Dr. Bitterman is president and CEO, Bitterman Health Law Consulting Group, Inc., in Harbor Springs, Mich. He is a member of the ACEP Medical Legal Committee.
Explore This IssueACEP News: Vol 32 – No 04 – April 2013
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- 42 USC 1395dd(a).
- 42 USC 1395dd(b) and (c). It is true that EMTALA’s stabilization and transfer requirements are not triggered unless the hospital determines, after the MCE, that the individual has an emergency medical condition.
- Bitterman RA. Providing Emergency Care Under Federal Law: EMTALA. Published by the American College of Emergency Physicians, January 2001; Supplement 2004. Second printing.
- 42 USC 1395dd(e); 42 CFR §489.24(b). Emphasis added.
- 42 USC 1395dd(e)(1). Emphasis added.
- E.g., Thornton v SW Detroit Hospital, 895 F2d 1131 (6th Cir 1990); Phipps v Bristol Regional Medical Center, No 96-5786, 1997 US App LEXIS 17919 (6th Cir 1997); and Camp v Harris Methodist Fort Worth Hospital, 983 SW2d 876 (Tex App. 1998).]
- 42 USC 1395dd; 42 CFR 489.24 et seq; CMS State Operations Manual (SOM), Appendix V – Interpretive Guidelines – Responsibilities of Medicare Participating Hospitals in Emergency Cases – EMTALA, Effective May 29, 2009, with revision 60, effective July 16, 2010. At: www.cms.gov/manuals/Downloads/som107ap_v_emerg.pdf.
- 42 CFR §489.24(d)(4)(iv); CMS Interpretive Guidelines §489.24(d)(4)(iv).
- Joint Commission Standard PC.01.02.07: The hospital assesses and manages the patient’s pain.