Patient Anti-Dumping Statute / Compliance Tips and Tools / EMTALA Drills - Prevent Violations and Surprise Surveys / EMTALA Drills - Prevent Violations and Surprise Surveys

Why This Topic Matters

Facilities that operate emergency departments need a workable process for identifying potential EMTALA compliance issues before they become complaints or survey findings. This article is relevant to compliance programs, internal auditing, staff training, and follow-up documentation when a review suggests a possible violation.

Article Sections

1. Overview

   Introduces the purpose of mock surveys and the role of federal interpretive guidance in identifying potential compliance concerns before outside review.

2. How to perform a self-survey

   Outlines a structured approach for an internal review and describes how the audit can be organized into separate tasks.

3. Task 1 - Gather documents

   Identifies categories of facility records that can be used to understand emergency department activity and support the audit process.

4. Task 2 - Select files

   Discusses choosing a sample of records for review and the types of patient encounters that may warrant closer examination.

5. Task 3 - Review records

   Describes which cases should be reviewed by qualified medical personnel during the internal audit process.

6. Task 4 - Interviews

   Explains the role of staff discussions in a compliance review and how interviews can help identify concerns about department operations or outside transfers.

7. What to do if you discover a problem

   Covers follow-up steps after a concern is identified, including physician review, documentation, corrective action planning, and possible disclosure considerations.