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EMTALA – General Considerations and Receiving Hospital Obligations
Presented By: Chris Eades, Attorney – Hall Render Advisory Services
Learning Objectives:
- Appreciate the genesis of EMTALA and understand the basic regulatory framework attendant to same;
- Distinguish the legal obligations of receiving hospitals (from transferring facilities) and understand the implications for non-compliance with these obligations; and
- Consider and apply best practices to ensure receiving hospital are in a position to evidence compliance with their EMTALA obligations.
Chris Eades focuses his practice in the areas of virtual care and medical staff governance. With respect to the latter, Chris regularly counsels clients on matters involving medical staff credentialing and peer review, as well as interpretation and application of hospital and professional licensure rules, Medicare conditions of participation, accreditation standards, and medical staff governing documents. He is engaged by the firm’s clients to assist with the drafting and implementation of medical staff bylaws, credentialing policies, rules and regulations, peer review sharing arrangements, FPPE/OPPE processes and other medical staff policies and procedures. Peer review confidentiality and peer review immunity are critical to effective hospital and medical staff quality review. Chris frequently represents hospitals and other health care entities in the context of medical staff quality review and corrective action processes, fair hearings and related litigation, assisting these clients to maximize the intended benefit of peer review confidentiality and to achieve state and federal peer review immunity.
As part of his virtual care practice, Chris regularly works with health care entities and providers throughout the country, and also in other areas of the world, to develop and implement virtual care programs. There is wide variability among jurisdictions in their approach to telehealth and telemedicine. Chris assists the firm’s clients to navigate this variability and to understand and appropriately apply the relevant telemedicine rules and regulations, particularly those involving the professional practice of virtual care. These matters routinely involve professional licensure requirements, delegated credentialing agreements, scope of practice considerations, informed consent for telemedicine services, related recordkeeping requirements, telemedicine prescription requirements and other aspects of virtual care workflow. Chris enjoys speaking at conferences and events throughout the year on aspects of virtual care, particularly as the applicable regulatory framework continues to evolve in response to the wealth of potential made possible through telemedicine technology.