http://www.medlaw.com/healthlaw/EMTALA/regulations/cms-issues-new-guidance-for-emtala-disaster-rules.shtml
CMS ISSUES NEW GUIDANCE FOR EMTALA DISASTER RULES
CMS has issued new guidance designed to clarify concerns about how to handle EMTALA compliance during disasters.
CMS has issued new guidance designed to clarify concerns about how to handle EMTALA compliance during disasters. Emphasis seems to suggest that the press for clarification is coming from concerns raised by repeated warnings about possible SWINE FLU epidemics this Fall.
Some of the concern appears to be coming from mounting stories about fear -induced increases in ED visits from healthy patients over-reacting out of anxiety from the perceived risk of swine flu.
The panic has been further fueled by White House release of reports yesterday predicting up to 90,000 deaths this fall season from the swine flu and overwhelming hospitalization rates. Published reports today, however, down-play the White House catastrophe scenario and point to a more "normal" year's expectations.
The FACT SHEET discusses:
a. What is EMTALA
b. What are options for managing ED surges under EMTALA without a federal disaster waiver?
c. What are EMTALA disaster waivers and how do they apply?
Comments in the transmittal letter suggest that more than just clarifying EMTALA, CMS intends this
guidance to be reflected in hospital emergency procedures for "flexibilty" and that State inspectors and Joint Commission surveyors are "expected to keep these flexibilities in mind when assessing hospital compliance with EMTALA during a survey."
A full text PDF copy of the transmittal and fact sheet may be downloaded at www.medlaw.com/emtalaemergencyrules.pdf.
