THE MEDICAL SCREENING EXAMINATION
EMTALA states:
In the case of a hospital that has a hospital emergency department, if any individual… comes to the emergency department and a request is made… for examination or treatment for a medical condition, the hospital must provide 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 if an emergency medical condition exists (5).
Furthermore, the law prohibits any participating hospital from delaying such screening examination or further care “in order to inquire about the individual's method of payment or insurance status” (5). Recent HCFA rulings have stated that it is acceptable to obtain basic demographic information on patients prior to the MSE, even information on insurance status; however, calls for insurance verification or authorization for treatment are not included, and such information gathering should not unduly delay the MSE. Thus, requirements of EMTALA conflict with those of many managed care plans, with their emphasis on preauthorization of services, and can create significant challenges for emergency departments (EDs) trying to ensure payment for services while at the same time not wanting to run afoul of federal law. Despite managed care dictums, emergency medical care should never be delayed to wait for authorization—whether authorization for initial evaluation, for advanced tests such as computed tomography (CT) scans, for specialist consultation, or for admission, all of which can be considered part of the MSE in terms of EMTALA.
Which patients are covered by this law? The term “any individual” means just that: any person who presents for care of an EMC, regardless of whether that person is a Medicare patient or even a US citizen. Although the law was initially aimed at the protection of the indigent, it applies even to those with excellent insurance. In fact, the one Supreme Court case heard on EMTALA found that no improper financial motive must be proved to find a hospital in violation of EMTALA (6). The law applies until a qualified medical professional certifies that the person does not have an EMC or until the person's condition is “stabilized,” as defined by the statute (Tables Tables11 and 22). As far as EMTALA and the federal courts are concerned, “EMC” and “stabilized” are now legally defined and not terms to be defined by a series of expert witnesses, as in civil malpractice cases. Therefore, virtually any person presenting for care in the ED should have an MSE, along with the appropriate documentation noting whether an EMC exists.