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6 pages/β‰ˆ1650 words
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5 Sources
Style:
APA
Subject:
Creative Writing
Type:
Coursework
Language:
English (U.S.)
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MS Word
Date:
Total cost:
$ 25.92
Topic:

Emergency Medical Treatment and Active Labour Act

Coursework Instructions:

Week 2: Tutorial Questions
Questions:
TQ 2.1: EMTALA basics
• What hospitals are not covered by EMTALA?
• If EMTALA applies to a hospital, can the hospital send someone away from the emergency room without conducting an examination?
• If the hospital conducts an examination and discovers a medical problem, is it necessarily required to treat the problem? If not, when is treatment required?
• Can a hospital transfer a patient over the patient’s objection?
• If Hospital A transfers a patient to Hospital B, and Hospital B does not have appropriate personnel to treat the patient, will Hospital A be liable for an EMTALA violation?
• Can a patient recover damages from a hospital for an EMTALA violation? What about from the doctors?
TQ 2.2: Baber v. Hospital Corp.: According to Mr. Baber, what standard should the court have applied for determining whether the medical screening his sister received was “appropriate”? Why did the court reject Mr. Baber’s proposed approach?
What standard did the court adopt instead? Under the court’s approach, is it possible for a screening to be “inadequate” yet, at the same time, “appropriate” (and therefore not grounds for EMTALA liability)?
What would the outcome have been if the hospital had provided no screening at all?
TQ 2.3: Moses v. Providence Hospital: In what way did the court’s decision in Part IV of the case conflict with the CMS regulations? Why did the court reject the regulations? If the case had arisen after the regulations had been adopted, would the court have reached a different result?
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Questions: These questions should be answered at least 250 words
DQ 2.1: Discuss the pros and cons of EMTALA. What are the main benefits of the statute? What are the potential drawbacks?
Questions:
DQ 2.2: In your opinion, if a hospital admits a patient from the emergency room because it believes that this is the best course of action for the patient, should its EMTALA obligations automatically be deemed satisfied? In other words, was Moses v. Providence Hospital incorrectly decided?
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DQ 2.3----> The key points conclude:- I need to have 12-15 key point short paragraphs including with specific recommendations for principles the hospital should include in its on-call guidelines;
"the medical staff on the EMTALA obligations applicable to on-call providers. Please prepare for the presentation that outline the key points Medical providers should know"
(1) The key points conclude with specific recommendations for principles the hospital should include in its on-call guidelines;
(2) accompanying “notes” explain in more detail the key messages your boss should deliver, as well as any essential background information she will need to know to answer questions that might arise.
(The “notes” feature in Power Point allows you to insert notes at the bottom of each slide, where it says “click to add notes.” The notes are solely for the benefit of the presenter; the audience will not see the notes when the slides are displayed.)
:As part of your hospital’s reorganization of its on-call guidelines, your boss has asked you to prepare a presentation that I will deliver to the medical staff on the EMTALA obligations applicable to on-call providers. Please prepare for the presentation that outline the key points Medical providers should know.
The key points conclude:- I need to have 12-15 key point paragraphs
(1) The key points conclude with specific recommendations for principles the hospital should include in its on-call guidelines;
(2) accompanying “notes” explain in more detail the key messages your boss should deliver, as well as any essential background information she will need to know to answer questions that might arise.
(The “notes” feature in allows you to insert notes at the bottom of each pages where it says “click to add notes.” The notes are solely for the benefit of the presenter; the audience will not see the notes when the slides are displayed.)

Coursework Sample Content Preview:

Emtala Basics
Student's Name
Institutional Affiliation
Course
Instructor's Name
Due Date
EMTALA basics
TQ 2.1
The Emergency Medical Treatment and Active Labour Act (EMTALA) is a statute that helps patients seeking medical care in any hospital emergency department to receive treatment and stabilization regardless of their ability to pay. As such hospitals that do not have an emergency department are not covered by EMTALA, such as private hospitals and military hospitals since these do not receive payment from the Department of Health and Human Services. Any hospital that observes EMTALA regulations cannot send a patient away from the emergency room without conducting a screening examination because they will have violated rules and will be liable for fines. If a hospital conducts a screening and a medical condition is present, the patient should receive treatment because EMTALA laws will be applicable. If a patient's health or a pregnant woman will be at risk if treatment is not administered then as per the EMTALA statutes providing treatment is an obligation of the hospital. Moreover, if a hospital is unable to stabilize a patient, or lacks the appropriate equipment for treatment, then a transfer should the patient to a specialize facility. EMTALA requires transfers to hospitals with specialized facility, transferring a patient to a hospital that lacks such facilities is a violation of EMTALA. The hospital that sent the patient will be at violation since it places the life of the patient at risk. A patient can only recover damages from the hospital and not from the doctors, because EMTALA protects physicians from lawsuits brought by patients.
TQ 2.3 Moses v Providence Hospital
The courts decision in Moses v Providence Hospital conflicts with CMS regulations because these rules need hospitals to stabilize a patient only during an emergency. Once admitted to the hospital and they become an inpatient the rules of EMTALA are no longer bidding even if the individual remains unstable. For instance, Mr Howard went to the hospital experiencing an emergency medical condition, the hospital admitted and discharged him ten days later, under these circumstances EMTALA requierements were meet and thus the court ruling is in conflict with CMS rules. The Sixth Circuit rejected the regulations because they found them "to be contrary to the plain language of the statute. Thus, the regulations were not entitled to deference" (EMTALA: Access to Emergency Medical Care). Additionaly, the rejection was because EMTALA prevents hospitals from "releasing patients with emergency medical conditions without providing treatment to stabilize the condition". Providence Hospital release of Mr Howard led to the rejection because the patient was not stable and 10 days after release he committed murder. In short, the court rejected the regulations because the release of the patients was in breach of EMTALA regulations (Turer et al,. 2020). The patient still had an emergency medical condition and his diagnosis was still unstable. The court would not have adopted a different result because the CMS regulations would "permit hospitals to avoid EMTALA liability by admitting and immediately discharging patients without providing any treatment". In...
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