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As discussed below, the government cannot bypass this challenge by labeling EMTALA a mere condition of participation (CoP) in Medicare, saying, "If you want our money, you must follow our rules.
Seeing how the requirement on hospitals would be paid for (by relatively invisible cost-shifting) was hardly rocket science, nor was the inefficiency of the overreliance on emergency care that would be caused by EMTALA hard to predict.
125) The First Circuit, in a hypothetical Bennett appeal, could differentiate its balancing analysis from that in Virmani and University of Pennsylvania because Bennett's federal EMTALA claim did not arise from the peer-review process and the purposes for protecting peer review in health care are different than those in the academic setting.
Introduced in 1986, EMTALA was enacted to address the "critical problem of hospital emergency department dumping of the medically uninsured," a practice by which hospitals refuse to treat or inappropriately transfer patients who are unable to pay for medical care.
EMTALA imposes two distinct duties on hospitals affected by the
EMTALA requires hospitals with emergency departments to conduct preliminary screening examinations on any individual who comes to the emergency department and requests an exam or treatment.
87) Several of the definitions in the EMTALA statute have provoked varying interpretations and debate.
2002, 'Do SANE examinations satisfy the EMTALA requirement for "medical screening"?
The jury returned verdicts for the estate on both the medical negligence and the EMTALA claims.
And the people around this table are very familiar with HIPAA, ERISA, EMTALA, federal tax code, all of which limit the states' abilities to do some of the things that they might otherwise want to try.
Patients reported pain and life threatening conditions as an emergency but seem to have a broad, colloquial understanding of a medical emergency as compared to the esoteric definition utilized by EMTALA.
emergency because there is no exception under EMTALA for direct threats
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