Failure to respond is a violation of the EMTALA.
On-call physicians may not realize their potential exposure if they fail or decline to respond to a call from the hospital’s emergency department. Failure to respond is a violation of the Emergency Treatment and Active Labor Act (“EMTALA”) that may expose the physician to a $50,000 fine and exclusion from Medicare or Medicaid as well as contract liability. It may also expose the hospital to a fine of $50,000 and a lawsuit by the relevant patient or a hospital that receives an improper transfer.
Agenda
Faculty
Kim C. Stanger
Holland & Hart LLP
- Partner in the office of Holland & Hart LLP
- Practice emphasizes all aspects of health law, including regulatory compliance, risk management, health care transactions, and defense of individual and institutional providers in administrative and civil litigation
- Frequent speaker at local, regional and national conferences for health care providers, and the principal presenter of the firm’s monthly health law webinar series
- Frequent author on health law related topics, including national publications and the firm’s regular health law alerts
- Adjunct professor, Health Law, Boise State University
- Member of the American Health Lawyers Association and the American Bar Association Health Law Section
- Best Lawyers in America—Health Law since 2011; Lawyer of the Year—Health Law, 2014
- J.D. and B.A. degrees, Brigham Young University
- Can be contacted at 208-383-3913 or [email protected]
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