UMEM Educational Pearls

Category: Med-Legal

Title: EMTALA (Part Two)

Posted: 12/1/2007 by Michael Bond, MD (Emailed: 12/8/2007) (Updated: 10/18/2019)
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EMTALA (Part Two)

  • Hospitals may not delay screening examinations to inquire about payment.
  • Emergency departments should not contact HMOs before completion of the screening examinations and stabilizing treatment.
  • Triage does not constitute a MSE.
  • For the purposes of EMTALA, a patient has come to the ED when he arrives on hospital property.
  • EMTALA does not apply to offsite clinics unless (1) the clinic is licensed as an emergency department, (2) the hospital advertises the clinic as an ED, or (3) during the preceding year, 1/3 of all outpatient visits were for EMCs.
  • EMTALA does not apply to inpatients, unless the hospital admitted the patient in bad faith.
  • Since Nov. 2003, a specialty represented at the hospital does not always have to be on call.

Thanks to Larry Weiss, MD, JD

Disclaimer: This information does not constitute legal advice, is general in nature, and because individual circumstances differ it should not be interpreted as legal advice.The speaker provides this information only for Continuing Medical Education purposes.