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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).

Software For Compliance OfficersEMTALA 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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Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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