HCFA has just released new guidelines for their carriers and state agencies
to follow in investigating and administering the COBRA/EMTALA law and this
issue is addressed directly in those guidelines. I read them today on the
ACEP web site (www.acep.org). As I understand it, EMTALA would apply to
hospitals with organized emergency departments, but also might apply to
other hospitals which provide certain acute care services, even if they
don't have an "emergency room". The law also applies if a patients seeks
care at a location at the hospital separate from the ED (they must have a
screening exam, stabilizing treatment, etc).
From: Michael Newdow <[log in to unmask]>
To: Multiple recipients of list PED-EM-L <[log in to unmask]>
Date: Wednesday, August 12, 1998 12:11 PM
Subject: Re: COBRA Question
>Daniel E. Kates, M.D. wrote:
>> > What's a "hospital that has no real ER" mean? COBRA applies to "a
>> > hospital that has a hospital emergency department."
>> This is true to an extent. COBRA applies not only to the ED, but to the
>> entire facility.
>Although Dr. Kates is correct that COBRA applies to the entire facility,
>I believe it applies to the entire facility only of hospitals that have
>hospital emergency departments.
>For more information, send mail to [log in to unmask] with the
message: info PED-EM-L
>The URL for the PED-EM-L Web Page is:
For more information, send mail to [log in to unmask] with the message: info PED-EM-L
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