The 130th Annual Meeting of APHA

3041.0: Monday, November 11, 2002 - 8:50 AM

Abstract #48169

Implementation and enforcement of the Emergency Medical Treatment and Active Labor Act

Janina R. Austin, MBA1, Helene Toiv, MPA1, and Renalyn Cuadro, BA2. (1) Health Care Group, U.S. General Accounting Office, 441 G St., NW, Washington, DC 20548, (202)512-7139, austinj@gao.gov, (2) University of California at Berkeley, 3514 25th St., #301, San Francisco, CA 94110

The Emergency Medical Treatment and Active Labor Act (EMTALA) was enacted in 1986 in response to concern that some emergency departments had refused to treat indigent and uninsured patients or inappropriately transferred them to other hospitals, a practice known as “patient dumping.” EMTALA requires Medicare-participating hospitals to provide a medical screening examination to any person who comes to the emergency department and, if needed, treatment to stabilize an emergency condition or appropriate transfer to another facility. In this session, the U.S. General Accounting Office will discuss findings from our review of issues related to EMTALA’s implementation and enforcement. Hospital officials and physicians have reported that EMTALA adversely affects the efficiency of hospital emergency departments and results in additional costs to hospitals and physicians; however, other factors associated with the changing health care environment can also explain current conditions of emergency medical care. Some hospitals and physicians have expressed uncertainty about the extent of their responsibilities under EMTALA. This presentation will highlight some of these issues and clarify some common misunderstandings of EMTALA’s requirements. The HHS’ Centers for Medicare and Medicaid Services is responsible for investigating EMTALA complaints and forwarding confirmed violations to HHS’ Office of Inspector General. We will provide examples of EMTALA violations and information on the number of violations and fines that have been imposed on hospitals and physicians.

Learning Objectives: At the conclusion of the session, the participant will be able to

Keywords: Emergency Department/Room,

Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.

Emergency Transport and Care

The 130th Annual Meeting of APHA