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Enforcement Actions for 2002

EMTALA Patient Dumping

12-20-2002

Memorial Regional Hospital, Florida, agreed to pay $120,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination, stabilizing treatment, or an appropriate transfer to three individuals who presented to its emergency department with symptoms of a psychiatric emergency which included suicidal thoughts and bizarre behavior. The OIG further alleged that the hospital denied the appropriate treatment to all three individuals based on their financial status.

12-18, 2002

Mercy Medical Center Merced (d/b/a Mercy Hospital and Health Services Merced), located in Merced, California, agreed to pay $7,500 to resolve its liability for CMPs under the patient dumping statute for the alleged misconduct of a surgeon. The OIG alleged that the hospital provided, to the best of their ability, an appropriate medical screening examination and treatment to a patient with mental disabilities who presented to the hospital suffering from severe abdominal distress and shortness of breath. The patient, however, allegedly required stabilization that could only be provided by a surgeon. The OIG alleged that while on call, the surgeon refused to come to the emergency room to treat the patient. The OIG further alleged that the surgeon made derogatory comments related to the patient’s mental condition when he was contacted and asked to come to the emergency room. By the time the on-call surgeon arrived at the facility, after being called at least three times and more than one hour after initially being contacted, the patient had died.

10-14-2002

Hilton Head Medical Center & Clinics, South Carolina, agreed to pay $17,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination to a 37-year old pregnant woman in the process of giving birth. Additionally, the hospital allegedly inappropriately transferred the patient to another hospital approximately 38 miles away.

09-30-2002

Fountain Valley Regional Hospital and Medical Center, California, agreed to pay $20,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital delayed its acceptance and treatment of an 18-year-old woman with pregnancy-induced hypertension in order to inquire about her health insurance status.

09-30-2002

Queen of Angels Hollywood-Presbyterian Medical Center, California, agreed to pay $10,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that a 74-year old woman who was brought to the hospital by ambulance in a non-responsive state was not provided a medical screening examination and treatment.

09-23-2002

Baptist Medical Center, Alabama, agreed to pay $10,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination to a 62-year old man who was brought to the hospital by ambulance.

09-16-2002

Desert Regional Medical Center, California, agreed to pay $26,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that an on-call specialist for the hospital refused to accept an appropriately transferred patient complaining of blunt head trauma.

09-04-2002

Kingman Regional Medical Center, Arizona, agreed to pay $35,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital did not properly screen, treat or transfer six patients as required by patient dumping statute. These patients presented with both physical and psychological complaints.

09-04-2002

Brotman Medical Center, California, agreed to pay $32,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination and treatment to a 94-year old woman who was brought to the hospital by ambulance in a non-responsive state.

09-02-2002

Southwestern Medical Center, Oklahoma, agreed to pay $30,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital refused to accept the transfer of a patient in need of the hospital's cardiology services where such services were not available at the transferring hospital.

08-21-2002

Yampa Valley Medical Center, Colorado, agreed to pay $5,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination to a patient who presented to its emergency room for evaluation and treatment.

08-15-2002

Manatee Memorial Hospital, Florida, agreed to pay $10,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide appropriate medical screening examinations and stabilizing treatment to two patients.

08-08-2002

The Tenth Circuit Court of Appeals upheld the Department's determination to impose a $35,000 CMP against St. Anthony Hospital, Oklahoma City, Oklahoma, for violating the patient dumping statute. The court found that St. Anthony had violated section 1867(g) of the Social Security Act, which requires hospitals with specialized capabilities or facilities to accept appropriate transfers of individuals who require such specialized capabilities or facilities. The Tenth Circuit ruled that St. Anthony Hospital refused to accept an appropriate transfer of a critically injured patient who required its specialized surgical capabilities. St. Anthony refused the transfer because the on-call surgeon refused to come to the hospital to perform the surgery. St. Anthony Hosp. v. United States Dep't of Health and Human Servs., 309 F.3d 680 (10th Cir. 2002)

08-01-2002

Florida Medical Center, Florida, agreed to pay $35,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital refused to provide an appropriate medical screening examination to an individual who presented to its emergency department because the hospital did not accept the individual's insurance.

07-22-2002

John W. Harton Medical Center, Tennessee, paid $30,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to evaluate and treat an 11-day old infant with an unstable emergency medical condition. Despite the availability of an on-call pediatrician, the baby was transferred to another hospital.

06-24-2002

Kendall Medical Center, Florida, agreed to pay $5,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide a pregnant woman an appropriate medical screening examination or stabilizing treatment prior to transferring her to another hospital.

06-22-2002

Dodge County Hospital, a small hospital in Georgia, agreed to pay $15,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide appropriate medical screening examinations to two individuals who presented to the hospital's emergency department.

06-17-2002

Martin County Hospital District, which operates a small Texas hospital, agreed to pay $10,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital refused to treat a patient presenting to its emergency room because he was not a county resident.

06-12-2002

Sac Osage Hospital, a small Missouri hospital, agreed to pay $15,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination and stabilizing treatment or an appropriate transfer to three individuals who presented to its emergency department.

05-31-2002

Baylor Medical Center, Texas, paid $30,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that: (1) a pregnant woman presenting to the emergency department did not receive an appropriate medical screening and was improperly discharged; and (2) the hospital refused to accept the transfer of another patient that needed specialized services available at Baylor because Baylor did not participate in the patient's health plan and the patient did not provide an up-front payment of $5,000.

05-24-2002

Lake Mead Medical Center, a Nevada hospital, paid $64,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that four patients did not receive appropriate medical screening examinations. In one incident, a 10-month old infant was allegedly denied examination and treatment because he did not have insurance and his parents could not pay a cash deposit requested by the hospital. The parents later brought the infant to another emergency room where he was treated for a high fever and respiratory infection.

May 9-2002

A Missouri ophthalmologist paid $10,000 to resolve his liability for CMPs under the patient dumping statute. The OIG alleged that while on call, the physician did not come in to the hospital emergency department to evaluate and treat a patient that needed his services.

04-02-2002

University Hospital and Medical Center, Florida, agreed to pay $20,000 to resolve allegations that it violated the patient anti-dumping statute. The OIG alleged that the patient did not receive an appropriate medical screening examination or stabilizing treatment, and was inappropriately transferred to another hospital after she had been involved in a motor vehicle accident and sustained damage to her liver.

01-25-2002

El Dorado Hospital, Arizona, agreed to pay $34,000 to resolve its liability for CMPs under the patient dumping statute. The OIG alleged that the hospital failed to provide an appropriate medical screening examination and proper stabilizing treatment to an individual who was brought to the hospital's emergency room with severe stomach and chest pains. The OIG alleged that without obtaining a definitive diagnosis, the hospital discharged the patient to his home in an unstable condition. Early the next morning, the patient was rushed to another hospital where he later died.