Patient Dumping

977 WordsAug 5, 20094 Pages
Ariane Lea Tiani HSMG 477 Research Paper Patient’s Dumping: Abandonment Federal Violation Law Raised since 1985 and even more to generate the Emergency Medical Treatment and Active Labor Act (EMTALA) by Congress in remedy to its torts, patient dumping still appear to be an issue in our society today. In fact, patient dumping occurs when hospitals deny treatment to emergency patients -- often because those patients can't pay. As Patient dumping is the practice of refusing to treat patients who cannot pay for healthcare services. Federal anti-dumping law, initiated by Congress as part of the Consolidated Omnibus Budget Reconciliation Act of 1985, was designed to reverse a disturbing trend among hospital emergency rooms that either…show more content…
The Arrington family brought the suit against a hospital, a physician, and the EMS providers involved, when the patient died after being diverted to a hospital farther away than the one to which the ambulance drivers intended to take him. The trial court dismissed the plaintiffs' complaint, but the appeals court reversed the judgment and reinstated the lawsuit, holding that an EMTALA violation by the hospital may have occurred. "Central to the court's conclusion was that the EMTALA administrative regulations, promulgated by the Department of Health and Human Services, permit a hospital to divert an ambulance by radio only when the hospital is officially in diversionary status," said Wolfberg. "For EMTALA purposes, 'diversionary status' means that the hospital lacks the 'staff or facilities to accept any additional emergency patients.' The hospital acknowledged that it was not on diversionary status at the time. The decision expands the HCFA rule and subjects the hospital to the EMTALA rule." Mike Williams, president, The ABARIS Group, a consulting firm specializing in EMS cases, said the case was not decided on the facts because there was no original trial. He said the circuit court remanded the case to the district court in Hawaii, where the suit was filed. The
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