This program is presented by James Dechene, a nationally recognized healthcare attorney. The depth of the discussion and material surpasses most CLE presentations conducted throughout the country.
As part of Medicare conditions of participation, EMTALA requirements are a Condition of Participation for any hospital with an ER Department and participating in Medicare. The hospital must provide screening and stabilization regardless of race, color, national origin, or disability status. It must accept appropriate transfers and cannot take adverse action against qualified personnel who refuse to transfer a patient with an EMC or who report a violation.
The program explores numerous cases and fact patterns addressing possible action by Transferred/Untreated Patients. A violation subjects a Hospital up to $50,000 Civil Monetary Penalties per patient incident. The involved Physician is subject to up to $50,000 per patient incident.
A patient who was the victim of the failure to Screen/Stabilize can bring an action for an injunction to prevent future denials. A patient can bring an action for damages for injuries received as a result of failure to Screen/Stabilize. There have been multi-million dollar settlements in the Chicago area resulting from EMTALA violations. |
