A Tennessee hospital settled an Office of Inspector General (OIG) action for Civil Monetary Penalty (fine) for $40,000 in January 2015 on allegations stemming from a 2011 citation against the hospital for an alleged “patient dumping” violation. In reaching the settlement, the hospital did not admit any wrong-doing.
The incident reportedly stems from an incident in which a patient presented to emergency department after drinking a bottle of anti-freeze. The hospital determined that the man required treatment in an intensive care unit, but rather than admitting the patient to the available beds in their own ICU, transferred the patient to another hospital allegedly because the hospital was not a participant in the man’s insurance plan.
Under the Emergency Medical Treatment and Active Labor Act (1986), the hospital was obligated to admit the patient to their facility and stabilize the patient if they had the required capability to care for the patient. Transfer to another facility may not be based on financial considerations. The maximum potential penalty under the act would have been $50,000.