Healthcare Law

In: Business and Management

Submitted By kedunlapjohnson
Words 1578
Pages 7
Running head: RIGHT TO EMERGENCY CARE

The Right to Emergency Care Including the Needs of the Psychiatric Patient

Abstract
The Emergency Medical Treatment and Labor Act came about in 1986, but was sought after as far back as the 1960s. This law requires emergency care to individuals regardless of ability to pay. EMTALA requires examination and treatment of individuals who present with an emergency medical condition and/or women who present in labor. This law is applicable to all hospitals that participate in the federal Medicare program. EMTALA should not be confused with medical malpractice law. EMTALA also applies to individuals who present with acute symptoms of psychiatric illness and/or substance abuse.

The Right to Emergency Care Including the Needs of the Psychiatric Patient
The Emergency Medical Treatment and Labor Act (EMTALA) requires access to emergency care regardless of an individual’s ability to pay. EMTALA may also be known as the Anti-Patient Dumping Statute. Regardless of the lack of duty to admit or serve all who present for treatment, a hospital emergency department is an exception to the rule (Showalter, 2015). A hospital emergency department has a duty to “evaluate all patients who present for service and to render emergency care to those who need it” (Showalter, 2015). The need for EMTALA was starting to be recognized in the 1960s (Showalter, 2015). According to Showalter in his text, EMTALA was developed with the “philosophy that healthcare at the time of an emergency is a moral right and must be provided regardless of the patient’s ability to pay” (2015).
History
Enactment
The Emergency Act (EMTALA) was passed in 1986 due to increased concerns over the availability of emergency health care services to the poor and underinsured (Garan, 2015). Several cases identify and describe the need and history of EMTALA. From…...

Similar Documents

Healthcare

...children and what medical coverage they may have and how healthcare reform should help get almost all children some type of healthcare. Currently, if a child is not covered under private insurance, Medicaid and CHIP can assist in covering the vulnerable groups, mostly because they are likely to be poor, belong to racial or ethnic minority groups or who have chronic health care problems. While both public and private insurance fail in meeting the needs of children, public coverage has been more persuasive than private coverage at providing managed health care to low-income children. Ideally health care reform could cause certain steps to promote the emotional, cognitive, and physical health of children, enable them to maximize their full potential. Such a focus would create application to such policy changes that could define solutions for failures in the current system and decrease discrepancy in access, quality, and outcomes. Healthcare Reform for Children The plan is set in place to overhaul the nation’s health care system. The goals of the health care reform proposals include moving the nation toward universal coverage, improving quality of care, and slowing the rate of health care cost growth. Many populations of U.S. groups are waiting for the “effects” of this new health care proposal. There are many opinions and fears that are associated with the talks and implementations of various healthcare policies. One group that specific consideration......

Words: 3586 - Pages: 15

Law and Healthcare Admin

... 12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. 12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. A relationship is a connection or association. To me a relationship is very important and healthy for an individual to form. A relationship is extremely important among physician and patient and hospital and patient. I thank communication and interaction is the most important factors in a relationship. These factors are very important when forming a relationship between physician and patient and hospital and patient. In relationships communication is very important and is essential among physician and patient. There are several types of communication and all are essential when it comes to dealing with the health of an individual. With communication comes interaction, which is also very important. Many feel bitter about their visits, because they are paying money for a service so that is what they expect. So when a relationship is formed they become surprised because that is not what they expected. So the relationship to them becomes so what special, and out of that relationship a patient builds confidents, trust, respect, and becomes relaxed. Once a patient builds a good relationship with the physician then they can create a relationship with the hospital. These will make the experience easier for all parties and build strength within the overall......

Words: 1289 - Pages: 6

Healthcare Policy Law and Ethics

...ASSIGNMENT: 3 ORGANIZATION OF A HEALTH CARE FACILITY HEALTH CARE POLICY LAW AND ETHICS AUGUST 10TH. 2013 Your reputation as a renowned administrator to successfully lead mergers and acquisitions of hospitals precedes you, and you have been hired to create and open a new specialty health care business. This is a clinic with physicians who specialize in the following areas: dermatology, gynecology, heart disease, respiratory disease, surgery, and gastroenterology. It is located in an exclusive neighborhood. 1. Determine whether you would incorporate and state the advantages and disadvantages of doing so. The first order of business is to analyze the demographics of the neighborhood and its residents. Incorporating so many specialties in an exclusive neighborhood can bring about several challenges such as an influx of a variety of individuals from all walks of life. In addition, there could be a traffic nightmare with having so many specialties in a neighborhood such as women with children, old and young adults. The advantages of incorporating multiple specialties in a new clinic would be financially rewarding for the owners. The reason for the financial rewards would be that if one specialty does not do well, then the other would offset any deficits incurred. Another advantage of group practice from the perspective of the provider include shared operation of the practice, joint ownership of facilities and equipment, centralized......

Words: 2106 - Pages: 9

Healthcare

...about meeting the new standards expected in healthcare of they will face lawsuits and tort actions that could destroy their careers (Qazi, 2012). The healthcare debate in the United States has been dominating the industry since President Obama passed key legislation that will forever change the American medical system. Arguments against healthcare reform stem largely from the provisions and laws that are being proposed by Obamacare. The restructured proposals have drawn many opponents, especially in the healthcare and insurance industry. Primarily, the argumentative claim is that the costs to practice medicine and insure all patients will not be sustainable. Additionally, the increase in the amount of patients that will flood the system will demand an increase in medical insurance premium costs, drive down competition, and lower the overall quality of care that Americans are used to receiving. For private physicians, the demands placed on their practices to meet and maintain the new laws and regulations will drive doctors out of private practice according to many economists (Qazi, 2012). The arguments for healthcare restructuring in the U.S. stem from both a moral argument and a leveling of the playing field approach. Proponents of healthcare reform take issue with the fact so many millions of Americans are uninsured or unable to obtain quality healthcare and they want to correct the system by putting in place laws that demand healthcare for all citizens in some form.......

Words: 923 - Pages: 4

Healthcare Law

...he wasn't board certified and was not eligible for the exams anymore. The hospital did not take any action to ascertain if Dr. Folliss has taken and cleared the exam and hence it did not adhere to the JCAHO regulations Concur/Dissent: I concur with the decision of the court. SOKOL v. AKRON GENERAL MEDICAL CENTER, 173 F.3d 1026 (6th Cir. 1999) Relevant facts: The Medical council at the Akron hospital received information that the plaintiff had a patients had an excessive mortality rate for CABG.A quality task force was appointed to review the entire cardiac surgery program and it was determined that plaintiff’s risk adjusted rate for his patients was 12.09% and that it warranted immediate corrective action. Pursuant to medical staff by laws an investigatory committee was formed to review the plaintiff’s performance and this committee used STS methodology and 2 factors were identified, one being poor case selection by the plaintiff and other was inadequate myocardial protection leading to heart attacks. The committee recommended that all the cases which plaintiff is going to operate on should be evaluated by another cardiac surgeon and he has the authority to deny surgery if there is high risk and that the plaintiff should not be allowed to perform emergency surgeries and cath lab. Under the medical staff bylaws there should be a notice period before any decision to curb the clinical privileges of any staff is taken such that it gives sufficient time to the member to......

Words: 2555 - Pages: 11

Healthcare Law and It

...Healthcare Law and IT 1 Healthcare Law and IT 2 Healthcare as a whole has undergone an enormous transformation in recent years. The United States spends more on healthcare delivery, in terms of a percentage of GDP, than any other country in the world. Much of that cost is related to research and improvements in technology and information systems, as well as implementing them in an effort to reduce healthcare costs over time. That is where healthcare informatics comes into effect. According to Health Services Research Information Central, the definition of health informatics is, “the interdisciplinary study of the design, development, adoption, and application of IT-based innovations in healthcare services delivery, management, and planning.” Healthcare informatics is used to gather, analyze, and interpret data and information about patients and treatments. This information, along with business and management information, is used to interpret how things are and to develop a better, more efficient and more cost effective method of operation. The big question is, how does healthcare informatics and technology effect or impact the development and implementation of healthcare law? One of the most effective technologies that has been widely adopted already is electronic health records. EHR are systems that track and record patient information. It also makes them more accessible and easier to share and communicate between doctors, patients and insurance companies.......

Words: 1608 - Pages: 7

Healthcare Law and Informatics

...Healthcare Law and Informatics Stephanie Masella Southern New Hampshire University “Technology to compute information has roughly doubled every 14 months between 1986 and 2007” (Rundio & Wilson, 2010 ). Health IT has changed the ways of communication and documentation. Informatics in healthcare has helped to increase the efficiency of our healthcare system. By moving away from hand written medical records, information has become more organized, more manageable, and much more easily accessible. Advancements in technology have allowed organizations to become more productive and more cost effective. Informatics has helped organizations in reducing their staff needs, ultimately saving them money. As healthcare IT continues to advance, patient safety, quality of care, and costs will continue to improve, and privacy and security will continue to be the goal for all electronic information. The use of electronic health information to improve the quality of care requires the exchange of electronic health records, which increases the need for security and privacy. Because of this, it was essential to establish collaborative governance guiding health information technology infrastructure (Rundio & Wilson, 2010) . The Health IT Patient Safety Action and Surveillance Plan addresses the role of healthcare informatics within the U.S. Department of Health and Human Services promise to patient safety. The objective of the plan is to use healthcare informatics to make care safer...

Words: 1877 - Pages: 8

Civil Procedure Utilized in Healthcare Law

...Civil procedure is defined as a body of law that describes the private rights and responsibilities of individuals (Pozgar, 2012). Civil procedure is a part of law that does not deal with crimes but instead involves actions filed by one individual against another (Pozgar, 2012). Civil procedure can be utilized in healthcare law in a variety of measures in health care law to include tort and contract laws (Pozgar, 2012). One major area within health care law that civil procedure is utilized is medical malpractice cases. Medical malpractice occurs when there is professional misconduct or lack of skill in providing medical treatment or services (McElrath, n.d). The victims of medical malpractice seek compensation for their physical and/or emotional injuries through a negligence action. A defendant physician may be found liable for medical malpractice if the plaintiff patient can establish that there was in fact a patient-physician relationship; that the physician breached the accepted standard of medical care in the treatment of the patient; and if the patient suffered an injury for which he or she should be compensated; and that the physician's violation of the standard of care was the cause of the injury (McElrath, n.d). Breach of contract is not a common medical malpractice theory since medical providers do not typically make promises about a particular outcome of a medical procedure. However, civil procedures can occur if a patient (plaintiff) sues for breach of contract...

Words: 300 - Pages: 2

Healthcare Law and It

...Healthcare Law and IT Brittany Technology is constantly evolving and advancing. As the healthcare industry becomes more electronic the laws protecting patient health information also need to evolve to cover the ever changing technologic advances. The concerns of protecting patients’ private healthcare information have grown as the use of electronic medical records has become more prevalent throughout the industry. In the 1960s computers began being used for generalizing human behavior. A physician established the idea of the Electronic Medical Record (Srinivasan, 2013). Unfortunately, the usage of electronic medical records did not become more mainstream until two decades later. (Srinivasan, 2013). As the use of EMRs became more prevalent healthcare information technology has played a “pivotal role in improving healthcare quality, cost, effectiveness, and efficiency,” (Srinivasan, 2013). However, the use of healthcare information technology has brought up concerns about privacy and protection of patient health information. In 1996, the Health Information Privacy and Accountability Act also known as HIPAA was passed. This was the first federal law regulating the privacy of health information. HIPAA was “designed primarily to modernize the flow of health information” (Solove, 2013). While at this time medical records were still in paper form, it was clear that health records would become digital in the future. (Solove, 2013). In the early years of......

Words: 1984 - Pages: 8

Healthcare Law

...and Indian Health Care Improvement Act, which extends current law and authorizes new programs and services within the Indian Health Service. This information is all well written and easily accessible for the general public, members of IHS, providers, and also those looking for a career opportunity in this specific field. This site also provides legal information such as eligibility and legislation for IHS, which covers 566 federally, recognized tribes in 35 different states. Overall this site is credible and well put together in order to aid the public in learning more about the health system for Native Americans and Alaska Native. NBC News. (2014). Broken promises: Reservations lack basic care. Healthcare on NBC News. Retrieved from http://www.nbcnews.com/id/31210909/ns/ health-health_care/t/broken-promises-reservations-lack-basic- care/#.VIOJX4d692c This news article provides a real life example of the Indian Health Service system failing to provide proper care to a five-year-old girl on the Crow Reservation in Montana. The article goes on to discuss the legality and weaknesses that are highly present in the IHS and also refers to the “don’t get sick after June” concept that is said when federal dollars for this service run out. Provided these real life examples and detail research that are present throughout this news article, the public is able to get a more detailed feel of what healthcare on the reservation is like. Many people may think that......

Words: 2031 - Pages: 9

Healthcare Law and It

...Healthcare Law and IT Abstract: The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009, has specific laws pertaining to healthcare records. Healthcare records includes any record that contains patient data, social security information, date of birth, name etc. (HITECH Act Enforcement Interim Final Rule) Part of Health Insurance Portability and Accountability Act of 1996 (HIPAA), involved an aspect called Administrative Simplification. These were provisions that we set that were going to simplify and standardize various identifiers, codes etc. While the thought is good, the rush to meet these standards contained its own set up challenges. HIPAA regulations cover many policies, patients, hospitals, vendors, financial departments, what use to be an acceptable way of business and communicating is now a new thought process for many. The abbreviations E.H.R. (Electronic Health Record) and E.M.R. (Electronic Medical Record) are used interchangeably throughout this paper. Some would agree they are the same, however the term EMR seems to refer more to the “Medical” field, clinical data, the term E.H.R. is Health record, involving all aspects of the health care fields and technologies. Table of Contents: Topic Page Introduction 4 Systems and Conversions 4-5 Public Health Benefits 5-7 National Patient Safety Goals 7 Meaningful......

Words: 1663 - Pages: 7

Applied Legal Concepts in Healthcare Law

...Applied Legal Concepts in Healthcare Law Brewster v. University Hospital This paragraph will include a summary from the case which was obtained from the Healthcare Law Writing Assignment. In December 31, 1987 the Brewster’s had a daughter Emma that was born a week premature. Emma was transported to Children’s Hospital Medical Center the next day when she began showing signs of respiratory distress. She was treated by Dr. Craig Jackson, a neonatologist employed by the University of Washington. Emma suffered from hyperbilirubinemia, or jaundice, caused by elevated levels of bilirubin, a substance that is released into the bloodstream. Jaundice is not uncommon among infants as approximately a third or more of all newborns at the intensive care unit at Children’s hospital have jaundice. Greatly elevated bilirubin levels can result in permanent in brain damage. When Emma was admitted to Children’s Hospital, her serum bilirubin level was 4.2 micrograms per deciliter. It gradually increased to as high as 22.0 mcg/dl on January 7, 1988, then decreased to 5.7 mcg/dl on January 18, 1988. The type of jaundice Emma experience is generally treated with phototherapy. More serious cases are treated with a transfusion of all the blood in the infant’s body, a treatment entailing greater risks including cardiac arrhythmia, bleeding, bacterial infection and the development of air bubbles in the circulatory system. Dr. Martin prescribed phototherapy for Emma, which was unsuccessful, and......

Words: 1347 - Pages: 6

Healthcare Policy Law and Ethics the Feeding Tube

...in the provision of health care. It enumerates several rights that a patient is entitled to before, during and after getting treatment. While this document is not law; it is very important in ensuring that all activities towards a patient’s health are carried out with consideration for their values and dignity (Maryland Hospital, 2011). The patient’s bill of right gives June several privileges as a patient concerning her treatment. First, she can make her own decisions, pertaining to the plan of care before and during treatment. Initially June accepted the placement of the feeding tube thereby accepting the doctor’s plan of medical care, after being informed that the reason for placing the feeding tube was to save her life since she was severely anorexic. When she later refused the recommended treatment, she should be considered incompetent to make the decisions. She was disoriented and combative which brings in the second patient right. The patient bill of rights stipulates that a patient has the right to designate an individual such as a healthcare proxy, durable power of attorney for healthcare or a living will. According to Maryland Hospital (2011), a patient would exercise this right with the expectation that the hospital will respect the decisions made by his directive to the extent allowed by law and hospital policy.  June’s closest family members are her parents and her ex-husband. Established medical customs allows the doctors to turn to the......

Words: 1304 - Pages: 6

The Law and Healthcare Adm

...prevention, and treatment. The access to care can also be in the form of making the patients feel they will get care regardless of their ability to pay. (Means & FACHE, 2011) Finally, a non-profit hospital would want the reputation of being fiscally responsible. They have to operate within a specific budget and outside of salaries for their employees; all operating money should be used in administering healthcare to those eligible patients within the community. These non-profit hospitals administrators should reputations as being very responsible when it comes to how these funds are spent. Means, M. D., & FACHE. (2011, February 25). What Are Not-For-Profit/Commuinty Hospitals. Retrieved July 23, 2011, from Health First: http://www.health-first.org Pulido, M. S., & Attnys. (2011, January 1). Phillippines Law Library. Retrieved July 23, 2011, from Doctrine of Apparent Authority; Holding Out Theory; Doctrine of Ostensible Agency: http://www.batasnatin.com/law-library/civil-law/torts Showalter, J. S. (2007). The Law Of Heathcare Administration. In J. S. Showalter, The Law Of Healthcare Administration (pp. 127-145). Chicago: Health Administration Press....

Words: 1543 - Pages: 7

Law and Healthcare

...1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. To begin with, when people think of professional liability in healthcare, they usually think of medical practice, a form of negligence. Negligence by definition is known as one of the most common type of malpractice that exists in the healthcare industry. However, in order for a negligence case to be proven, four elements are necessary: Duty of Care, Breach of that duty, Injury and Causation, (J. W. Showalter, 2007). The first element, duty of care, requires all persons to conduct themselves as a reasonably prudent person would do similar circumstances. Generally, duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to no to place them in situations of undue risk of harm. For example, physicians have a duty to protect patients from foreseeable dangers that could lead to any injury. In case of a surgery, they have a duty to make sure all equipment are in good condition, so it does not lead to injury while the procedure is done. They also have a duty to take preventive measures which create a safer environment. The second element, breach of that duty, requires expert testimony, which normally comes from the defendant’s fellow practitioners because they know the standards of practice best. For example, a specialist may testify about the standards for general practitioners if she is knowledgeable......

Words: 2051 - Pages: 9