Every hospital that has a dedicated emergency department and accepts Medicare and Medicaid payment must follow the federal law and the Center for Medicare and Medicaid Services (CMS) Conditions of Participation Interpretive Guidelines on the Emergency Medical Treatment and Labor Act (EMTALA).
Hospitals without such emergency departments must comply with EMTALA if they have specialized capabilities. For example, EMTALA can impact obstetrical patients and behavioral health patients. CMS made changes to include the Born-Alive Infant Protection Act with an updated survey memo on the issue.
This 2-part webinar will cover the regulations and interpretive guidelines regarding EMTALA. It will cover all 12 sections – Tag Numbers – plus an additional section for on-call physicians and the shared and community care plan process.
This 2-part webinar series will include discussion of a case that has created an enormous expansion of hospital and practitioner liability under federal law. The case, Moses v. Providence Hospital and Medical Centers, Inc., No. 07-2111 (6th Cir. April 2009), overruled the CMS regulation that EMTALA obligations end when the hospital admits the patient in good faith. The case illustrates the importance of understanding the role that case law has on the outcome of EMTALA litigation: patients can complain to CMS and request an investigation, or they have the option of going and directly filing a lawsuit.
This program will also discuss a recent case against a hospital which was the largest EMTALA settlement of 1.2 million dollars. It is anticipated that healthcare will see larger EMTALA fines and more activity because of the higher fines and the OIG final changes. These changes are not in the CMS CoPs and will be discussed.
Registration Pricing
Member: $175 per webinar
Non-Member: $225 per webinar
Registration includes unlimited connections per registered facility.
Who Should Attend:
Emergency department managers, medical director, ED physicians and nurses and ED education staff; OB managers and nurses; behavioral health director and staff; CNO, nursing supervisors, nurse educators and staff nurses; outpatient directors; compliance officers, legal counsel, and risk manager; directors of hospital-based ambulance services; director of registration and staff; on-call physicians, chief medical officer, chief financial officer, patient safety officer and Joint Commission coordinator.
Continuing Education
Continuing Medical Education
THA will be seeking credit approval for continuing nursing education and continuing medical education for this program. More information to come.
American College of Healthcare Executives
By attending the EMTALA Update 2024 Webinar Series offered by Texas Hospital Association participants may earn up to 2.0 ACHE Qualified Education Hours each toward initial certification or recertification of the Fellow of the American College of Healthcare Executives (FACHE) designation.
Learning Objectives:
- Recognize EMTALA as a frequently cited deficiency for hospitals.
- Recall that CMS has a manual on EMTALA that all hospitals that accept Medicare must follow.
- Describe the requirement that hospitals must maintain a central log.
- Discuss the hospital’s requirement to maintain a list of the specific names of physicians who are on call to evaluate emergency department patients.
- Describe the CMS requirements on what must be in the EMTALA sign.
- Describe the hospital’s requirements regarding a minor who is brought to the ED by a non-parent for a medical screening exam.
- Discuss when the hospital must complete a certification of false labor.
Faculty
Laura A. Dixon, BS, JD, RN, CPHRM, President, Healthcare Risk Education and Consulting, LLC, Denver, CO
Laura A. Dixon recently served as the Regional Director of Risk Management and Patient Safety for Kaiser Permanente Colorado where she provided consultation and resources to clinical staff. Prior to joining Kaiser, she served as the Director, Facility Patient Safety and Risk Management and Operations for COPIC from 2014 to 2020. In her role, Ms. Dixon provided patient safety and risk management consultation and training to facilities, practitioners, and staff in multiple states. Such services included creation of and presentations on risk management topics, assessment of healthcare facilities; and development of programs and compilation of reference materials that complement physician-oriented products.
Prior to joining COPIC, she served as the Director, Western Region, Patient Safety and Risk Management for The Doctors Company, Napa, California. In this capacity, she provided patient safety and risk management consultation to the physicians and staff for the western United States. Ms. Dixon’s legal experience includes medical malpractice insurance defense and representation of nurses before the Colorado Board of Nursing.
Ms. Dixon has more than twenty years of clinical experience in acute care facilities, including critical care, coronary care, peri-operative services, and pain management.
As a registered nurse and attorney, Laura holds a Bachelor of Science degree from Regis University, RECEP of Denver, a Doctor of Jurisprudence degree from Drake University College of Law, Des Moines, Iowa, and a Registered Nurse Diploma from Saint Luke’s School Professional Nursing, Cedar Rapids, Iowa. She is licensed to practice law in Colorado and California.