Herzing University EMTALA and The Hospitals Obligation to Comply Essay

As the manager of a community hospital’s Emergency Department, you have been tasked with developing a policy to prevent patients from receiving ED services for non-emergent conditions. Prepare a policy draft to be reviewed by the hospital’s leadership team. This team includes legal counsel, physicians and registered nurses, as well as chief operating, financial, and executive officers. Your wording should be professional, and consistent with an organization’s policy (do not include statements that indicate opinion, personal views, or observations).

  • In an opening paragraph, summarize EMTALA and the hospital’s obligation to comply with it.
  • In a second paragraph, explain the need for and reasoning behind the policy.
  • In approximately 1 page, draft the policy to provide guidelines for all staff, including clinical providers when triaging patients who walk into the ED.
  • On a separate page, include a “Question & Answer” section. Provide six questions (and answers) that the leadership team is likely to ask after reading your policy draft.
  • Include a reference page, in APA format, with a minimum of three scholarly sources.
  • Please review the rubric to ensure that your assignment meets the criteria.
  • Submit the following the EMTALA Policy.

Expert Solution Preview

Introduction:
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law enacted in 1986 that outlines the responsibilities of hospitals that participate in Medicare. This law requires hospitals to provide emergency medical treatment to patients regardless of their ability to pay or their insurance status. In compliance with EMTALA, the hospital’s leadership team must ensure that all patients receive appropriate care in emergency situations, while also implementing measures to prevent patients from receiving ED services for non-emergent conditions.

Policy Draft:
The hospital’s Emergency Department serves as a critical access point for individuals seeking care for emergencies. To adhere to EMTALA regulations, and to ensure that the hospital’s resources are used effectively, the following policy has been developed to prevent patients from receiving ED services for non-emergent conditions:

1. All patients who arrive at the ED will be triaged.
2. Patients who present with non-emergent conditions will be advised to seek alternative forms of medical care.
3. If the patient refuses alternative care, the provider will advise the patient that there may be a delay in their treatment, as emergent patients will take priority.
4. Patients presenting with chronic conditions will be advised to schedule an appointment with their primary care physician, as the ED should not be used as a substitute for their ongoing care.
5. Providers will document the patient’s presenting complaints and decision to refuse alternative care in the medical record.
6. A list of available community healthcare resources will be provided to patients with non-emergent conditions.

Q&A Section:
1. What prompted the creation of this policy?
This policy was developed to ensure that the hospital’s resources are used effectively and efficiently, while also adhering to the regulations outlined in EMTALA.
2. Can patients be turned away from the ED if they have a non-emergent condition?
No, patients cannot be turned away from the ED. However, medical staff will work with patients to find alternative forms of care for their non-emergent conditions.
3. How will patients be advised to seek alternative forms of medical care?
Patients presenting with non-emergent conditions will be given a list of recommended community healthcare resources.
4. What if a patient refuses alternative care?
The provider will advise the patient that there may be a delay in their treatment, as emergent patients will take priority.
5. Will patients with chronic conditions be turned away from the ED?
No, patients with chronic conditions will still be seen in the ED if their condition worsens or becomes emergent. However, they will also be advised to schedule an appointment with their primary care physician.
6. How will compliance with this policy be enforced?
Compliance with this policy will be monitored by the hospital’s quality assurance team and the ER management team.

References:
1. Centers for Medicare & Medicaid Services, HHS. (2019). Emergency Medical Treatment & Labor Act (EMTALA). Retrieved from
2. Hackbarth, G., Crosson, F. J., & Christianson, J. B. (2019). Medicare’s Use of EMTALA in Hospitals. Health Affairs, 38(6), 963-970. doi: 10.1377/hlthaff.2019.00090
3. American College of Emergency Physicians. (2018). Non-Urgent/Emergent Medical Conditions. Retrieved from

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