The Office of the Inspector General (OIG) of the Health Care Financing Administration (HCFA) publishes a semiannual report on its activities. The following are the enforcement actions under EMTALA from recent reports.
April 1999 to September 1999
- A Tennessee emergency room physician agreed to pay $15,000 to resolve
one dumping allegation. The incident involved the inappropriate transfer of
a gunshot victim to a trauma center approximately 30 miles away. The
patient was thought to be stabilized; however, immediately prior to transfer
the patient began to bleed heavily. Nonetheless, the physician transferred
the patient by ambulance but without blood, even though blood was
available and the patient had been prepped to receive blood. Shortly after
arriving at the trauma center, the patient died from blood loss and a heart
attack.
- An Illinois hospital paid $50,000 to resolve dumping allegations that six
patients did not receive appropriate medical screening examinations. In five
of the cases, the hospital was denied prior payment authorization by the
individuals´ managed care organizations. Four of these patients, children
aged 4-12, were triaged and advised to see a physician in the morning. The
fifth was an 84-year old who was only triaged. In the sixth case, the
emergency room physician instructed the patient to go to an urgent care
center for treatment.
- A New York obstetrician/gynecologist (OB/GYN) agreed to pay $45,000
and attend and complete training on the requirements of, and the physician
obligations under, the Patient Anti-Dumping Statute. This physician
allegedly failed to come to the hospital, examine and treat a 19-year old
uninsured pregnant patient in active labor. In addition, the OB/GYN
refused to admit the patient and requested that the patient´s boyfriend drive
her to another hospital rather than arrange for an appropriate transfer.
- A hospital in Kansas paid $148,000 to resolve dumping allegations that
involved four burn victims. In one incident, the hospital failed to provide an
appropriate transfer for a patient. The remaining three incidents involved
the hospital´s failure to accept patients who needed the hospital´s specialized
capabilities or facilities. Three of the four patients had out-of-state
Medicaid insurance coverage.
- A Maryland hospital resolved a dumping allegation by paying $35,000
because it failed to respond to a request made for treatment of a man who
collapsed outside the hospital but on hospital grounds. The man had come
to the hospital with family members but went outside because he was not
feeling well. After the emergency room denied two requests for assistance
made by hospital security guards, a security guard was able to obtain the
assistance of a doctor and other hospital personnel. The man could not be
resuscitated and died.
October 1999 to March 2000
Between October 1, 1999 and March 31, 2000, OIG collected $643,500 in settlement
amounts from 24 hospitals and physicians. The following is a sampling of the alleged
violations involved in the FY 2000 Patient Anti-Dumping Statute settlements from this
reporting period.
- A small Indiana psychiatric hospital paid $30,000 to settle allegations that it
failed to provide appropriate medical screenings and transfers for two
patients. One of the patients had a clear emergency medical condition, but
was not screened or treated because he was not able to come up with a
$2,000 down payment for medical services.
- In Maryland, a small hospital settled allegations that it failed to provide
appropriate medical screening examinations in a number of cases where
only the patients´ vital signs were taken before they were discharged. The
patients´ primary care providers had been called for payment authorization,
and such authorization was denied. One patient had been kicked in the face
and presented with jaw pain, missing teeth and bleeding; another patient
was having difficulty breathing and sleeping, and had been vomiting. The
hospital settled for $60,000.
- After a hearing, an administrative law judge imposed a $25,000 CMP on an
Oklahoma hospital which refused to accept the appropriate transfer of a
patient who had been critically injured in an automobile accident and
required emergency vascular surgery. The transferring hospital did not have
the specialized capabilities or facilities that were required to treat the life
threatening injury to the patient´s abdominal aorta. After numerous calls to
hospital emergency rooms and physicians, the patient was transferred to a
hospital where surgery was performed in an attempt to save his life. The
patient, however, died from his injuries and their aftereffects. The
Oklahoma hospital has filed an appeal with the Departmental Appeals
Board.
- In order to resolve allegations that it failed to provide appropriate medical
screenings for several individuals, a California hospital paid $67,000 in
penalties. In one case, a patient was asked to pay for services prior to being
treated. In others, managed care companies denied payment authorization
and/or patients were instructed to see their doctors or go to a clinic instead
of being seen at the hospital. Patients presented to the hospital with
conditions including multiple dog bites and pneumonia.
- A small Arkansas hospital settled an allegation that it failed to provide a
1-year old patient a medical screening examination by paying $15,000. The
infant presented with a high fever and earache, and exhibited extreme
discomfort when held. Two days later she was diagnosed at another
hospital with bacterial meningitis. She is permanently deaf.
- A California emergency physician agreed to pay $6,000 as he allegedly
inappropriately transferred a patient with a suspected intercranial bleed.
Although the physician provided the patient with a screening examination
after being informed the patient´s MCO had denied treatment, the patient
was nonetheless inappropriately transferred in an unstable condition.
- A hospital in Florida settled, for $35,000, an allegation that it failed to
medically screen a patient with new onset of diabetes mellitus. The hospital
allegedly refused treatment when the patient indicated he could not make a
requested deposit and, instead, referred him to a clinic or the health
department for treatment the next day. Upon leaving that hospital, however,
the patient immediately presented to another hospital where he was admitted
and discharged 3 days later.
- An Oregon hospital paid $125,000 to settle allegations that it failed to
provide several patients with appropriate medical screening examinations.
The patients´ MCOs denied payment authorization for treatment. In one
instance, a patient presented to the emergency room complaining that he
could not move the right side of his face. Another instance concerned a
5-year old who presented with a stomachache of several days duration. The
next day a pediatrician saw this child and immediately sent him to surgery
for a ruptured appendix. Also, in another instance, a pregnant patient who
had sharp abdominal pain went by car to another facility, without being
medically screened, apparently because of insurance concerns.
April 2000 to September 2000
Between April 1, 2000 and September 30, 2000, OIG collected $535,750 in settlement
amounts from 24 hospitals and physicians. The following is a sampling of the alleged
violations involved in the FY 2000 Patient Anti-Dumping Statute settlements from this
reporting period.
- A Georgia emergency physician agreed to pay $22,500 for an allegation that
he failed to provide an appropriate medical screening examination and
treatment for a woman who came to the emergency room with an ectopic
pregnancy.
- A hospital in California settled for $70,000 allegations that it failed to
provide appropriate medical screening examinations to seven individuals.
Five of these individuals were 1-year old or younger and one of the babies
was admitted for treatment at another hospital. In one instance, treatment
ceased because the patient’s HMO denied prior authorization for payment of
services provided at that hospital. In five other instances, financial inquiries
were completed, but no appropriate medical screening was done.
- An Oklahoma hospital settled for $18,250 an allegation that it refused to
accept the appropriate transfer of a patient who had been critically injured in
an automobile accident and required emergency vascular surgery. The
transferring hospital did not have the specialized capabilities or facilities
that were required to treat the life-threatening injury to the patient’s
abdominal aorta. After numerous calls to hospital emergency rooms and
physicians, the patient was eventually transferred to a hospital where
surgery was performed in an unsuccessful attempt to save his life.
- A small Illinois hospital agreed to pay $60,000 to resolve allegations that it
failed to provide appropriate medical screenings to three individuals who
presented for treatment at the emergency room. This settlement resolved
two separate investigations for alleged patient dumping.
- A California hospital paid $61,000 to settle allegations that it failed to
provide appropriate medical screening examinations to six patients. Five of
these patients presented with significant medical issues which needed
prompt attention, according to the California peer review organization.
Instead, the patients were required to wait significant periods of time (up to
4 hours) and ultimately left the hospital without being screened or treated.
The sixth case involved a sick child who was not medically evaluated
because his insurance plan denied payment authorization. Instead, his
mother was directed to take him to another hospital.
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