EMTALA Answer Book, 2027 Edition

List of Questions

Summary of EMTALA Tags

Chapter 1: EMTALA Overview and Post-Enactment History

Chapter 2: Comes to the Emergency Department

Locations

Persons

Specific Issues Arising When a Person “Comes to the Emergency Department”

Chapter 3: Medical Screening Examination

Appropriateness of Screening

Finding an Emergency

Misdiagnosis

Patient Consent and Payment

Chapter 4: Treatment Required to Stabilize

Stabilizing Treatment

The Pregnant Patient

Limits on Stabilization

Chapter 5: Transfers

EMTALA Transfers

Requirements for Transfer

Receiving Hospitals

Transportation Between Hospitals

Patient Consent

Chapter 6: Policies, Signs, Logs, and Billing

Hospital Policies

Signs

Logs and Patient Records

Reporting and Billing

Chapter 7: Administrative Enforcement of EMTALA

The Administrative Investigation Process

Civil Money Penalties

Termination Penalties

Physician Enforcement

Public Disclosure of EMTALA Deficiencies

Avoiding or Reducing EMTALA Penalties

Chapter 8: Private Civil Lawsuits Based on EMTALA

Chapter 9: EMTALA and On-Call Physicians

Introduction

Hospital Duties

Physician Duties

Chapter 10: EMTALA and Managed Care

Introduction

Chapter 11: EMTALA and Psychiatry

Chapter 12: EMTALA and Public Emergencies

Chapter 13: Role of Quality Improvement Organizations

Chapter 14: EMTALA Preemption

Chapter 15: EMTALA and Whistleblower Protection

Afterword: EMTALA and the Affordable Care Act

The Patient Protection and Affordable Care Act (2010)

EMTALA and ACA—The Cost of Medical Care

The Future of EMTALA

Appendices

Appendix A: The Emergency Medical Treatment and Active Labor Act (EMTALA)

Appendix B: Regulations—Special Responsibilities of Medicare Hospitals in Emergency Cases

Appendix C: State Operations Manual—Appendix V

Appendix D: Glossary

Appendix E: Office of Inspector General—EMTALA—The Enforcement Process

Appendix F: EMTALA Compliance Checklist

Appendix G: Regulations—Applicability of EMTALA to Inpatients and Specialized Hospitals

Appendix H: The Legislative History of EMTALA

Appendix I: Implementation of Emergency and Disaster-Related Policies and Procedures Relating to EMTALA: With and Without a Section 1135 Waiver

Appendix J: Civil Monetary Settlements Published by the Inspector General, 2002–2021

Appendix K: EMTALA Requirements and Implications Related to Ebola Virus Disease

Appendix L: EMTALA Reported Cases: Supreme Court & Federal Circuit Courts of Appeal

Appendix M: State Operations Manual—Chapter 5 Complaint Procedures

Appendix N: Quality Improvement Organization Manual—Chapter 9

Appendix O: Quality Improvement Organization Manual—Appendix 9-12—Physician Review Worksheet

Appendix P: EMTALA Requirements and Implications Related to Coronavirus Disease 2019