The EMTALA ACT is not an act

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law established in 1986 to ensure that patients who present an emergency department receive medical care regardless of means. Violations are reported the Centers for Medicare Medicaid Services can result significant financial penalties. Cheng et al1Cheng T.W. Farber A. Forsyth A.M. Levin S.R. Haqqani M. Kalish J.A. al.Vascular surgery related violations treatment labor act.J Vasc Surg. 2021; 74: 599-604Abstract Full Text PDF Scopus (1) Google Scholar demonstrate these “violations” also substantial morbidity mortality. I suggest some may even medicolegal suit. Therefore, it behooves vascular surgeons be fully conversant with EMTALA Act. Unfortunately, al point out most not so informed detriment their patients, stability continued function hospital, own fiscal well-being. will admit found article eye-opening! Accordingly, would at your peril if you ignore reading whole manuscript. However, there one specific regulation fear unfairly puts many risk. CMS’ operations manual EMTALA2U.S. & Services. (EMTALA). State Operations Manual: Appendix V—Interpretive Guidelines—Responsibilities Participating Hospitals Cases.Google states “when physician has agreed on-call particular hospital during period time, but scheduled elective or diagnostic therapeutic procedure time as permitted by policy, must have planned back-up event called while performing unable respond request reasonable time.” A large tertiary institution multiple able assure such availability. because workforce shortage,3Go Oslock Santry H.P. Way D.P. Baselice H.E. Tamer R.M. al.A contemporary reassessment predicts shortage available services next 20 years.J 2019; 70: e73Abstract hospitals USA underserved when comes privileged institutions. unusual on room (ER) call every third fourth night, night. Such responsibility involves being in-house emergencies. How survive financially they cannot schedule procedures ER? arrange coverage no other surgeon available? do cross-cover competitive groups? Despite onerous burden this places surgeons, pay adequately reimburse ER call. Further, advertise full without acknowledging adequate support. So, working hospitals, show al's manuscript CEO insist governing body assures take legal violation regulation. advertises its community, demand compensation opinions views expressed commentary those authors necessarily reflect recommendations Journal Vascular Surgery Society Surgery.