Compliance alert: CMS enacts significant changes to final EMTALA regulations--effective November 10.
METHODS
On September 9, 2003, the Centers for Medicare and Medicaid Services (CMS) issued final rules seeking to clarify hospital obligations under the Emergency Medical Treatment and Active Labor Act (EMTALA). The new rules clarify several areas of EMTALA, but also raise significant new compliance questions for hospitals, especially with respect to on-call panels and what it means for a person to come to the emergency department.


CONCLUSIONS
As always, hospitals must comply with the new regulations or face possible Medicare decertification action by CMS, civil monetary penalties of up to $50,000 per violation, and civil liability to patients and others. In order to comply, hospitals and physicians will need to examine carefully their current policies, procedures and practices, and to educate thoroughly all medical and support staff.
Brown
Lowell C
LC
Foley & Lardner.
Cochran
R Gregory
RG
D000552:Ambulances; D014487:Centers for Medicare and Medicaid Services, U.S. / Q000458:organization & administration*; D002568:Certification; D017598:Efficiency, Organizational; D004636:Emergency Service, Hospital / Q000458:organization & administration*; D005161:Facility Regulation and Control / Q000458:organization & administration*; D019983:Guideline Adherence / Q000458:organization & administration*; D006297:Health Services Accessibility; D006801:Humans; D016365:Liability, Legal; D009936:Organizational Innovation; D010344:Patient Advocacy; D010360:Patient Transfer; D017410:Practice Guidelines as Topic; D016079:Refusal to Treat; D014481:United States