Emergency Medical Treatment and Active Labor Act (EMTALA) Essay

Emergency Medical Treatment and Active Labor Act (EMTALA) Essay

The Emergency Medical Treatment and Active Labor Act (EMTALA) is an act, which was passed in 1986 by the United States Congress. This act is aimed at allowing hospital emergency departments to accept anyone seeking healthcare services regardless of their insurance status or the patient’s ability to pay (Cleverley & Cleverley, 2018). Emergency Medical Treatment and Active Labor Act (EMTALA) Essay.

This prevents participative hospitals from discharging or transferring patients requiring emergency services without proper stabilization of their condition (Cleverley & Cleverley, 2018). The main mandates of this law in providing healthcare involves medical screening, stabilization of patients during an emergency situation before being discharged from the participating healthcare facilities, and accepting patient transfers from other healthcare facilities (Cleverley & Cleverley, 2018). This law is beneficial in improving the health status of the citizens of the United States by having access to healthcare services during emergencies, which is important to patients.

However, this law may have a negative impact to healthcare financial resources by raising the healthcare costs, which are incurred in treating and caring for these patients (Paterson & Telyukov, 2014).

There are also potential penalties for violating EMTALA law against hospitals and healthcare physicians, which may negatively affect the hospitals financially. This requires healthcare facilities to implement certain safeguards to ensure departmental solvency (Paterson & Telyukov, 2014). One of the safeguards includes focusing on having an accountable care organization, which will enable the organization to focus on the provision of quality healthcare services instead of volume-based measures or the fee-for-service aspect (Paterson & Telyukov, 2014). Emergency Medical Treatment and Active Labor Act (EMTALA) Essay. This will create efficient processes, which will enable the healthcare facility to be adequately prepared in different aspects, which may minimize the costs incurred by random admissions during emergencies (Cleverley & Cleverley, 2018).

This will also lead to an improved relationship between the organization and physicians to avoid some of the penalties associated with the negligence of the physicians. Another way may involve efficient control of labor costs, which may affect an organization’s solvency status (Kaissi, Shay, & Roscoe, 2016). Efficient control of labor costs and other costs related to the provision of care during emergencies will enable the organization to prevent some of the costs, which may be incurred during this time. Healthcare facilities can also reduce some of the costs associated with emergency admissions by outsourcing some of these services (Kaissi, Shay, & Roscoe, 2016). This will eliminate some of the administrative and operating costs as well as improve other functions in other departments, which will result in more savings in the healthcare facility. These savings can be used to address some of the costs incurred in admitting patients during emergencies (Kaissi, Shay, & Roscoe, 2016). Emergency Medical Treatment and Active Labor Act (EMTALA) Essay.

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References
  1. Cleverley, W. O., & Cleverley, J. O. (2018). Essentials of health care finance. Burlington, MA: Jones & Bartlett Learning.
  2. Kaissi, A., Shay, P., & Roscoe, C. (2016). Hospital Systems, Convenient Care Strategies, and Healthcare Reform. Journal of Healthcare Management, 61(2), 148-163.
  3. Paterson, M., & Telyukov, A. (2014). Healthcare finance and financial management: Essentials for advanced practice nurses and interdisciplinary care teams. Lancaster, Pa: DEStech Publications.
In the United States, if you show up at the emergency room you can see a doctor, regardless of your ability to pay. This right is protected by the Emergency Medical Treatment And Labor Act (EMTALA), passed by Congress in 1986 (Terp et al., 2016). This act was in response to the large number of critically-ill patients who were being turned away from emergency rooms because of the economic status. Today, the purpose of EMTALA is still to prevent emergency rooms from “patient dumping”, or turning away critically-ill patients because they are uninsured (Rosenbaum, Cartwright-Smith, Hirsch, & Mehler 2012). EMTALA requires that every patient who arrives at the emergency room is given an initial screening, is treated until stabilized, and has the right to be transferred to a hospital with the correct level of care for their condition, regardless of their ability to pay (Rosenbaum et al., 2012). Emergency Medical Treatment and Active Labor Act (EMTALA) Essay.
However, most of America has also experienced the overcrowding of emergency rooms and have personally experienced the long wait times. Though no research finds a direct cause between EMTALA and overcrowding, long wait times are inevitably discussed any time the EMTALA policy is brought up. However, it certainly does not help that the U.S. has 45 million uninsured individuals who do not have access to primary care and are forced to turn to the emergency department for any kind of medical attention (Monga, Keller, & Venters, 2014). Additionally, of  
EMTALA: The Emergency Medical Treatment and Active Labor Act The Emergency Medical Treatment and Active Labor Act (EMTALA) was enacted in 1986 as a part of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. EMTALA was enacted to prevent hospitals with Emergency Departments from refusing to treat or transferring patients with emergency medical conditions (EMC) due to an inability to pay for their services. This act also applies to satellite locations whom advertise titles such as “Immediate Care” or “Urgent Care,” and all other facilities where one-third of their patient intake are walk-ins. Several rules and regulations to this act have been established and it has become a very serious piece of legislation and health…show more content…
33-41). Patients should be treated with the same medical procedure regardless of their ability to pay or not. On April 7, 1986, President Ronald Reagan signed COBRA into law, which is a part of the Social Security Act.Emergency Medical Treatment and Active Labor Act (EMTALA) Essay.  COBRA maintains several rights to patients such as the extension of health care coverage after leaving one’s job (Moy, 2010, pp. 33-41). This ensures the patient will have health insurance even when they are between occupations. Within the 2,000 page legislation is the Medicare and Medicaid amendment section of COBRA where patient dumping, now known as EMTALA, is located (Moy, 2010, pp. 33-41). Some believed the law was not necessary such as Senator Hatch whom expressed, “I do not support the provisions of [EMTALA] included in this bill. I believe they are premature, over-regulatory, and unnecessarily punitive” (Moy, 2010, pp. 33-41). It is highly important to understand the true purpose of EMTALA, because it can easily be confused with a medical malpractice act or assuring standard of care, but this is not the case. The following excerpt from Moy’s EMTALA Answer Book provides a clear purpose to the establishment of EMTALA: “The avowed purpose of EMTALA is not to guarantee that all patient were properly diagnosed, or even to assure they received adequate care, but instead to provide an ‘adequate first response to a medical. Emergency Medical Treatment and Active Labor Act (EMTALA) Essay.
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