Risk Management in Nursing and

Based on your research, identify the risks for a hospital that receives Medicare funding and fails to accept a patient who enters through its emergency department needing emergency care.

Pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) (Public Law No. 99-272) section entitled Emergency Medical Treatment and Active Labor Act (EMTALA), hospitals receiving Medicare (and other federal funds) that fail to accept a patient in its emergency department are liable for civil penalties as well as civil liability in legal actions filed by the patient who was refused medical services (Reid, 2009).

Briefly discuss a risk management strategy that would protect the health of the patient.

One particular risk-management strategy that has been a focus of considerable attention recently relates to the adherence to aseptic protocols, especially in connection with specific procedures that have been identified as causing an unacceptably high incidence of nosocomial infections (Hoffman, 2005; Reid, 2009). In that regard, the Centers for Medicare and Medicaid Services (CMS) suspended reimbursement for the treatment of such infections arising from urinary catheterization, expressly because of the degree of fault attributable to the failure of hospital personnel to adhere to best practices and aseptic protocols (Reid, 2009).

As a result, many healthcare organizations have implemented much stricter enforcement of simple rules such as mandatory glove changes and hand-washing to reduce the incidence of preventable infections. Likewise, many hospitals have installed hand sanitizer dispensers in all patient rooms as well as rules requiring all personnel to use them before entering patient rooms (Reid, 2009).


Hoffman P.B. “Accountability for Nosocomial Infections.” Healthcare Executive. Health Administration Press. 2005. Retrieved January 19, 2011 from HighBeam Research:

Kutkat, L. (2004). The HIPAA Privacy Rule and Research. Retrieved January 19, 2011

Reid, T. (2009). The Healing of America: A Global Quest for Better,.

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