How to Survive an EMTALA Investigation


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How to Survive an EMTALA Investigation
Audio Conference
Recorded August 3, 2005

Faculty: Alan Steinberg and Susan Lapenta

A surveyor for the Centers for Medicare & Medicaid Services ("CMS") arrives in your hospital's Emergency Department to conduct a surprise EMTALA investigation. The surveyor says that she and her partner want to look at all ED medical records for the last six months, with a particular emphasis on Dr. Nev R. Oncall (the Hospital's most renegade physician as to on-call responsibilities). The surveyor provides a long list of hospital staff and employees whom they want to interview, states that they will need an office from which to work, and wants this to be done ASAP.

The hospital knows that the penalties for an EMTALA violation are the termination of its Medicare provider agreement and/or fines of up to $50,000 per EMTALA violation.

How does a hospital respond in this situation? How does a hospital succeed in this situation?

This audio CD ispresented by Susan Lapenta and Alan Steinberg, partners of Horty, Springer & Mattern, who have advised hospitals across the country on EMTALA and on-call issues, investigations and corrective action plans.

Questions addressed include :

Does a CMS surveyor have the authority to see any and all ED records, or only those records relating to an alleged EMTALA violation?
What are the key things a hospital should do to protect itself during an EMTALA investigation?
Can the hospital be found to violate EMTALA because of Dr. Oncall's behavior?
When will CMS inform the Hospital whether it has found a violation? If CMS does find a violation, how do the rules differ for a "fast track" as opposed to a "regular" corrective action plan?
What needs to be included in a convincing corrective action plan?
Why does the Office of Inspector General ("OIG") become involved after CMS has finished its investigation? What can the OIG do to the hospital? To Dr. Oncall?
How should the hospital respond when the State PRO/QIO notifies the hospital that it will be providing its report to the OIG, and offers the hospital a hearing on the matter first?
Dr. Oncall says he received the same notification letter from the PRO/QIO, and wants to team-up with the Hospital for the hearing. What should the hospital do?
When and why does the federal Office of Civil Rights ("OCR") become involved in an EMTALA matter?

Audio CD: $225

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