Year: 2009
Resolution Number: 106
Action Taken: Disapproved
Status:
Author(s): Meena Ramani, MD
Sponsor: Meena Ramani ,MD
On behalf of: Saginaw County Delegation
Committee: B (Legislation)
Resolved Section(s):
RESOLVED: That MSMS petition the federal government to rewrite the Emergency Medical Treatment Active Labor Act (EMTALA) to cover true emergencies with patients who come into the emergency room being triaged and evaluated and, if the issue is not an emergency, referred to a primary care physician or to other options in the community including free or reduced-fee clinics.REFERENCE COMMITTEE RATIONALE: This resolution provides an accurate description of the all too frequent misuse of the emergency department by patients that could otherwise be seen by their primary care physician in a much lower cost setting. While the Committee shares the frustration of the author, the proposed solution does not seem to reflect the full scope of the problem. EMTALA requires that a patient be stabilized, it does not require that a hospital emergency department treat colds, refill prescriptions, etc. These decisions may be economically driven for the hospital, related to patient satisfaction, or fear of liability exposure. However, it does not appear that EMTALA is the culprit, and therefore petitioning the federal government to change this law does not seem appropriate.
RESOLVED: That MSMS petition the federal government to rewrite the Emergency Medical Treatment Active Labor Act (EMTALA) to cover true emergencies with patients who come into the emergency room being triaged and evaluated and, if the issue is not an emergency, referred to a primary care physician or to other options in the community including free or reduced-fee clinics.REFERENCE COMMITTEE RATIONALE: This resolution provides an accurate description of the all too frequent misuse of the emergency department by patients that could otherwise be seen by their primary care physician in a much lower cost setting. While the Committee shares the frustration of the author, the proposed solution does not seem to reflect the full scope of the problem. EMTALA requires that a patient be stabilized, it does not require that a hospital emergency department treat colds, refill prescriptions, etc. These decisions may be economically driven for the hospital, related to patient satisfaction, or fear of liability exposure. However, it does not appear that EMTALA is the culprit, and therefore petitioning the federal government to change this law does not seem appropriate.
Fiscal Note: NULL
Resolution: View PDF for Revision of Federal Emergency Medical Treatment and Active Labor Act (EMTALA)