EMTALA Questions

Stephen Frew, JD

July 22, 2010

If while on ER call for the ER, the ER physician calls you and asks you to come in to see a patient. You get additional information from the ER physician about the patient and review the x-rays from your home computer. The ER physician continues to request that you to come in to see the patient but you know you can provide direction over the telephone to the ER physician to meet the patients needs. Provided you give the ER physician clear direction on what to do, you do not need to come in to see the patient.

TRUEFALSE

While on call coverage for the ER, the ER physician calls you and informs you about a patient in the ER who needs emergency surgery. It has been a very busy night in the ER and you are currently operating on an emergency patient and have another waiting. You are concerned that if the new patient has to wait for you to complete the current and waiting surgery he could have an unfavorable outcome and you have no partner to call to assist. You can tell the ER physician to seek an alternative provider for this patient.

TRUEFALSE

You are on call for the ER and the ER physician calls you to see a patient. If discussed with ER physician, according to EMTALA regulations, you may choose to wait until after a family function of 1-2 hrs before going into ER to see a non-critical patient.

TRUEFALSE

You are on call for the ER and the ER physician calls you to see a patient. You listen as the ER physician gives you an update on the patient situation. After discussing the care needs of the patient you feel your mid-level can respond to the ER and address the patient’s needs. You tell the ER physician that your mid-level will come to the ER and the ER physician agrees to the plan. You are in violation of EMTALA laws because you did not respond to the ER personally.

TRUEFALSE

a)$50,000 fine

b)Exclusion from Medicare

c)Hospital discipline

d)Malpractice actions

e)Licensure actions

f)Listing in national practitioner database

g)All of the above