Spartanburg Medical Center Settles Alleged EMTALA Violation for $100,000
An investigation conducted by the Department of Health and Human Services Office of Inspector General (HHS-OIG) has resulted in a $100,000 settlement with South Carolina’s Spartanburg Medical Center. HHS-OIG determined that there had been a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) – otherwise known as the patient dumping statute.
Under EMTALA, hospitals that receive Medicare funding and provide emergency services must ensure public access to emergency medical services, regardless of a patient’s ability to pay. When a patient presents at an emergency department, and a request is made for an examination or treatment of an emergency medical condition, the hospital must provide a medical screening examination (MSE) and, if an emergency medical condition is confirmed, provide stabilizing treatment. The patient cannot be transferred to another facility unless the hospital lacks the capability to stabilize the patient or a transfer is requested by the patient.
HS-OIG investigated a complaint about a potential EMTALA violation involving the inappropriate transfer of a patient. The patient presented at Spartanburg Medical Center’s Emergency Department, having received emergency medical treatment at another healthcare facility 8 days previously. Spartanburg Medical Center’s Emergency Department performed the necessary MSE, and the patient was found to have a large hematoma along the left carotid artery, with foci of active bleeding. The patient also had narrowing of the oropharyngeal airway following an endarterectomy performed at the other facility.
Tests were ordered, the patient’s airway was secured, and the on-call vascular surgeon was consulted telephonically; however, the on-call surgeon did not visit the patient and provide the necessary stabilizing treatment in person. The on-call surgeon requested that the patient be transferred to the facility where he previously received treatment. HHS-OIG determined that the transfer was inappropriate, given that Spartanburg Medical Center had the capabilities to provide stabilizing treatment, and the risks of a transfer, which included airway loss, respiratory failure, stroke with permanent disability, or death, outweighed the benefits of a transfer. HHS-OIG and Spartanburg Medical Center agreed to settle the alleged EMTALA violation with a $100,000 financial penalty.
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