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Emergency Medical Condition Case Study

Decent Essays

The main issue is whether the CAO correctly denied the Appellant’s MA benefits because he is an unqualified non-citizen that does not have an emergency medical condition. In issuing an administrative determination of this issue, the undersigned ALJ reviewed the Regulations governing the MA program as well as applicable case law. The Department’s Regulations define an “Emergency Medical Condition” as: A medical condition…manifesting itself by acute symptoms of sufficient severity including severe pain so that the absence of immediate medical attention could reasonably be expected to result in one of the following: (i) Placing the patient’s health in serious jeopardy. (ii) Serious impairment to bodily functions. (iii) Serious dysfunction of …show more content…

Code § 150.11. Additionally, the Pennsylvania Commonwealth Court has held that when determining whether a condition qualifies as an emergency medical condition, the focus must be on the term “acute.” See Spring Creek Mgmt., L.P. v. Dep't of Pub. Welfare, 45 A.3d 474, 482 (Pa. Cmwlth. 2012). Thus, to qualify “the emergency medical condition must manifest itself through acute symptoms, and the treatment for the emergency medical condition must be immediately necessary to prevent the three statutory …show more content…

In this case, the Appellant’s Representative provided documentary evidence to show that a doctor determined a medical emergency existed, for the Appellant, from September 24, 2015 through December 31, 2015, on an Emergency Medical Condition Verification (EMA) Form, dated 11/18/15. (Exhibit A-8) This form indicates that severe damage could occur to the heart if treatment was not received and provides a beginning and ending date for which the estimated treatment of the Appellant’s “new onset of atrial flutter” will last. Based, on this form surgery was required in order to prevent further damage to the Appellant’s heart. In cases where an EMC could exist, the CAO decides if an emergency medical condition exists or they can decide that the case will be sent to OMAP for further review and to make an eligibility determination. (Exhibit B-1) In this case, the CAO determined that the case should be sent to the OMAP for review. After review, OMAP determined that the medical record did not contain sufficient evidence to determine an emergency medical

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