The attendant is calling to schedule an EMTALA transfer to our facility. Even though this would comply with the EMTALA regulations the orthopedic physician on call refuses to accept the transfer because he does not feel as though the patient’s fracture is severe enough to require higher care. He feels as though it can be simply splinted and scheduled for a follow up in the doctor’s office. The article below will elaborate as an administrator of this facility what should be done when a problem such as this arises? Also, some key elements that should be taken into consideration to avoid problems that may come up to keep from violating EMTALA regulations.
Background of EMTALA
Emergency Medical Treatment and Active Law (EMTALA) was part of the COBRA Act which was passed in 1986 which tells when and how a patient is transferred from on hospital to another once they have been stabilized and if they refuse treatment. It states that any patient that receives Medicaid or Medicare is covered under this act and can be successfully transferred to another hospital once they have been stabilized to receive extensive care from another facility that has a specialized doctor on duty in the absence of a physician at the other hospital. According to Amendment 2008, it applies only to participating hospitals which means all hospitals in the United States with the exception of the Shriners Hospital for Crippled Children and military hospitals. This statue was brought about for the prevention of hospitals rejecting , refusing, treatment, or transferring because they are unable to p...
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...o need to inform the on call physician who does not understand the meaning of the EMTALA law they have no choice in the matter as to whether or not they want to except the transfer they have to comply with what the law states. They need to understand and realize that they represent not only themselves but the quality of the hospital. So if there is a medical issue or problem that they are asked to treat regarding their expertise on whether they feel it is not necessary or not it is there responsibility as a member of the hospital to care for that patient or find someone to treat the patient. If no one is available they are to except the patient, perform and examination to see if the patient’s injuries are severe enough for treatment. Once this has been established and the patient is stabilized the patient can be referred to the doctor’s office for further treatment.
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