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Articles Tagged With: EMTALA

  • Risk Managers Valued in Compliance Program Guidance from OIG

    The Department of Health and Human Services Office of Inspector General recently issued its new General Compliance Program Guidance, the first of a series of compliance guidelines expected from the OIG, providing guidance, tools, and references addressed to federal healthcare program providers and suppliers. OIG makes clear that risk managers are an integral part of the effort.

  • Society of Family Planning Issues Clinical Recommendation for Medication Abortion

    As maternity and OB/GYN deserts spread across the United States, medication abortion to expel the fetus and placenta from the uterus without a surgical procedure is possible and can work safely and well between 14 weeks and nearly 28 weeks of gestation. There are few absolute contraindications to medication abortion from 14 to 27 weeks of gestation, according to the Society of Family Planning and Society of Maternal-Fetal Medicine’s new clinical recommendation.

  • EDs Are Getting Clarity on State Abortion Laws

    After the Dobbs decision, clinical practices changed in some EDs in states with abortion bans. The changes did not come about directly because of state laws, per se, but more so over uncertainty about how the laws could be interpreted.

  • EMTALA Still Poses Challenges After All These Years

    EMTALA has encouraged the safe care of emergent patients since 1986, yet it still poses significant compliance challenges and hospitals are cited for violations. Understanding the potential pitfalls and best practices can help healthcare organizations avoid serious consequences.

  • EMTALA Concerns if Patients Ask About Delays

    Are discouraging comments an EMTALA violation? Investigators would examine factors such as what exactly was stated, under what circumstances the comment was made, whether the information was truthful and accurate, and whether it discouraged the patient from staying in the ED and receiving care.

  • Lawsuits, Complaints Detail Medical Terror Some Pregnant Patients Face

    Since states like Missouri and Texas rushed to ban abortion, using language that is vague and with narrow exceptions, hospitals and physicians across the South and in other areas with abortion bans are denying health-saving care to pregnant patients in crisis.

  • Abortion Bans End Standard Pregnancy Care in Large Swaths of the United States

    When South Carolina and North Carolina passed abortion bans in May 2023, they were among the last states in the Southeast to end standard pregnancy and abortion care. Standard abortion care for women in most of the South and parts of the Midwest will now be denied to all but a small percentage of people. Those who want or need abortion care a couple of months into pregnancy will need to travel hundreds of miles to a state where abortion care is legal.

  • LWBS Patients Pose Risks for EDs Under EMTALA

    Solid documentation is the best weapon against accusations a clinician violated the Emergency Medical Treatment and Labor Act and a patient who left the ED without being seen who files a malpractice lawsuit.

  • EMTALA Concerns if Patient Harm Is Linked to Staffing Shortage

    It is important for administrators to understand an individual emergency physician or facility can be held liable under EMTALA, even if no one is hurt.

  • Hospital EDs May See Legal Issues After Abortion Ruling

    The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, sending the issue of abortion rights back to the states, could lead to difficult legal situations for some EDs. Risk managers should consider their state laws and plan for potential issues. One of the first issues to consider is how laws restricting abortion intersect with EMTALA.