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New EMTALA Regulations
The Emergency Medical Treatment and Labor Act (EMTALA), which imposes requirements on hospitals with emergency departments to screen and stabilize anyone who comes to the emergency department seeking treatment, can provide the basis for a private civil action against the hospital if a person is injured by the hospital's violation of its requirements. See 42 U.S.C. ' 1395dd. New regulations clarifying hospitals' obligations under EMTALA went into effect November 10, providing new guidance on how the federal agency charged with enforcing the statute interprets its terms. See 68 Fed. Reg. 53222 (9/9/03), amending 42 C.F.R. '' 489.24, 413.65(g), and 482.12. (The newly defined terms discussed in this article are all in ' 489.24(b).)
Enacted in 1985 as Pub.L. 99-272, ' 9121, EMTALA was Congress' answer to a perceived problem of some hospital emergency departments' transferring medically unstable individuals to other facilities, either because the patients were indigent or because what health care coverage they had was limited to other hospitals. The statute requires hospitals that participate in Medicare and have an emergency department to medically screen anyone who “comes to the emergency department” seeking treatment for a medical condition to determine whether an “emergency medical condition” exists. If it does, the hospital must either stabilize the patient's condition or arrange for a transfer; however, the hospital may only transfer the patient if the medical benefits of the transfer outweigh the risks, or if the patient requests the transfer.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.