http://www.medlaw.com/healthlaw/EMTALA/guidelines/emtala-site-review-guidelines-2008---tag-a-2400-c2.shtml
EMTALA Site Review Guidelines 2008 - Tag A 2400 / C2400
Language effective 4/21/08
Tag A-2400/C-2400
§489.20 Basic Section 1866 Commitments Relevant to Section 1867 Responsibilities
The provider agrees to the following:
§489.20(l)
(l) In the case of a hospital as defined in §489.24.
Interpretive Guidelines: §489.20(l)
The term “hospital” is defined in §489.24(b) as including critical access hospitals as defined in §1861(mm)(1) of the Act. Therefore, a critical access hospital that operates a dedicated emergency department (as that term is defined below) is subject to the requirements of EMTALA.
42 CFR §489.20(l) of the provider’s agreement requires that hospitals comply with 42 CFR §489.24, Special responsibilities of Medicare hospitals in emergency cases. Hospitals are required to adopt and enforce a policy to ensure compliance with the
requirements of §489.24. Noncompliance with EMTALA requirements will lead CMS to initiate procedures for termination from the Medicare program. Noncompliance may also trigger the imposition of civil monetary penalties by the Office of the Inspector General.
Surveyors review the following documents to help determine if the hospital is in compliance with the requirement(s):
● Review the bylaws, rules, and regulations of the medical staff to determine if they reflect the requirements of §489.24 and the related requirements at §489.20.
● Review the emergency department policies and procedure manuals for procedures related to the requirements of §489.24 and the related requirements at §489.20.
If a hospital violates §489.24, surveyors are to cite a corresponding violation of §489.20(l), Tag A-2400/C-2400.
