EMTALA

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FAQ: When can we send a patient to another hospital by private vehicle under EMTALA?16 December 2011

Under EMTALA transfers are any time the patient leaves the facility unless they are deceased or leave without permission. EMTALA cases often arise when the patient is moved, sent, or transferred to another hospital for either a higher level of care or for testing or care not available at the sending facility by private vehicle.

EMTALA Appropriate Transfer Elements

A medically appropriate transport under EMTALA is one where: there is a valid transfer certification; there is advanced acceptance; the patient consents; transport is by appropriate medical vehicle; there are appropriate medical personnel in attendance; there is appropriate life support equipment; and the medical record is sent with the patient.

Private Autos Don’t Hack It

If you do get the signed refusal, remember that you must comply with all of the other elements of an appropriate transfer.

Private vehicle movement is always a risk, so make sure that you have warned the patient against any delays or diversions in the trip and pay attention to documenting every element of compliance.

As a last caution, transferring pregnant women by private vehicles is a recipe for disaster.

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