EMTALA Update 2024

August 14 and 21, 2024

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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.

Register via PDF

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
This educational activity is jointly provided by AXIS Medical Education and Texas Hospital Association.
The Texas Hospital Association is applying for approval from the following accrediting organizations for the EMTALA Webinar Series.

In support of improving patient care, this activity has been planned and implemented by AXIS Medical Education and Texas Hospital Association. AXIS Medical Education is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.

Credit Designation for Nursing
AXIS Medical Education designates this continuing nursing education activity for 2.0 contact hours each.
Learners are advised that accredited status does not imply endorsement by the provider or ANCC of any commercial products displayed in conjunction with an activity.

Click here for more continuing medical education information.

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.

EMTALA Update 2024 – Part 1

Wednesday, August 14, 2024, Noon-2 p.m.

Speaker: Laura A. Dixon, BS, JD, RN, CPHRM, President, Healthcare Risk Education and Consulting, LLC, Denver, CO

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.

Agenda:

  • OIG and EMTALA
  • Two-day visit with immediate jeopardy
  • Common deficiency report by CMS
  • QIO EMTALA physician worksheet
  • EMTALA deficiencies
  • Introduction and CMS manual
  • Basic concept of EMTALA
  • Cases in the News – EMTALA
  • History of EMTALA
  • CMS EMTALA website
  • EMTALA memos
  • OIG advisory opinions on EMTALA
  • Compliance program
  • Joint Commission standards and EMTALA
  • CMS Conditions of Participation – EMTALA
  • Basic section and provider agreement essentials
  • EMTALA sign requirements
  • To whom EMTALA applies
  • Reasonable registration process
  • Financial questions from patients
  • Patients who sign out AMA
  • Whistle Blower protections
  • Specialized capability
  • Capacity definitions
  • Policies and procedures required
  • OB and behavior health violations
  • EMTALA violations and money penalty cases
  • Hospital reporting requirements – “Dumping”
  • EMTALA signs examples
  • Retention of medical records

EMTALA Update 2024 – Part 2

Wednesday, August 21, 2024, Noon-2 p.m.

Speaker: Laura A. Dixon, BS, JD, RN, CPHRM, President, Healthcare Risk Education and Consulting, LLC, Denver, CO

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.

Agenda:

  • On-call physician issues
  • Community Call Plan (CCP)
  • Simultaneous on-call
  • Elective surgeries and on-call
  • Sending a representative
  • Telemedicine and on-call
  • Response times
  • Central log
  • Special responsibilities
  • Meaning of “comes to the ED”
  • Definition of hospital property
  • EMTALA and outpatients
  • Medical screening exam
  • Certification of false labor
  • Born alive law and EMTALA
  • Minor child request for treatment
  • Ambulance and EMTALA
  • Telemetry
  • When diversion is allowed
  • Parking of patients
  • Helipad
  • Qualified Medical Provider (QMP)
  • Definition of Inpatient
  • Moses Case
  • Waiver of sanctions
  • Requests for medications
  • Blood alcohol tests
  • Emergency medical condition and stabilization
  • OB patients
  • Born-Alive Infant Protection Act and MLN clarification
  • Transfer and transfer forms
  • Behavioral health patients
  • QIO role with EMTALA

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.