Patient Dumping free essay sample

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 refuse to treat or transfer patients who cannot pay for medical services. Reference: Anti-dumping law flashes a yellow light on emergency cases patient dumping Healthcare Financial Management, March, 1991 by Lawrence A. Laddaga, Jeffrey A. Haynes If you work in a hospital that provides emergency services—whether or not you work in the ED—you must be familiar with the laws that prohibit patient dumping. Patient dumping happens when a medically unstable patient is transferred or discharged for financial reasons. In 1986, in response to widely publicized dumping incidents, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA), sometimes referred to as COBRA since it was part of the year’s Consolidated Omnibus Budget Reconciliation Act. 1 An institution that violates COBRA may be subject to serious penalties such as injunctions, fines, civil damages, and even the loss of Medicare and Medicaid funding. We will write a custom essay sample on Patient Dumping or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Section: National News The 9th U. S. Circuit Court of Appeals has ruled that a patient need not be in a hospital or hospital-owned ambulance before being covered by the Emergency Medical Treatment and Active Labor Act (EMTALA), also known as the patient anti-dumping law. Under earlier interpretations, for a case to fall under EMTALA a patient either had to be at the emergency room or in an ambulance belonging to the hospital to which they were being taken in order to be assured they would not be diverted to another hospital. But the appeals court ruled that any patient in any ambulance that arrives at a hospital that is not in diversionary status must be treated. That definition differs from the Health Care Financing Administration (HCFA) regulations that define the term to mean a patient is on hospital property or is in a hospital-owned ambulance, said Janet Richmond, an attorney for the California Healthcare Association. The decision provides a court interpretation defining comes to the hospital. Richmond also said the decision includes communication from any ambulance with the hospital.