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EMTALA 2024: New CMS & HHS-OIG Crackdowns – Are You Ready?
$249.00 – $255.00
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.
This webinar will cover the regulations and interpretive guidelines regarding EMTALA. It will cover all twelve sections – tag numbers plus an additional section for on-call physicians and the shared and community care plan process.
This webinar 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, 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 in 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. 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.
Learning Outcomes:
- Uncover the 2024 regulations and interpretive guidelines regarding EMTALA
- Learn to prepare the Compliance checklist to avoid lawsuits and heavy penalties
- Understand If provider transfer a patient, are provider committing an EMTALA violation?
- Know the EMTALA apply to an admitted patient who has an emergency medical condition
- Learn how does EMTALA apply to hospital owned ambulances, not on hospital property?
- 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
- Discuss when the hospital must complete a certification of false labor
Areas Covered in the Session:
- Introduction and History of EMTALA
- Introduction and CMS manual
- Basic concept of EMTALA
- History of EMTALA
- Recent court cases regarding pregnancy
- CMS Conditions of Participation – EMTALA
- 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
- EMTALA violations and money penalty cases
- Hospital reporting requirements – “Dumping”
- Retention of medical records
- On-call physician issues
- Community Call Plan (CCP)
- Simultaneous on-call
- Elective surgeries and on-call
- Sending a representative
- 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 and MEC
- Born-Alive Infant Protection Act and MLN clarification
- Live Q&A Session
Recommended participants:
- Emergency Department Managers
- Emergency Department Physicians
- Emergency Department Nurses
- ED Medical Director
- Risk Managers
- OB Managers and Nurses
- Behavioral Health Director and Staff
- Chief Nursing Officer
- Nurse Supervisors
- Nurse Educators
- Staff Nurses
- Outpatient Directors
- Compliance Officers
- Directors of Hospital-Based Ambulance Services
- Director of Registration
- Registration Staff
- ED Education Staff
- On Call Physicians
- Chief Medical Officer (CMO)
- Chief Operating Officer (COO)
- Patient Safety Officer
Presenter Biography:
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.
Additional Information:
After registration, You will receive an email with login information and handouts (presentation slides) that you can print and share with all participants at your location.
System Requirement:
- Internet Speed: Preferably above 1 MBPS
- Headset: Any decent headset and microphone which can be used to talk and hear clearly
Can’t Listen Live?
No problem. You can get access to an On-Demand webinar. Use it as a training tool at your convenience. For more information, you can reach out to the below contact: Toll-Free No: +1 800-757-9502 Email: cs@waymoreeducation.com
