Question

Part 3 B.

Discuss the provisions for EMTALA and ERISA.

Answer 1

THE PROVISIONS OF EMTALA ARE AS FOLLOWS:-

- It prevents hospitals from uninsured or medical-aid patients to public hospitals.

- It is the law that prevents discrimination in the emergency department to treat and screen patients irrespective of ability to pay, insurance status, origin, race, creed and colour.

- It enables and encourages the community to test innovation in emergency care system design.

THE PROVISIONS OF ERISA ARE AS FOLLOWS:-

- It provides the plan information to the participants including important information about features and funding about the plan.

- It sets a minimum standard for participation, benefit accrual, vesting and funding.

- It provides guidance responsibilities or people who control and manage assets of the plan.

- It establishes a grievance appeal process for participants to get benefits from plans.

- It provides the right to sue for benefits and to breach guidance duty.