Confusion, different priorities may cause EMTALA violations

Confusion, different priorities may cause EMTALA violations

By a News Reporter-Staff News Editor at Managed Care Law Weekly -- Legislation requires Medicare-participating emergency departments to give emergency care to everyone even if they don’t have insurance, but violations of the law may be underreported, according to researchers.

The researchers interviewed hospitals, hospital associations and patient safety organizations to gain insight on why violations of the Emergency Medical Treatment and Labor Act (EMTALA) happen, and on possible solutions for improving compliance. They found that while most hospitals don’t intend to violate the law, confusion about the law and competing priorities between doctors and hospitals can lead to violations.

“The number of EMTALA investigations probably doesn’t reflect the actual number of violations,” said Charleen Hsuan, assistant professor of health policy and administration, Penn State. “The people we talked to in the study said there are various reasons why they wouldn’t report a suspected violation, even if -- for example -- the reasons another hospital transferred a patient to them seemed a little suspicious.”

According to the researchers, EMTALA was passed in 1986 in response to several well-publicized instances in which patients were turned away …

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(2017-12-03), Confusion, different priorities may cause EMTALA violations, Managed Care Law Weekly, 2, ISSN: 1551-5060, BUTTER® ID: 014742975