How Does SANE Fit With EMTALA?

SANE (Sexual Assault Nurse Examiner) programs have spread across the country to reduce the trauma from sexual assault, gather evidence to help prosecute sexually violent individuals, and provide support for the victims of sexual assault. Questions I have received from several hospitals recently, however, indicate that many hospitals are not aware of how the SANE … Read more

Critical Access hospital fined $20,000 for transfer of orthopedic patient.

An alleged failure to call in an on-call orthopedic surgeon and an apparent disagreement on what constitutes “Trauma” for transfer to a Trauma Center ultimately was resolved with $20,000 Office of Inspector General (OIG) settlement on charges against a Critical Access (fewer than 25 beds) hospital in Tennessee (December 2014). Maximum fines for violations by … Read more

Massachusetts District Court rules hospital complied with EMTALA transfer rules

Federal district court judge DJ Hellman has thrown out EMTALA allegations against Milford Regional Medical Center in Massachusetts on pretrial motions for summary judgment filed by the hospital. Case facts: Plaintiff alleges that on October 19, 2009 she presented to the hospital via ambulance complaining of severe pain in her abdomen and shooting pains in … Read more

EMTALA From A Doctor’s Office?

When Theresa Penn experienced crushing chest pain, she went to her family physician’s clinic in her home town.  He diagnosed ACS and AMI and attempted to arrange a direct admit to a cardiologist at the nearest hospital.  The on-call cardiologist refsued the case because the intensive care unit was full, so the physician sent the … Read more