Failure to Provide a Medical Screening Examination Results in HHS-OIG Penalty
Two hospitals have entered into settlement agreements with the Department of Health and Human Services (HHS) Office of Inspector General (OIG) to resolve alleged violations of the Emergency Medical Treatment and Labor Act (EMTALA).
EMTALA requires Medicare-participating hospitals with emergency departments to provide a medical screening examination and stabilizing treatment for any patient, regardless of the patient’s ability to pay. Patients must not be transferred unless they have first been provided with stabilizing treatment, unless the patient requests a transfer in writing, the benefits outweigh the risks, and if the receiving hospital agrees to accept the patient. Transfers are also permitted if the hospital does not have the capabilities to stabilize the patient, in which case, the patient can be transferred to a hospital with specialized capabilities.
Cordell Memorial Hospital in Oklahoma was investigated by HHS-OIG after an alleged failure to provide a medical screening examination to a pregnant patient in active labor, who presented at the hospital on January 27, 2026. The woman arrived at the hospital in a private vehicle and was having contractions every 1-2 minutes. Staff at Cordell Memorial Hospital’s Emergency Department met the patient outside the facility and asked if the patient’s waters had broken and if there was an immediate need to push. When the patient responded in the negative to both questions, the ED staff recommended that the patient travel to an alternative facility 15 miles away.
The patient did not receive a pelvic examination, and her vital signs were not checked; therefore staff could not make an accurate determination about whether there was time to travel to the other healthcare facility or if the transfer posed a threat to the health and safety of the patient or their unborn child. The child was delivered within approximately 40 minutes of arriving at the other hospital. HHS-OIG determined that the failure to provide a medical screening examination was in violation of EMTALA, and the case was settled with a $40,000 financial penalty.
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Holmes Regional Medical Center in Melbourne, Florida, was similarly investigated over an incident involving a pregnant patient, who presented at the Emergency Department 30 weeks pregnant seeking an examination and treatment for high blood pressure. The patient was accompanied by a minor child of approximately 4-6 years of age. As the patient was completing the intake form, a security guard told the patient that the minor child was not permitted to be present in the triage area. As a result, the patient left the ED without having an appropriate medical screening examination. HHS-OIG determined that the failure to provide the MSE was in violation of EMTALA. The alleged violation was settled, with Holmes Regional Medical Center agreeing to pay a $113,407 financial penalty.
