HHS-OIG Agrees $49,000 Settlement with North Carolina Hospital to Resolve Alleged EMTALA Violation
The Department of Health and Human Services Office of Inspector General (HHS-OIG) has agreed to a settlement with UNC Health Chatham Hospital that resolves an alleged violation of the Emergency Medical Treatment and Labor Act (EMTALA).
EMTALA was enacted in 1986 to ensure public access to emergency services regardless of an individual’s ability to pay, and EMTALA applies to all hospitals that offer emergency services through a dedicated department. There are also specific obligations for hospitals that participate in Medicare and offer emergency services, including the requirement to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition. Organizations found to have violated EMTALA can face stiff financial penalties and, potentially, exclusion from federally funded healthcare programs.
On January 16, 2022, a 62-year-old patient presented to Chatham’s Emergency Department (ED) via emergency medical services (EMS). Before arriving at the hospital, EMS called in a report about the patient’s condition to the ED and was told that a cardiologist was not available, and the ED could not manage the patient.
EMS proceeded to take the patient to Chatham’s ED and was met in the ambulance bay by a nursing employee, who spoke to the EMS staff and the ambulance left without the patient receiving an MSE. HHS-OIG determined that Chatham violated EMTALA by failing to provide an appropriate EMS, within the capabilities of its staff and facilities. Under the terms of the settlement, Chatham agreed to pay a $49,000 penalty.
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