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Declaring H1N1 flu a national emergency may impact the way emergency medical treatment is provided

October 24, 2:48 PMTampa Wellness ExaminerTracy Woolrich, RN HHP
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President Obama has declared the H1N1 flu a national emergency allowing for relaxation of guidelines
President Obama has declared the H1N1 flu a national emergency allowing for relaxation of guidelines
photo from morgue file with no attribution required

Today, on October 24th, President Obama Saturday declared the H1N1 flu a national emergency. This clears the way for waivers to the Emergency Medical Treatment and Active Labor Act to allow hospitals, clinics and doctor’s offices to better handle the expected surge of new patients. If granted a waiver, healthcare facilities would be freed from some regulations that guide their behavior during normal daily operations. For instance, such regulations include how and where a hospital is allowed to triage, sort and transfer patients. These waivers will allow for greater flexibility for healthcare facilities. This is only a temporary waiver of certain standard Federal requirements that may be warranted in order to enable U.S. health care facilities to implement certain emergency operations. It is felt that the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency, so therefore waivers could be allowed. The waivers authorized by the president's actions still require individual requests by the hospitals. This is important because EMTALA was established in 1986 to prevent “patient dumping” or transferring emergency patients on the basis of high anticipated diagnosis and treatment costs.

 

What is the Emergency Medical Treatment and Active Labor Act?

Under EMTALA Hospitals have three obligations. They are:

  1. Patients requesting emergency care, must receive a medical screening examination to determine whether an emergency medical condition exists. This is called “triage”. Treatment cannot be delayed to inquire about methods of payment or insurance coverage, or a patient's citizenship or legal status. The hospital may only start the process of payment inquiry and billing once the patient has been stabilized to a degree that the process will not interfere with or otherwise compromise patient care.
  2. The emergency room must treat an individual with an emergency medical condition until the condition is resolved or stabilized and the patient is able to provide self-care following discharge, or if unable, can receive needed continual care. Inpatient care provided must be at an equal level for all patients, regardless of ability to pay. Hospitals may not discharge a patient prior to stabilization if the patient's insurance is canceled or otherwise discontinues payment during course of stay.
  3.  If the hospital does not have the capability to treat the condition, the hospital must make an appropriate transfer of the patient to another hospital with such capability. This includes long term care, psychiatric and rehabilitation facilities for patients unable to provide self-care. Hospitals with specialized capabilities must accept such transfers and may not discharge a patient until the condition is resolved and the patient is able to provide self-care or is transferred to another facility.

By declaring the H1N1 flu a national emergency, Obama clears the way for waivers to the Emergency Medical Treatment and Active Labor Act to allow hospitals to treat and transfer patients quickly to appropriate facilities…or to home.

Related flu articles:

President Obama on preparing for the H1N1 resurgence

Watchful eye begins on outcomes of first Swine Flu trials

Flu shots may not be helpful and could increase risk in asthmatic children

Florida Department of health Swine flu updates

Stay well by increasing and maintaining your immune system. For ways to do that please read my other articles:


Is your desk making you sick?

Handwashing techniques

Infection control

Is it the flu or simply a cold?

Eating your way to better health

Homeopathic answer to the flu

Vitamin C the Cold season wonder vitamin


Healthy Blessings,


Tracy Lynn

 

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