The body of the essay MUST be divided into different body paragraphs usually either 2 or 3. That makes 4 or 5 paragraphs in total. Can I have one body paragraph?
No Comments The Office of Inspector General recently doubled the potential monetary penalty for violations of EMTALA, added a new physician decision-making scenario subject to the penalty, and modified the factors considered in determining the amount of the penalty.
That amount had never been adjusted for inflation, until recently. It is also important to understand that the maximum penalty may be imposed for each violation, not on a per patient basis, and the care of any one individual patient can and often does result in multiple violations .
The total amount of monetary penalty can add up really fast. A legal axiom is that without a legal duty there can be no liability. Accordingly, the Office of Inspector General OIG should not be able to fine physicians for failure to accept transfers from other hospitals.
Even a HHS administrative law judge fined the hospital—not the on-call physician—ruling in the case of St. There is no question the OIG would include emergency physicians if they are the ones designated to accept or reject transfers on behalf of the hospital.
In other words, it was defined as the physicians with the responsibility legal duty for the patient at the treating hospital . The hospital should inform transferring hospitals that its physicians do not have the delegated authority to accept or reject transfers on its behalf.
Moreover, the hospital should also formally codify in its policies and procedures that the hospital, not the physicians, will decide whether to accept or reject a patient in transfer under EMTALA.
The nurses first confirm that the hospital has the necessary capacity to accept the patient available ICU beds, operating room capability, CT scanner, adequate staffing, etc. Factors considered for monetary penalties or termination of physicians from Medicare Not only has the maximum allowable monetary penalty been more than doubled, the OIG recently modified the factors it considers when assessing penalties to enhance its ability impose penalties of a greater amount, often to the maximum allowed by Congress [8,7].
For example, in one case the OIG alleged that a hospital failed to provide a medical screening exam MSE to a pregnant woman with possible preeclampsia.
It sought the maximum penalty because of the risk of harm to the woman and the significant risk of harm to the unborn child if the woman was not provided the MSE.
Summary Previously, physicians and hospitals were not overly concerned about potential monetary penalties under EMTALA; they were much more worried about termination from participation in Medicare, which is essentially a financial death sentence.
Now, a number of eye-popping changes by the Inspector General should give pause to all providers of emergency services regarding their compliance with EMTALA.
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