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	<title>Comments on: Newest EMTALA Violation?</title>
	<atom:link href="http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/</link>
	<description>A blog from inside the emergency department</description>
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		<title>By: Painless</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-13339</link>
		<dc:creator>Painless</dc:creator>
		<pubDate>Fri, 11 Sep 2009 16:07:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-13339</guid>
		<description>After looking at their website - it sounds like they are totally bypassing the triage process. Why have someone with a degree and medical training and experience (i.e., the triage nurse) out there evaluating patients when all you really need to do (based on the website at least) is just fill out a short H&amp;P form online? Despite the potential EMTALA violation, I see this as being plain old UNSAFE. UNSAFE, UNSAFE, UNSAFE. I know I certainly wouldn&#039;t want to put my license and livelihood on the line for some computer system. No, I agree wholeheartedly. If you are willing to pay a fee in advance, go to an Urgent Care Center (Doc in the box, whatever you want to call it). Doing this at a physician’s office sounds like a GREAT idea. You aren&#039;t seen within 15 minutes of your scheduled appointment you don&#039;t pay. But an ED? How do these folks sleep at night? They don&#039;t worry about the MI who signed up online with a c/o epigastric pain and hx of GERD not showing up? Do they get to keep the $25 if the pt dies... or more accurately doesn&#039;t show up at the ED at the scheduled time for whatever reason? 
Yes, they do have a section on when to call 911. have you read that yet? Could it be any more bland or generic? There are no specifics, it all boils down to what that lay person thinks of his or her condition. Does this mean that I get to throw all of my experience and training out the window when someone from the waiting room comes up and say&#039;s they or their loved one is sicker or in more of an urgent/emergent situation than the person I triaged ahead of them? Is this now a new standard of care I need to worry about?
This is just plain not a good idea.</description>
		<content:encoded><![CDATA[<p>After looking at their website &#8211; it sounds like they are totally bypassing the triage process. Why have someone with a degree and medical training and experience (i.e., the triage nurse) out there evaluating patients when all you really need to do (based on the website at least) is just fill out a short H&amp;P form online? Despite the potential EMTALA violation, I see this as being plain old UNSAFE. UNSAFE, UNSAFE, UNSAFE. I know I certainly wouldn&#8217;t want to put my license and livelihood on the line for some computer system. No, I agree wholeheartedly. If you are willing to pay a fee in advance, go to an Urgent Care Center (Doc in the box, whatever you want to call it). Doing this at a physician’s office sounds like a GREAT idea. You aren&#8217;t seen within 15 minutes of your scheduled appointment you don&#8217;t pay. But an ED? How do these folks sleep at night? They don&#8217;t worry about the MI who signed up online with a c/o epigastric pain and hx of GERD not showing up? Do they get to keep the $25 if the pt dies&#8230; or more accurately doesn&#8217;t show up at the ED at the scheduled time for whatever reason?<br />
Yes, they do have a section on when to call 911. have you read that yet? Could it be any more bland or generic? There are no specifics, it all boils down to what that lay person thinks of his or her condition. Does this mean that I get to throw all of my experience and training out the window when someone from the waiting room comes up and say&#8217;s they or their loved one is sicker or in more of an urgent/emergent situation than the person I triaged ahead of them? Is this now a new standard of care I need to worry about?<br />
This is just plain not a good idea.</p>
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		<title>By: What?</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-9210</link>
		<dc:creator>What?</dc:creator>
		<pubDate>Tue, 23 Jun 2009 02:42:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-9210</guid>
		<description>Come on guys! The truth be told the patients using this site are NON-emergent patients.  Which EMTALA laws are intended for EMERGENT patients. If you made emergent patients wait for &quot;appointment time&quot; you would have bigger problems than EMTALA.

This site gives the patient an alternate route to seek ED care.  The non-emergent patients are coming to your ED and this site gives you the ability to control that volume.

Just a thought!  Sometimes we make EMTALA more gray than it is.</description>
		<content:encoded><![CDATA[<p>Come on guys! The truth be told the patients using this site are NON-emergent patients.  Which EMTALA laws are intended for EMERGENT patients. If you made emergent patients wait for &#8220;appointment time&#8221; you would have bigger problems than EMTALA.</p>
<p>This site gives the patient an alternate route to seek ED care.  The non-emergent patients are coming to your ED and this site gives you the ability to control that volume.</p>
<p>Just a thought!  Sometimes we make EMTALA more gray than it is.</p>
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		<title>By: Nurse K</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8788</link>
		<dc:creator>Nurse K</dc:creator>
		<pubDate>Sat, 06 Jun 2009 23:10:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8788</guid>
		<description>Anyone who presents to an emergency ROOM (or the gray-area&#039;d 250 yards from an emergency ROOM) falls under EMTALA.  Once the person shows up, they are &lt;a href=&quot;http://crasspollination.blogspot.com/2009/06/spelling-bee-wtf.html&quot; rel=&quot;nofollow&quot;&gt;E-N-T-I-T-L-E-D&lt;/a&gt; to a medical screening exam to see if an emergency condition exists whether or not they can pay for said exam.  I assume even the uninsured can pay $25 for the appt fee and then not pay the bill for the ER.  It would be patently illegal to be uninsured, pay $25, get bumped to the front of the line, then be denied a medical screening exam when they show up to the ER once the staff found out they were uninsured.</description>
		<content:encoded><![CDATA[<p>Anyone who presents to an emergency ROOM (or the gray-area&#8217;d 250 yards from an emergency ROOM) falls under EMTALA.  Once the person shows up, they are <a href="http://crasspollination.blogspot.com/2009/06/spelling-bee-wtf.html" rel="nofollow">E-N-T-I-T-L-E-D</a> to a medical screening exam to see if an emergency condition exists whether or not they can pay for said exam.  I assume even the uninsured can pay $25 for the appt fee and then not pay the bill for the ER.  It would be patently illegal to be uninsured, pay $25, get bumped to the front of the line, then be denied a medical screening exam when they show up to the ER once the staff found out they were uninsured.</p>
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		<title>By: The Happy Hospitalist</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8785</link>
		<dc:creator>The Happy Hospitalist</dc:creator>
		<pubDate>Sat, 06 Jun 2009 21:12:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8785</guid>
		<description>If a PCP tried to collect a $25 appointment fee on a Medicare patient, they would be hauled off to jail.  No questions asked.</description>
		<content:encoded><![CDATA[<p>If a PCP tried to collect a $25 appointment fee on a Medicare patient, they would be hauled off to jail.  No questions asked.</p>
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		<title>By: Liz</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8767</link>
		<dc:creator>Liz</dc:creator>
		<pubDate>Sat, 06 Jun 2009 03:25:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8767</guid>
		<description>Hey, if someone makes an appointment in advance for emergency services....doesn&#039;t that demonstrate the lack of an actual emergency?  In that case, doesn&#039;t that circumvent/negate EMTALA?

Just wonderin&#039;</description>
		<content:encoded><![CDATA[<p>Hey, if someone makes an appointment in advance for emergency services&#8230;.doesn&#8217;t that demonstrate the lack of an actual emergency?  In that case, doesn&#8217;t that circumvent/negate EMTALA?</p>
<p>Just wonderin&#8217;</p>
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		<title>By: Max Kennerly</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8761</link>
		<dc:creator>Max Kennerly</dc:creator>
		<pubDate>Sat, 06 Jun 2009 02:00:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8761</guid>
		<description>Not my area so I can&#039;t tell you specifically, though from discussions I&#039;ve had with others in that area, I&#039;d bet your problem is not with federal law, but with the hospital, which sells you out to work its own arrangement with the insurance company.

Let me add why I suspect that: I have seen few entities behave as viciously as insurance companies trying to keep everything relating to those hospital contracts confidential. Such secrecy also part of why fraud is so rampant in the nexus between health insurers and providers -- the market is about as opaque as they come in America, rich with opportunity for exploitation. If you&#039;re not doing the exploiting, you&#039;re being exploited.</description>
		<content:encoded><![CDATA[<p>Not my area so I can&#8217;t tell you specifically, though from discussions I&#8217;ve had with others in that area, I&#8217;d bet your problem is not with federal law, but with the hospital, which sells you out to work its own arrangement with the insurance company.</p>
<p>Let me add why I suspect that: I have seen few entities behave as viciously as insurance companies trying to keep everything relating to those hospital contracts confidential. Such secrecy also part of why fraud is so rampant in the nexus between health insurers and providers &#8212; the market is about as opaque as they come in America, rich with opportunity for exploitation. If you&#8217;re not doing the exploiting, you&#8217;re being exploited.</p>
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		<title>By: Nurse K</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8758</link>
		<dc:creator>Nurse K</dc:creator>
		<pubDate>Fri, 05 Jun 2009 23:12:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8758</guid>
		<description>I&#039;d have killed/bribed to work in an urgent care today.

If anyone had shown up with an &quot;appointment&quot; for allergies today, they&#039;d have sat in the lobby where they belong.  I&#039;ve never seen so many sick people in one spot in my life. Like balloon-pumped cath labbeurs, septics, tubed overdoses, florid pulmonary edema.  There were like 8 of these at once and no help. Patient after patient after patient.  Our doc tubed and lined 4 people in about an hour and a half.

&quot;The 11:15 seasonal allergy sufferer is here.&quot;  

GO TO HELL.  If that person had been bumped ahead of anyone, I&#039;d have called JCAHO, CMS, and whoever else myself.</description>
		<content:encoded><![CDATA[<p>I&#8217;d have killed/bribed to work in an urgent care today.</p>
<p>If anyone had shown up with an &#8220;appointment&#8221; for allergies today, they&#8217;d have sat in the lobby where they belong.  I&#8217;ve never seen so many sick people in one spot in my life. Like balloon-pumped cath labbeurs, septics, tubed overdoses, florid pulmonary edema.  There were like 8 of these at once and no help. Patient after patient after patient.  Our doc tubed and lined 4 people in about an hour and a half.</p>
<p>&#8220;The 11:15 seasonal allergy sufferer is here.&#8221;  </p>
<p>GO TO HELL.  If that person had been bumped ahead of anyone, I&#8217;d have called JCAHO, CMS, and whoever else myself.</p>
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		<title>By: igloodoc</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8757</link>
		<dc:creator>igloodoc</dc:creator>
		<pubDate>Fri, 05 Jun 2009 22:37:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8757</guid>
		<description>Sorry that should read &quot;the ER group could only bill and receive 20 cents&quot;. My Bad.</description>
		<content:encoded><![CDATA[<p>Sorry that should read &#8220;the ER group could only bill and receive 20 cents&#8221;. My Bad.</p>
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		<title>By: igloodoc</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8756</link>
		<dc:creator>igloodoc</dc:creator>
		<pubDate>Fri, 05 Jun 2009 22:35:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8756</guid>
		<description>Pink
  In my state, if you are in my ER, we cannot tell you if we take your insurance until we screen you. All hospitals are the same.

Let me try to explain, as I understand it (and this is not definitive because it is so frakking complicated...).

  In most places, the ER group is an independent contractor to the hospital, and responsible for negotiating its own insurance contracts separate from the hospital. Most ER groups try to take the same insurances as the hospital (and sometimes it is made a contractual requirement by the hospital ). As you can imagine, insurance companies know this and can &quot;lowball&quot; a contract with the ER group. I know of an ER group that was offered 20 cents of the Medicare dollar by a major insurance company to see their patients . So, if we saw the patient we could bill medicare/medicaid $1.00 (and they would pay about 60 cents ... another long story). The same patient with the major medical insurance coverage ... the ER group could only bill and receive 30 cents. A few to many of these contracts and the ER group goes out of business.

 If that ER group did not have a contract with the large insurance company, the company will reimburse you (personally) more (say 80+ cents) to cover our $1.00 bill sent to you personally. (Presumably they want you as a happy customer, or maybe it is part of your contract with the insurance company ... I don&#039;t know why that happens)

Add to this other variables like the medicare $1.00 (which is currency of healthcare) is going to be reduced this year, EMTALA which forces free care to increasing uninsured, increasing malpractice rates, and so on and it is getting more difficult to make ends meet in the ER, and the primary care.

(BTW Max ... I am led to understand it is federal law that the hospital and ER group cannot combine and negotiate a contract with the insurance company... is this true?)</description>
		<content:encoded><![CDATA[<p>Pink<br />
  In my state, if you are in my ER, we cannot tell you if we take your insurance until we screen you. All hospitals are the same.</p>
<p>Let me try to explain, as I understand it (and this is not definitive because it is so frakking complicated&#8230;).</p>
<p>  In most places, the ER group is an independent contractor to the hospital, and responsible for negotiating its own insurance contracts separate from the hospital. Most ER groups try to take the same insurances as the hospital (and sometimes it is made a contractual requirement by the hospital ). As you can imagine, insurance companies know this and can &#8220;lowball&#8221; a contract with the ER group. I know of an ER group that was offered 20 cents of the Medicare dollar by a major insurance company to see their patients . So, if we saw the patient we could bill medicare/medicaid $1.00 (and they would pay about 60 cents &#8230; another long story). The same patient with the major medical insurance coverage &#8230; the ER group could only bill and receive 30 cents. A few to many of these contracts and the ER group goes out of business.</p>
<p> If that ER group did not have a contract with the large insurance company, the company will reimburse you (personally) more (say 80+ cents) to cover our $1.00 bill sent to you personally. (Presumably they want you as a happy customer, or maybe it is part of your contract with the insurance company &#8230; I don&#8217;t know why that happens)</p>
<p>Add to this other variables like the medicare $1.00 (which is currency of healthcare) is going to be reduced this year, EMTALA which forces free care to increasing uninsured, increasing malpractice rates, and so on and it is getting more difficult to make ends meet in the ER, and the primary care.</p>
<p>(BTW Max &#8230; I am led to understand it is federal law that the hospital and ER group cannot combine and negotiate a contract with the insurance company&#8230; is this true?)</p>
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		<title>By: igloodoc</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/newest-emtala-violation/#comment-8755</link>
		<dc:creator>igloodoc</dc:creator>
		<pubDate>Fri, 05 Jun 2009 21:44:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2784#comment-8755</guid>
		<description>Perhaps the word &quot;nondiscriminatory&quot; is the wrong word. I can only speak to how the various regulatory agencies are enforcing EMTALA, at least in my state, and in my experience. You cannot ask ANY financial questions or ask for ANY payment before a medical screening exam is done, and an emergency condition has been ruled out.

  As to Emory, I suspect they will be receiving a visit from one of the compliance agencies shortly. Perhaps they are trying to say that filling out their form constitutes a medical screening exam, but they would be on very thin ice, if they were in my state.

 As you know, EMTALA states
&quot;the hospital must provide for an appropriate medical screening examination within the capability of the hospital’s emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition (within the meaning of subsection (e)(1) of this section) exists.&quot; 

Clearly, filling out a medical questionnaire online does not meet &quot;appropriate medical screening&quot;. I do not know of many doctors that can determine if a lady is in labor by a online questionnaire.  I very much doubt that the enforcement agencies will be sympathetic to Emory if the woman delivers at home waiting for her &quot;appointment&quot; in 4 hours.</description>
		<content:encoded><![CDATA[<p>Perhaps the word &#8220;nondiscriminatory&#8221; is the wrong word. I can only speak to how the various regulatory agencies are enforcing EMTALA, at least in my state, and in my experience. You cannot ask ANY financial questions or ask for ANY payment before a medical screening exam is done, and an emergency condition has been ruled out.</p>
<p>  As to Emory, I suspect they will be receiving a visit from one of the compliance agencies shortly. Perhaps they are trying to say that filling out their form constitutes a medical screening exam, but they would be on very thin ice, if they were in my state.</p>
<p> As you know, EMTALA states<br />
&#8220;the hospital must provide for an appropriate medical screening examination within the capability of the hospital’s emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition (within the meaning of subsection (e)(1) of this section) exists.&#8221; </p>
<p>Clearly, filling out a medical questionnaire online does not meet &#8220;appropriate medical screening&#8221;. I do not know of many doctors that can determine if a lady is in labor by a online questionnaire.  I very much doubt that the enforcement agencies will be sympathetic to Emory if the woman delivers at home waiting for her &#8220;appointment&#8221; in 4 hours.</p>
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