EMTALA and patient transfers
Compliance Monitor, August 18, 2006
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Q: When a hospital accepts patients from other hospital inpatient settings, does the transferring facility have a responsibility to take the patients back after the procedure is complete and they are stabilized?
A: The answer to this question depends entirely on the transfer agreements that you maintain with the first hospital. Transfer agreements can specify such an arrangement as needed, however, under the new rule inpatient transfers would not be regulated by EMTALA. If however an emergency arises and the patient is transported to the hospital's ED, this would then trigger EMTALA, or at the least the requirement for appropriate care under the Medicare COP.
This question was originally published in HCPro's book A Practical Guide to EMTALA Compliance, written by Joseph Gatewood, Esq., Loren Johnson, MD, FACEP, and Ellen Arrington, RN, BSN.
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