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EMTALA EXAM QUESTIONS AND ANSWERS
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EMTALA EXAM QUESTIONS AND ANSWERS
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EMTALA EXAM QUESTIONS AND ANSWERSWhat is EMTALA? - Answers --1) The Emergency Medical Treatment and Active Labor
Act is a FEDERAL statute which governs when and how a patient may be (1) refused
treatment or (2) transferred from one hospital to another when he/she is in an unstable
medical condition.
2) EMTALA was passed as part of the Consolidated Omnibus Budget Reconciliation Act
of 1986, and it is sometimes referred to as "the COBRA law". In fact, a number of
different laws come under that general name. Another very familiar provision, also
referred to under the COBRA name, is the statute governing continuation of medical
insurance benefits after termination of employment.
3) EMTALA applies only to hospitals that participate in the Medicare Program.
What does EMTALA really mean? - Answers --Simply put, it means that any and all
patients who present to the Emergency Department (or on hospital grounds) and that
request assistance for a possible emergency medical condition, must at a minimum,
receive a medical screening by a qualified medical professional and, if needed, receive
medical stabilization and an appropriate transfer if necessary.
Who is a qualified medical professional? - Answers --1) EMTALA allows for individual
hospitals to identify, in their hospital bylaws, who the qualified medical professionals
are.
2) The University Hospital bylaws state that medical screenings may be done by a
physician, advanced practice professional or by a registered nurse acting under
medically approved protocols.
Under EMTALA, an on-call physician does not have to respond to call when: - Answers
-The physician is busy with emergency patients at another hospital, as authorized by
both hospitals, and has notified the hospital that he/she cannot respond.
Individual physicians can pay fines of: - Answers -Up to $111,000 per EMTALA violation
Under EMTALA, hospitals must have an on-call system. Which of the following is a
feature of an acceptable on-call system under EMTALA? - Answers -The on-call list
must have names of specific physicians. The list must give each physician's on-call time
and specialty.
Under EMTALA, when is a patient medically stable for transfer? - Answers -A patient
whose symptoms have been normalized and are no longer acute such that the patient's
condition is not likely to materially deteriorate
A patient comes to a Medicare-participating hospital. The patient presents at the
hospital's dedicated emergency department. The patient asks for emergency medical
services. The patient does not have health insurance coverage. Choose the true
statement about this patient and the hospital's duty to provide a medical screening
, exam (MSE): - Answers -Under EMTALA, the hospital must provide this patient with an
MSE.
Under EMTALA, hospitals must accept a request for incoming transfer if: - Answers -
The transferring hospital is less able to provide needed treatment to an emergency
patient.
A patient presents at a dedicated emergency department (DED). A medical screening
exam (MSE) is provided. An emergency medical condition (EMC) is NOT found. The
hospital now asks for insurance information. The patient does not have health
insurance. Under EMTALA: - Answers -The hospital has no further EMTALA duty to the
patient at this time.
Under EMTALA, when can a physician send a NP in his stead to take a call? - Answers
-An NP can take call only when both the on-call physician and the treating clinician
agree that it is safe for the NP to take the call and NPs are designated QMPs in the
hospital's rules or bylaws.
Hospitals face costs to correct EMTALA noncompliance. For larger hospitals (400 to
500 beds), the estimated cost is: - Answers -Up to $2,000,000 in the first year
Under EMTALA, noncompliant hospitals: - Answers -May be sued by a patient who was
harmed
What is an emergency medical condition? - Answers --1) "A medical condition
manifesting itself by acute symptoms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could reasonably be expected to result
in -- placing the health of the individual (or, with respect to a pregnant woman, the
health of the woman or her unborn child) in serious jeopardy, serious impairment to
bodily functions, or serious dysfunction of any bodily organ or part, or
2) "With respect to a pregnant woman who is having contractions -- that there is
inadequate time to effect a safe transfer to another hospital before delivery, or that the
transfer may pose a threat to the health or safety of the woman or her unborn child."
What is an emergency medical condition, part 2? - Answers --1) CMS has made it very
simple to determine an "emergency medical condition".
2) If a reasonable layperson would make the determination that patient has an
emergency condition then CMS will make the same determination.
What is something that's a caution for emergency medical condition? - Answers --Some
intoxicated individuals may meet the definition of "emergency medical
condition"because the absence of medical treatment may place their health in serious
jeopardy or result in serious dysfunction of a bodily organ. Further, it is not unusual for
intoxicated individuals to have unrecognized trauma.
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