Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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 federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.