Question

The ethical DNA of healthcare organizations is to provide health care for those who need. In the U.S., EMTALA, the federal regulation enacted in 1986 is a legal way of ensuring the beneficent commitment of the healthcare institutions. Under EMTALA, the staff at hospital emergency departments are required to screen every patient who seeks emergency care and to stabilize or transfer those with medical emergencies, regardless of health insurance status or ability to pay. However, fully abiding by the law sometimes places the hospital in financial risks. Imagine that you are the CEO of a not-for-profit-hospital. How would you satisfy the ethical demand of EMPTALA? Note that your ethical decision must be financially sustainable; however, the question is asking about your ethical direction in terms of resource allocation, not the financial and management details.   

Answer 1

The emergency medical treatment and Active Labor Act(EMTALA) for hospital emergency department overcrowding and cost. it defines responsibility for the patient with the medical screening examination stabilize any patient with an emergency medical condition and makes appropriate solutions for the patient's needs. EMTALA builds common law and state legislative precedent for enactment. As a part of the Affordable Care Act, the need not for profit hospital have a written policy for compliance with EMTALA's rules and condition of maintaining federal tax exempt status. As the CEO of a not for profit hospital if the patient is uninsured without regardless of financial stability patient must be stabilized and diagnosed for appropriate condition and the hospital should response to medical emergencies not to refuse to see the patient. the patient should be stabilized without violating EMTALA. unstable discharge or transfer the patient cause liability issues. it has on-call policy to meet the needs of the patient and based on resources available in the hospital. federal standards take measures to sufficiently meet the on-call specialty resources available to emergency staffs. geographically accessible resources prior to patient transfer to not for profit hospital should be within a geographic market utilization. EMTALA ensures emergency care is financially sustainable with available resources to treat the patient. appropriate allocation of resources in the emergency situation should maintain benefits, minimize harm, and respect patient rights.