EMTALA Scenario Analysis
GCU
HLT-520 Legal and Ethical Principle in Health Care
The EMTALA is a very significant labor act that allows patients to get the care they
deserve at the hospital to which they go. As part of the Consolidated Omnibus Budget
, Consolidation Act of 1986, EMTALA was signed, and it is often referred to as the COBRA
statute.' A variety of separate rules fall under the common name. The law regulating the
continuity of medical care coverage following a loss of work is another very common clause,
often referred to by the COBRA tag. Any patient seeking examination or treatment for a medical
conditionthat comes to the emergency department must be provided with an appropriate medical
screening examination to assess if he is suffering from an emergency medical condition. If he is,
then the hospital is obligated to either provide him with treatment until he is stable or transfers
him to another hospital per the directives of the statute." (EMTALA.com). This labor act was
introduced because people with Medicare have trouble receiving adequate care. It is also known
as the anti-dumping rule. This is attributable to the fact that clinics will transfer unnecessary
care. When hospitals do this, fines may be billed. "A hospital which negligently violates the
statute may be subject to a civil money penalty (i.e., a fine, but without criminal implications) of
up to $50,000 per violation. If the hospital has fewer than 100 beds, the maximum penalty is
$25,000 per violation."(EMTALA.com)
As the hospital administrator, I would be able to reject this patient without a violation of
EMTALA. The justification for this is not a breach of the EMTALA regulation because the
patient is present in a hospital that can handle his injury.The patient is actually in an emergency
room and has access to a specialist who may administer the sutures at hospital B, even if the
actual doctor is anxious. In order to prove a violation of EMTALA, a claimant must demonstrate
that (1) the hospital is an EMTALA-supported Medicare-participating hospital running an
emergency room (or an alternative treatment center); (2) the patient arrived at the facility
requesting treatment; and (3) the hospital either a) did not provide the patient with an adequate
screening to decide if he or she has a treatment or (b) bade farewell to the patient without first
GCU
HLT-520 Legal and Ethical Principle in Health Care
The EMTALA is a very significant labor act that allows patients to get the care they
deserve at the hospital to which they go. As part of the Consolidated Omnibus Budget
, Consolidation Act of 1986, EMTALA was signed, and it is often referred to as the COBRA
statute.' A variety of separate rules fall under the common name. The law regulating the
continuity of medical care coverage following a loss of work is another very common clause,
often referred to by the COBRA tag. Any patient seeking examination or treatment for a medical
conditionthat comes to the emergency department must be provided with an appropriate medical
screening examination to assess if he is suffering from an emergency medical condition. If he is,
then the hospital is obligated to either provide him with treatment until he is stable or transfers
him to another hospital per the directives of the statute." (EMTALA.com). This labor act was
introduced because people with Medicare have trouble receiving adequate care. It is also known
as the anti-dumping rule. This is attributable to the fact that clinics will transfer unnecessary
care. When hospitals do this, fines may be billed. "A hospital which negligently violates the
statute may be subject to a civil money penalty (i.e., a fine, but without criminal implications) of
up to $50,000 per violation. If the hospital has fewer than 100 beds, the maximum penalty is
$25,000 per violation."(EMTALA.com)
As the hospital administrator, I would be able to reject this patient without a violation of
EMTALA. The justification for this is not a breach of the EMTALA regulation because the
patient is present in a hospital that can handle his injury.The patient is actually in an emergency
room and has access to a specialist who may administer the sutures at hospital B, even if the
actual doctor is anxious. In order to prove a violation of EMTALA, a claimant must demonstrate
that (1) the hospital is an EMTALA-supported Medicare-participating hospital running an
emergency room (or an alternative treatment center); (2) the patient arrived at the facility
requesting treatment; and (3) the hospital either a) did not provide the patient with an adequate
screening to decide if he or she has a treatment or (b) bade farewell to the patient without first
