Also to be discussed is a case that has created an enormous expansion of hospital and practitioner liability under federal law. The case, Moses v. Providence Hospital and Medical Centers, Inc., No. 07-2111 (6th Cir. April 2009), overruled the CMS regulation that EMTALA obligations end when the hospital admits the patient in good faith. The case illustrates the importance of understanding the role that case law has in the outcome of EMTALA litigation: patients can complain to CMS and request an investigation, or they have the option of going and directly filing a lawsuit.
It is anticipated that healthcare will see larger EMTALA fines and more activity because of the higher fines and the OIG final changes. These changes are not in the CMS CoPs and will be discussed.
Learning Objectives:
• Recognize EMTALA as a frequently cited deficiency for hospitals.
• Recall that CMS has a manual on EMTALA that all hospitals that accept Medicare must follow.
• Describe the requirement that hospitals must maintain a central log.
• Discuss the hospital’s requirement to maintain a list of the specific names of physicians who are on call to evaluate emergency department patients.
• Describe the CMS requirements on what must be in the EMTALA sign.
• Describe the hospital’s requirements regarding a minor who is brought to the ED by a non-parent for a medical screening exam.
• Discuss when the hospital must complete a certification of false labor.
Jul. 23, 2025
12:00 PM - 2:00 PM
Virtual