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Hospitals Healthcare Facilities Emergency Rooms

Nossaman LLP

EMTALA and Emergency Stabilization: Implications for Hospitals and Medical Staffs Highlighted by a Recent Medical Malpractice Case

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The ongoing case Jhumra v. Orange County Global Medical Center (OCGMC) stems from an alleged delay in care and serves as a stark reminder of the legal obligations for hospitals and medical staffs under the Emergency Medical...more

Holland & Hart LLP

CMS Updates EMTALA Signage for Hospitals

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On August 13, 2024, the Centers for Medicare and Medicaid Services (CMS) and its Center for Clinical Standards and Quality / Quality, Safety & Oversight Group issued its memorandum QSO-24-17-EMTALA (the “Memorandum”),...more

McDermott Will & Schulte

CMS Recommends That Hospitals Adopt Updated EMTALA Signage

The Centers for Medicare and Medicaid Services (CMS) recently announced the release of updated model signage for use by Medicare-participating hospitals to inform patients of their rights under the Emergency Medical Treatment...more

Sheppard Mullin Richter & Hampton LLP

EMTALA: In the Spotlight

Almost 40 years after its passing, the Emergency Medical Treatment and Active Labor Act (EMTALA) remains not only a key consideration for hospitals with emergency departments, but also a significant federal enforcement...more

Holland & Knight LLP

Tennessee Passes Legislation to Modify the State's Certificate of Need Rules

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Tennessee Gov. Bill Lee signed legislation into law on May 21, 2024, that modifies Tennessee's certificate of need (CON) requirements. The law makes several changes to the existing CON law, including exempting more healthcare...more

Robinson+Cole Health Law Diagnosis

Connecticut Governor Signs Bill Requiring Hospitals to Submit Reports on Policy Proposals Related to Emergency Department Crowding

On May 9, 2024, Connecticut Governor Ned Lamont signed into law Public Act No. 24-4, “An Act Concerning Emergency Department Crowding,” (The Act). The Act requires all Connecticut hospitals with an emergency department to, no...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - September 8th, Waltham, MA

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education that covers a wide variety of current and emerging...more

Health Care Compliance Association (HCCA)

Compliance Today - March 2023. EMTALA confusion: Clinically stable, stable for transfer, and stabilized

The terms clinically stable and stable for transfer are frequently used by and familiar to emergency department and hospital staff. When it comes to compliance with the Emergency Medical Treatment and Labor Act (EMTALA) in...more

Katten Muchin Rosenman LLP

6 Best Practices for Designing and Implementing Patient Safety Evaluation System (PSES) Policies in Order to Maximize Privilege...

The federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) established a voluntary reporting system for licensed health care facilities and professionals designed to "enhance the data available to assess and...more

Fox Rothschild LLP

The No Surprises Act Is Here: What Does It Require?

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The federal No Surprises Act went into effect on January 1, 2022. The Act is aimed at reducing “surprise bills” to patients in the context of services provided at hospitals and ambulatory surgical centers, and includes...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 8, October 2020

Attorney General William P. Barr Announces Publication of Cryptocurrency Enforcement Framework - "The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the...more

Amundsen Davis LLC

Hospital Guidance For Meeting EMTALA Requirements In Light Of COVID-19

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The Emergency Medical Treatment and Labor Act (EMTALA) ensures public access to emergency medical services regardless of ability to pay. EMTALA requires Medicare-participating hospitals with emergency departments (EDs) to, at...more

Cozen O'Connor

HHS Issues EMTALA Waivers As a Result of the COVID-19 Pandemic

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On March 13, 2020, the Secretary of the U.S. Department of Health And Human Services (HHS) issued a series of waivers pursuant to Section 1135 of the Social Security Act, following President Trump’s declaration that the...more

Bricker Graydon LLP

COVID-19 Update: HHS issues EMTALA waiver for actions necessitated by COVID-19

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On March 13, 2020, following President Trump’s declaration of a national emergency due to the COVID-19 (coronavirus) pandemic, the Secretary of Health and Human Services (HHS) issued, among others, the following Emergency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stafford Act and Possible Waivers

President Trump declared a National Emergency under the Stafford Act on March 13, 2020. This allows the Department of Health and Human Services (HHS) to waive certain Medicare and Medicaid requirements, giving hospitals and...more

Arnall Golden Gregory LLP

Novel Coronavirus: EMTALA Compliance for Hospitals with Dedicated Emergency Departments

Novel coronavirus (“2019-nCoV”, also known as “SARS-CoV-2”) and the disease it causes – “coronavirus disease 2019” (abbreviated as “COVID-19”) has garnered significant public attention since being declared a Public Health...more

Sheppard Mullin Richter & Hampton LLP

Surprise Billing Initiatives Face Not-So-Surprising Resistance

“Surprise billing,” also known as “balance billing,” is one of few areas that garners bipartisan support. Surprise billing occurs when a patient inadvertently goes out of his or her insurer’s network, resulting in a “surprise...more

Epstein Becker & Green

CMS Releases Draft Guidance on Shared Space Arrangements

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The Centers for Medicare & Medicaid Services (“CMS”) recently released draft guidance for state survey agencies regarding shared space and co-location arrangements between hospitals and other hospitals or health care...more

Sheppard Mullin Richter & Hampton LLP

CMS Issues Long-Awaited Draft Guidance for Hospital Co-Location with Other Hospitals or Healthcare Facilities

On May 3, 2019, the Centers for Medicare and Medicaid Services (“CMS”) released long-awaited draft guidance (the “Guidance”), proposing to allow hospitals to co-locate with other hospitals or healthcare facilities in certain...more

Best Best & Krieger LLP

City’s Ordinance Upheld - BB&K Team Represented City of San Clemente in Hospital Ordinance Challenge

A team of Best Best & Krieger LLP attorneys represented the City of San Clemente in the successful defense of a City ordinance that ensures operations for a much-needed hospital....more

Poyner Spruill LLP

Recommended 2019 SMFP Need Determinations and CON Application Filing Schedules

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On October 4, 2018, the State Health Coordinating Council (SHCC) met to make its final recommendations for the proposed need determinations in the 2019 State Medical Facilities Plan (SMFP). Those recommendations, which are...more

Williams Mullen

North Carolina State Health Coordinating Council Votes on Proposed 2019 State Medical Facilities Plan

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On October 3, 2018, North Carolina’s health planning body, the State Health Coordinating Council (SHCC), met in Raleigh to finalize its work on the document that will define health care opportunities in North Carolina for the...more

Bricker Graydon LLP

Extended mental health care in the ED: What’s a facility to do?

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Unless he or she needs medical care, a patient with a mental health issue can only be involuntarily held in a hospital emergency department for 72 hours. At the end of that interval, the patient must either be admitted to a...more

Bradley Arant Boult Cummings LLP

What Exactly Is a Hospital, Anyway? CMS Issues Guidance on “Primarily Engaged” Medicare Certification Requirement

The rules that govern participation in the Medicare program are notoriously voluminous and complex. Indeed, courts have described them as akin to a “[body of] law written by James Joyce and edited by E.E. Cummings” and “among...more

Sheppard Mullin Richter & Hampton LLP

The Opportunities and Challenges of Freestanding Emergency Departments

Following our blog post regarding the retail clinic movement, “Patient Check-Ups Before Checking Out: Partnering to Bring Health Care into the ‘One-Stop Shopping’ Sector” (April 19, 2017), we continue our examination of...more

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