Hospital Cited For EMTALA Violations For Employee Presentation

FILE: 11-003
DATE: January 24, 2011
STATE: Arkansas
TAG: A2405

TITLE: Emergency Room Log

ALLEGED VIOLATION:

Based on review of the Emergency Department Log, Medical Staff Rules and Regulations, Policy and Procedure GO18 EMTALA (Emergency Medical Treatment and Labor Act) Medical Screening/Stabilization and interview, it was determined the facility failed to ensure
every patient presenting to the Emergency Department for treatment was entered into the Emergency Department Log. The failed practice allowed a person seeking medical treatment to not receive a medical screening exam by a physician and had the potential to affect all
patients presenting to the Emergency Department.

A. There was no documentation in the Emergency Department Log October 21 and 22, 2010, of the patient’s name, date, time of presentation, chief complaint, or disposition.

B. Review of the Policy and Procedure GO18 EMTALA (Emergency Medical Treatment and Labor Act) Medical Screening/Stabilization stated the name and disposition of all patients requesting emergency treatment would be entered into the Emergency Department Log.

C. An interview was conducted at 1400 on 01/24/11 with the Director of Regulatory Compliance. She verified the names of the employee identified in the occupational health file were not entered into the Emergency Department Log.

COMMENT: This citation is consistent with previous CMS actions based on employee health presentations.

TAG: A2406
TITLE: Medical Screening Exam

…it was determined patient #1 requested to be seen by a physician for an on the job injury and Emergency Department staff declined services until payment was made. Therefore a medical screening was not provided to determine if an emergency medical condition existed.

COMMENT: This could also be cited as a second violation for a financially based failure to provide care. Some regional offices cite all aspects of violations, while others only cite specific aspects under a single applicable violation.

NOTE: Citations issued by CMS for EMTALA violations are allegations that have not been proven in any court and the information is presented here in summary format for educational purposes only to demonstrate the circumstances which in the view of CMS constitute EMTALA violations. Identifying information is removed to focus on the allegation without prejudicing the facility.