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EMTALA Definitions

Introduction

Date of Last Review 8/13/09
SME: Director of Financial Operations

EMTALA is an acronym for the federal Emergency Medical Treatment and Active Labor Act. Also known as the anti-dumping law, it prohibits inappropriate transfers of patients with
emergency medical conditions.

The following terms relate to UTHCPC's obligations to patients presenting for emergency care.

Accepting physician

An accepting physician is the physician who has agreed to the transfer and under whose signature the patient is admitted.

Appropriate transfer

An appropriate transfer is defined as follows:

The transferring hospital provides medical treatment within its capacity which minimizes the risk to the individual's health and in the case of a woman in labor the health of the unborn child

The receiving facility has the available space and qualified personnel for the treatment of the individual and has agreed to accept transfer of the individual and to provide appropriate medical treatment

The transferring hospital sends to the receiving hospital all medical records (or copies thereof) related to the emergency medical condition for which the individual has presented that are available at the time of transfer as follows:

Records related to the individual's emergency medical condition

Observations of signs or symptoms

Preliminary diagnosis

Treatment provided

Results of any tests

Informed written consent or certification by the patient or a legally responsible person acting on the patient's behalf

Name and address of any on-call physician at the referring facility who has refused or failed to appear within a reasonable time to provide necessary stabilizing treatment

Any other records that are not readily available at the time of transfer must be sent as soon as practicable after the transfer

Capabilities

A hospital's capabilities include the following:

Physical space

Equipment

Supplies and services
Examples
: trauma care, surgery, intensive care, pediatrics, obstetrics, burn unit, neonatal unit or psychiatry, including ancillary services that the facility provides

The capabilities of the hospital's staff mean the level of care that hospital personnel can provide within the training and scope of their professional licenses and in conformity with routine policies

Capacity

Capacity means the ability of the hospital to accommodate the individual requesting examination or treatment of the transferred individual.

Capacity also encompasses the following:

Number and availability of qualified staff, beds, and equipment

Hospital's past practices of accommodating additional patients in excess of its occupancy licenses

Emergency medical condition

A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain, psychiatric disturbances and/or symptoms of substance abuse) such that the absence of immediate medical attention could reasonably be expected to result in placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy.

It also means serious impairment to bodily functions or serious dysfunction of bodily functions.

With respect to a pregnant woman who is having contractions, it means that there is inadequate time to effect a safe transfer to another hospital before delivery; or that transferring the woman may pose a threat to her health or that of the unborn child.

Labor

The process of childbirth beginning with the latent or early phase of labor and continuing through the delivery of the placenta.

A woman must be considered to be in true labor unless and until a physician or qualified medical personnel certifies that, after a reasonable time of observation, the woman is in false labor.

Medical screening examination

The process by which the physician determines whether the patient has an emergency medical condition. This generally occurs after a nurse's Triage assessment.

Physician certification

This refers to written certification by the treating physician ordering the transfer and prior to the patient's transfer, declaring that based on the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another facility outweigh the risks of transfer for the patient or, in the case of a woman in labor, to the woman or the unborn child.

The certification must include a summary of the risks and benefits upon which the certification is based and the reason(s) for transfer.

If the physician is not physically present at the time of transfer, qualified medical personnel can sign the certification as long as:

They are in consultation with the physician

The physician agrees with the certification

The physician countersigns the certification

Stabilized

This means that, within reasonable clinical confidence, no material deterioration of the condition is likely to result from or occur during the transfer of the individual from the facility, or, in the case of a woman in labor, that the woman delivered the child and the placenta.

A patient is deemed stabilized if the treating physician of the individual with an emergency medical condition has determined, within reasonable clinical confidence, that the emergency medical condition has been resolved.

To stabilize

With respect to an emergency medical condition, means to provide such medical treatment of the condition necessary to assure that, within reasonable medical probability, no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility.

Or in the case of a woman in labor, that the woman has delivered the child and the placenta.

Transfer

The movement (including the discharge) of an individual outside a hospital's facilities at the direction of any person employed by (or affiliated or associated, directly or indirectly, with) the hospital.

This does not include such a movement of an individual who has been declared dead or who leaves the facility against medical advice or without being seen.

Transfer physician

The physician who has ordered the transfer.

Triage

Triage is a sorting process to determine the order in which patients are provided a medical screening examination by a physician or qualified medical person.

Triage is not the equivalent of a medical screening examination and does not determine the presence or absence of an emergency medical condition.

Daily central log

This is a log that a hospital is required to maintain of all individuals seeking assistance.

The purpose of the central log is to track the care provided to each individual who comes to the hospital seeking care for an emergency medical condition.

It is where hospital personnel document the disposition of such individuals, whether the patient:

Refuses treatment

Is transferred

Admitted and treated

Stabilized and transferred

Discharged

Inpatient transfers are also documented

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Harris County Psychiatric Center University of Texas Health Science Center