CHI Health Lakeside Agreed to Pay $80,000 for Allegedly Violating Patient Dumping Statute by Failing to Provide an Appropriate and Timely Medical Screening Examination

On June 23, 2023, CHI Health Lakeside (Lakeside), Omaha, Nebraska, entered into an $80,000 settlement agreement with OIG. The settlement agreement resolves allegations that, based on OIG’s investigation, Lakeside violated the Emergency Medical Treatment and Labor Act (EMTALA) when it failed to provide an appropriate and timely medical screening examination to a patient. On October 10, 2020, patient N.N., a 37-year-old male, presented to Lakeside’s Emergency Department (ED) by private vehicle at approximately 10:38 am complaining of chest pain and seizure activity. Upon arrival, N.N.’s friend, the driver of the vehicle, parked in the lot across from the ED entrance. After attempting unsuccessfully to assist N.N. out of the vehicle, the friend ran into the ED to request assistance for N.N. The ED registrar instructed the friend to pull around to the ambulance entrance. After returning to the vehicle, the friend managed to assist N.N. out of the vehicle, but struggled to escort N.N. through the parking lot to the ED entrance. Right outside the ED doors, N.N. collapsed, appearing to lose consciousness. Seconds later, a physician assistant walked by N.N. on her way into the ED without acknowledging or offering assistance to N.N., who began seizing and vomiting. At approximately 10:40 a.m., a bystander brought a wheelchair out and assisted the friend in lifting N.N. into a wheelchair. The friend attempted to push the wheelchair into the ED but was unable because N.N.’s legs were caught in the foot pedals. The friend continued to waive his arms toward the ED entrance, seeking medical assistance. At approximately 10:44 a.m., the friend managed to wheel N.N. into the ED. N.N. was immediately brought back to a room to be triaged by ED staff, approximately six minutes after the friend first requested emergency medical assistance. An electrocardiogram revealed that N.N. had suffered a heart attack. At approximately 11:28 a.m., N.N. was taken to the heart catheterization lab for an emergency catheterization and stopped breathing. At 12:27 p.m., N.N. was pronounced dead. Lakeside failed to provide an appropriate medical screening examination to N.N., who presented on hospital property suffering from an emergency medical conduction, despite repeated requested for assistance by the friend on behalf of N.N., and despite the fact that N.N. clearly required emergency examination and treatment based on his appearance and behavior. Senior Counsel Tessa Devereaux represented OIG.

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