News & Analysis as of

Whistleblowers EMTALA

Holland & Knight LLP

EMTALA as a Basis for a Qui Tam Case?

Holland & Knight LLP on

The Emergency Medical Treatment & Labor Act (EMTALA) requires a hospital with an emergency department (ED) to provide "an appropriate medical screening examination" when an individual comes to the ED and a request is made on...more

Saul Ewing LLP

Third Circuit Clarifies Definition of “Report” in the Emergency Medical Treatment and Active Labor Act’s Whistleblower Protection...

Saul Ewing LLP on

In Gillispie v. RegionalCare Hospital Partners, Inc., No. 16-4307, 2018 WL 2926041 (3d Cir. June 12, 2018), the Third Circuit recently concluded that the plaintiff had not made a cognizable “report” within the meaning of the...more

Cozen O'Connor

Third Circuit Provides Guidance on Handling of EMTALA Whistleblower Claims

Cozen O'Connor on

Last week, the Third Circuit Court of Appeals affirmed a District Court’s grant of summary judgment in favor of a health care employer, holding that an employee failed to establish that she was retaliated against in violation...more

Proskauer - Whistleblower Defense

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

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