EMTALA physician protections pass U.S. House
Medical liability reforms that include specific protections for physicians who provide services to fulfill the requirements of the Emergency Treatment and Labor Act (EMTALA) has passed the U.S. House of Representatives.
The protections were included as an amendment offered by Reps. Charlie Dent (R-PA) and Pete Sessions (R-TX) to comprehensive liability reform bill H.R. 5, the "Protecting Access to Healthcare (PATH) Act," which passed 223-181. Also included in H.R. 5 are liability protections for physicians working in disaster situations and repeal of the Independent Payment Advisory Board (IPAB).
David Seaberg, MD, FACEP, president of the American College of Emergency Physicians (ACEP), calls the bill provisions "a critical step forward." "The legislation not only will provide liability protections for emergency physicians, but also for on-call specialists, which will help make sure they are available to emergency patients in their hour of need," he says.
H.R. 5 sets a $250,000 cap on non-economic damages in malpractice suits, limits attorney fees, and establishes other methods to rein in lawsuits. The sponsors say the bill would reduce health spending by $50 billion over 10 years. The amendment to H.R. 5, unanimously adopted, was language from H.R. 157, which is the "Health Care Safety Net Enhancement Act of 2011," introduced by Reps. Dent and Sessions. It provides limited liability protections to emergency and on-call physicians who perform the services mandated by the federal EMTALA law.
The legislation also includes another amendment offered by Rep. Cliff Stearns (R-FL) granting limited civil liability protections to health workers who volunteer at federally declared disaster sites.
Medical liability reforms that include specific protections for physicians who provide services to fulfill the requirements of the Emergency Treatment and Labor Act (EMTALA) has passed the U.S. House of Representatives.You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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