EMTALA Review The Emergency Medical Treatment and Labor Act (EMTALA) is mandated by the federal government. Under EMTALA, all Medicare-participating hospitals are required to examine anyone requesting emergency services regardless of their ability to pay or method of payment. A hospital also must attempt to stabilize the patient by examining or treating them within the hospital's capabilities or must transfer the patient to an appropriate hospital for treatment.
At the request of the federal review officer, WVMI performs two kinds of reviews to determine compliance with EMTALA. The five-day review seeks WVMI’s medical expertise as to whether the patient was adequately screened, examined and treated.
If the Office of Inspector General discovers an EMTLA violation, the OIG can decide to impose a fine to exclude a physician. But before the OIG can impose a fine, WVMI is required to do a 60-day review.