Emergency medical treatment and active active labor

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Unformatted text preview: e participating hospitals. See case Ballachino v Anders page 229 wh/ describes allegations against Hospital and Physician 25 26 Liability by Department and Other Health Care Professionals Liability by Department and Other Health Care Professionals Emergency Medical Treatment and Active Labor Act (“EMTALA”) (“EMTALA”) Stabilized - “with respect to an emergency medical condition… to provide such medical treatment of the condition as may be necessary to assure, w/in reasonable medical probability, that no material deterioration of the condition is likely to result from or to occur during the transfer of the individual from a facility. A patient shall not be transferred from the emergency department unless: i.) patient makes a written request, ii.) physician certifies that based on information at time of transfer, benefits of expected treatment at another facility outweigh the risks of transfer, or iii.) a qualified medical person has signed a certification after a physician in consultation with the person … subsequently countersigns the certification; and the transfer is appropriate to that facility Emergency Medical Treatment and Active Active Labor Act (“EMTALA”) Failure to abide by EMTALA can result in civil monetary penalties in addition to civil civil monetary penalties in addition to civil actions actions for personal injuries 27 28 Liability by Department and Other Health Care Professionals Alabama Hospital Pays CMP Liability by Department and Other Health Care Professionals Emergency Medical Treatment and Active Active Labor Act (“EMTALA”) Hospitals receiving inappropriate transfers are required to report potential EMTALA are required to report potential EMTALA violations violations to CMS. Failure to report may lead to CMP being imposed upon the hospital receiving the patient. 11-2211-22-2010 Mobile Infirmary (MI), Alabama, agreed to pay $45,000 to resolve its liability for civil monetary penalties under the patient dumping statute. The OIG alleged that MI refused to accept an appropriate transfer to its hospital of patient in need of appropriate transfer to its hospital of a patient in need of specialized specialized capabilities available at MI. The refusal of the transfer request delayed care and treatment for a patient's gastrointestinal bleed. Two hours after the request to MI, the patient was finally transferred to another hospital approximately 60 miles away. En route, the patient's condition deteriorated and the patient had to be transported by helicopter to the receiving hospital. The patient subsequently died that day. Source: Source: DHHS OIG 29 30 5 2/22/2011 Liability by Department and Other Health Care Professionals Liability by Department and Other Health Care...
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