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EMTALA mirrors a number of state court decisions holding that,
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.
To prohibit hospitals from "dumping" patients unable to pay for the emergency services on other hospitals, EMTALA created standards for transfer.
81) This is, in part, one of the reasons why EMTALA requires most hospitals to provide care to U.
The obligation to maintain a call schedule is imposed on hospitals by a section of the Medicare statute that refers back to the EMTALA obligations.
Physician Marketplace Report: The Impact of EMTALA on Physicians Practices.
Although hospital ERs are intended to treat acute medical conditions, the federal EMTALA mandates that hospitals treat all patients with medical emergencies regardless of their ability to pay.
5 million award for punitive damages was assessed against the hospital for violating EMTALA.
73) EMTALA imposes a legal obligation on hospitals that
We're more than satisfied our program meets the letter and spirit of EMTALA.
The organization is also looking at EMTALA (the Emergency Medical Treatment and Active La-bor Act) as an area in which the federal government could offer a safe harbor for physicians.
They discuss healthcare law and high-risk issues such as HIPAA, the Stark law, EMTALA, documentation, protocols and standardized order sets, and consent and end of life issues.
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