geauxtohell
Choose your weapon.
Overturn EMTALA and federal mandates and this becomes a different discussion. But, at this point, the hospital has no choice but to treat them.
I've found myself wondering lately if the Republican FY12 budget passed in April does exactly that. EMTALA applies only to "participating hospitals," i.e. hospitals that file provider agreements with HHS agreeing to accept reimbursements from CMS for Medicare patients. That is, hospitals that agree to be part of the provider network for Medicare-the-insurer are also agreeing to the EMTALA requirements that require their emergency departments to stabilize patients without regard for ability to pay. And, indeed, part of the way they recoup loses from that is through DSH adjustments baked into Medicare reimbursements.
But the Republican budget would take the feds out of the insurance business: Medicare-as-insurer would eventually cease to exist and thus it wouldn't have a provider network (and thus no leverage by which to require hospitals to agree to EMTALA).
Granted, it wouldn't happen overnight. Their budget doesn't closing up shop at Medicare for a decade, and even then it still directly pays providers for its grandfathered-in population until they gradually die or opt out (although as the pool of Medicare beneficiaries shrinks, its provider network may well start shrinking).
So it's not really that far-fetched to consider what happens in a post-EMTALA world, given that a major political party is now on record supporting its elimination.
A good point. I never thought about it from that angle.
The party of "life" indeed.
The medical community will revolt. Everyone wants to see changes, but no one wants to be a part of a system where the poor are simply left to suffer and die because the suits in the hospital administration have to turn a profit to keep the hospital running.
As I said, the system is heading towards a meltdown. With the way things are, I am of the mind that there is going to have to be a crisis before anything meaningful gets done.
What is ironic is that many of the people who fought tooth and nail against reforms will be the ones that are screwed when the system collapses.
Also, guess what happens if we get rid of medicare/medicaid? Medical residencies lose all of their funding. That means you are basically stopping medical education in this country.
And people think there is a Doctor shortage now.