcement on the Rise

Minimizing Hospital and Physician Liability and Defending Patient Lawsuits

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, April 26, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare healthcare counsel to advise hospitals and physicians on measures to ensure compliance, minimize liability and defend patient lawsuits under the Emergency Medical Treatment and Active Labor Act (EMTALA).

Description

EMTALA requires hospitals participating in the Medicare program to screen for emergency conditions and provide stabilizing treatment to all persons presenting to a hospital's emergency department, regardless of their ability to pay.

As hospitals seek ways to make patient treatment more efficient and the government continues its aggressive oversight of hospitals, issues of EMTALA compliance often arise. Noncompliance with the Act can result in civil penalties and patient lawsuits.

The Centers for Medicare and Medicaid Services (CMS) recently requested public comment on whether EMTALA should apply to inpatients and hospitals with specialized capabilities—comments are due in April. CMS's renewed focus on EMTALA means hospitals should immediately review their EMTALA compliance.

Listen as our authoritative panel of healthcare attorneys explains the obligations EMTALA imposes on hospitals participating in the Medicare program, outlines the gray areas for hospitals and physicians in EMTALA compliance, and offers best practices to avoid or minimize government penalties and defend patient lawsuits.

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Outline

  1. EMTALA obligations for hospitals
    1. Appropriate medical screening
    2. Stabilize medical condition
    3. Appropriate transfer
  2. Risks of noncompliance
    1. Civil monetary penalties imposed by the OIG
    2. Termination from Medicare program
    3. State enforcement against physicians
    4. Patient lawsuits
  3. Common legal questions arising under EMTALA
    1. What is an emergency medical condition?
    2. When does medical screening end?
    3. What does "within the medical facility's capability" mean?
    4. What is an appropriate transfer?
    5. When does the EMTALA obligation end?
    6. Other questions
  4. Best practices to minimize liability exposure
  5. Best practices to defend patient lawsuits
  6. On the horizon—recent CMS solicitation for comments on EMTALA transfers to specialized hospitals

Benefits

The panel will review these and other key questions:

  • What obligations does EMTALA place upon hospitals and physicians?
  • In what areas of hospital operations are facilities and physicians most likely to be vulnerable to potential EMTALA violations?
  • What steps can hospitals, physicians and healthcare counsel take to ensure compliance with EMTALA?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Gina Ginn Greenwood
Gina Ginn Greenwood

Atty
Baker, Donelson, Bearman, Caldwell & Berkowitz

She concentrates her practice on a wide range of health care related matters, including EMTALA compliance. She is a...  |  Read More

Nathan A. Kottkamp
Nathan A. Kottkamp

Partner
McGuireWoods

Mr. Kottkamp concentrates in healthcare law, including Medicare, Medicaid, managed care, third-party...  |  Read More

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