EMTALA 2025: Compliance Updates Every Hospital Must Know
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 Labour Act (EMTALA).
Hospitals without such emergency departments must comply with EMTALA if they have specialized capabilities. For example, EMTALA can impact obstetrical patients and behavioural health patients.
This webinar will cover the CMS 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. Also to be covered are the updated requirements for “emergency services” for obstetrical patients which became effective January 1, 2025.
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 (6th Cir.), overruled the CMS regulation that EMTALA obligations end when the hospital admits the patient in good faith. Also to be discussed is the new maternal safety standards effective January 2025.
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 Objectives
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 labour.
Areas Covered in the Session
Introduction and History of EMTALA
Basic concept of EMTALA
History of EMTALA
CMS Conditions of Participation – EMTALA
EMTALA sign requirements
To whom EMTALA applies
Reasonable registration process
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
Meaning of “comes to the ED”
Definition of hospital property
EMTALA and outpatients
Medical screening exam
Certification of false labour
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
Requests for medications
Blood alcohol tests
Emergency medical condition and stabilization
OB patients and MEC
MSEs and stabilization
Transfers
Maternal Safety Standards
Live Q&A Session
Suggested Attendees
Emergency Department Managers
Emergency Department Physicians
Emergency Department Nurses
ED Medical Director
Risk Managers
OB Managers and Nurses
Behavioural 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
About the Presenter
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 the 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
System Requirement:
Internet Speed: Preferably above 1 MBPS
Headset: Any decent headset and microphone which can be used to hear clearly
Live Course Cancellation Policy: If for any reason Skillacquire need to cancel this program, Skillacquire will notify participants by email of the cancellation no less than 24 hours prior to the expected start time.
For more information, you can reach out to the below contact:
Toll-Free No: 1-302-444-0162
Email: [email protected]