The new EMTALA regulations and the on-call physician shortage: in defense of the regulations.
This Article examines the new Emergency Medical Treatment and Labor Act (EMTALA) regulations, focusing on the on-call provisions, in light of the practical realities of the on-call physician shortage. It provides an historical account of issues surrounding the delivery of emergency care by on-call physicians and the legal background of EMTALA insofar as it relates to on-call physicians. Ultimately, the author concludes that, although the current shortage of on-call physicians has caused hospitals to anticipate EMTALA liability and advocate for more specific regulations, a closer look reveals that hospitals' fears are overstated. As long as hospitals have proper procedures in place, the new regulations will not put them in violation of EMTALA.
McHugh
Erin M
EM
Saint Louis University, USA.
D004636:Emergency Service, Hospital / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D005161:Facility Regulation and Control / Q000331:legislation & jurisprudence*; D006280:Health Workforce / Q000331:legislation & jurisprudence; D006801:Humans; D010820:Physicians / Q000331:legislation & jurisprudence / Q000458:organization & administration; D014481:United States; D014483:United States Dept. of Health and Human Services