Does EMTALA apply to clinics?

The court ruled that EMTALA may apply to urgent care clinics.

What facilities are required to comply with EMTALA?

Medicare-participating hospitals, including psychiatric hospitals, are required to comply with EMTALA. The requirements are consistently applied in hospitals and critical access hospitals with emergency departments and labor and delivery departments.

What is considered an EMTALA violation?

EMTALA also requires that hospitals perform an “appropriate transfer” to a higher level of care if required by the patient’s condition. (Transferring a patient without copies of the medical record, including imaging, is an EMTALA violation.)

Can you use EMTALA at an off campus hospital?

EMTALA does not apply to any off-campus facility, regardless of its provider-based status, unless it independently qualifies as a dedicated emergency department.

Is there an emergency medical treatment and Labor Act ( EMTALA )?

This alert focuses on QSO-20-15 Hospital/CAH/EMTALA, entitled Emergency Medical Treatment and Labor Act (EMTALA) Requirements and Implication Related to Coronavirus Disease 2019 (COVID-19). Click here for an analysis of the other QSO memos that address issues specific to nursing homes, hospice and home health agencies, and dialysis providers.

What was the final rule for the EMTALA?

ACTION:Final rule. SUMMARY:This final rule clarifies policies relating to the responsibilities of Medicare-participating hospitals in treating individuals with emergency medical conditions who present to a hospital under the provisions of the Emergency Medical Treatment and Labor Act (EMTALA).

What makes a hospital eligible for an EMTALA waiver?

The waiver ultimately granted provides relief from EMTALA requirements and the hospital at issue qualifies for the waiver (which is based on a facts and circumstances analysis).