The Emergency Medical Treatment and Active Labor Act (EMTALA), also known as the “Patient Anti-Dumping” statute, was enacted in response to concerns that hospitals were denying care to indigent or uninsured patients, transferring them to other hospitals to avoid caring for them, or discharging them without adequate medical treatment. EMTALA compliance has become a considerable focus of healthcare compliance attorneys.
The cornerstone of any HIPAA policies and procedures program is the practice’s risk assessment, which it should perform annually or whenever a security-impacting event occurs. When crafting a HIPAA policy for a client, Jackson LLP’s attorneys begin by gathering information about the client’s existing privacy and security protocols, EMR / EHR practices, employee controls and safeguards, and PHI (protected health information) use and disclosure methods. With that information, we can preliminarily assess the practice’s risk and begin drafting policies and procedures that are congruent with the practice’s culture, needs, and risks.