Patient Dumping — a statutorily imposed liability that occurs when a hospital capable of providing the necessary medical care transfers a patient to another facility or simply turns the patient away because of the patient's inability to pay for services.
A prime example of patient dumping is when a patient is discharged early or before the condition has been stabilized. It can occur if you are turned away from the facility when in need of emergency care or if you are transferred to another hospital even though your needs can be met at the one where you first arrived.
Referred to as the "anti-dumping" law, it was designed to prevent hospitals from transferring uninsured or Medicaid patients to public hospitals without, at a minimum, providing a medical screening examination to ensure they were stable for transfer.
EMTALA is also commonly referred to as the "patient anti-dumping law" and it defines the obligations of a Medicare participating hospital when a patient presents seeking medical care in a dedication emergency department or a patient seeking emergency medical care on "hospital property".
No matter where you transfer, communication and preparation are the two most important factors to consider. Communication leads to collaboration; you need your patient's help to make a transfer that's safe for both of you.
Options for Discharge:Home. Many people are able to return directly to their home, especially if they have family or friends available to provide any needed assistance. ... Convalescent Care. ... Rehabilitation. ... Long-Term Care. ... Hospice/Palliative Care.
Refusing a Proposed Discharge If you are unhappy with a proposed discharge placement, explain your concerns to the hospital staff, in writing if possible. Ask to speak with the hospital Risk Manager and let them know you are unhappy with your discharge plan.
Transfers (Transferring a patient without copies of the medical record, including imaging, is an EMTALA violation.) Correspondingly, the law mandates that the receiving hospital accept the patient, as long as it has the appropriate resources to care for the patient.
Emergency Medical Treatment and Active Labor Act.
A patient is being seen in the emergency department and is admitted to the hospital as an inpatient. Once the patient is admitted, EMTALA continues to apply until the patient is stabilized. You just studied 12 terms!
the Emergency Medical Treatment & Labor ActIn 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay.
EMTALA—whose basic requirements are posted on the walls of every hospital ED—is widely credited with sharply reducing the number of cases of hospitals dumping or avoiding uninsured or underinsured patients.