PAGE:1 of 2 / REPLACES POLICY DATED:
APPROVED: November 12, 1998 / RETIRED:
EFFECTIVE DATE: January 1, 1999 / REFERENCE NUMBER: RI.004
SCOPE: All Company facilities including hospitals and any entities operating under the hospital’s Medicare Provider Number including, but not limited to, the following:
All Clinical Departments Administration
Ancillary Services Quality Management
Admitting/Registration Risk Management
Employed Physicians Emergency Department
Hospital owned Medical Office Buildings Urgent Care Centers/clinics
Hospital owned emergency vehicles Ambulatory Care Facilities
Business Office Nursing
PURPOSE:
To ensure that all patients have the opportunity to review their right to medical screening examination and stabilization for an emergency medical condition.
POLICY:
All facilities with emergency departments must post appropriate signage notifying patients of their right to a medical screening examination and stabilization treatment as specified under EMTALA.
Some states have separate emergency services laws that may apply additional legal requirements to the Medical Screening Examination, diagnostic testing, or stabilizing emergency medical treatment. Consult with your Operations Counsel to identify and comply with any such additional legal mandates.
PROCEDURE:
Please refer to the EMTALA - Medical Screening Policy, RI.001, for a complete list of definitions pertaining to this policy.
1. Each facility with an Emergency Department must post one or more signs conspicuously or in a place or places likely to be noticed by all individuals entering the emergency department, as well as those individuals waiting for examination and treatment in areas other than traditional emergency departments (that is, entrance, admitting area, waiting room, treatment area). In general, the sign(s) should be visible from anywhere in the area or a distance of twenty (20) feet, whichever is less.
2. This signage must provide, at a minimum, the following:
- Identification that the facility participates in Medicaid;
- Specific rights of patients with emergency conditions and women in labor;
- Clear wording in simple terms and language(s) that are understandable by the population served by the hospital (e.g., a facility which serves a large number Spanish speaking people should have a sign in Spanish).
IT’S THE LAW!
If you have a medical emergency or are in labor, you have the right to receive, within the capabilities of this hospital’s staff and facilities:
An appropriate medical screening examination
Necessary stabilizing treatment (including treatment for an unborn child) and, if necessary
An appropriate transfer to another facility even if you cannot pay or do not have medical insurance or you are not entitled to Medicare or Medicaid.
This hospital (does/does not) participate in the Medicaid program.
REFERENCES:
Social Security Act, Section 1867, 42 U.S.C. 1395dd, Examination and Treatment for Emergency Medical Conditions and Women In Labor
HCFA Site Review Guidelines, State Operations Manual
42 Federal Register 489.24(b), Special Responsibilities of Medicare Hospitals in Emergency Cases
EMTALA Medical Screening Policy, RI.001
EMTALA Stabilization Policy, RI.002
EMTALA Transfer Policy, RI.003
EMTALA Central Log Policy, RI.005
EMTALA Duty to Accept Policy, RI.006
EMTALA Provision of On-Call Coverage Policy, RI.007