Tennessee Hospital Settles Case Involving Patient Dumping Allegation

On January 10, 2018, Clarksville Health System, f/k/a Gateway Medical Center (CHS), entered into a $40,000 settlement agreement with OIG. The settlement agreement resolves allegations that CHS violated the Emergency Medical Treatment and Labor Act when it failed to accept an appropriate transfer. A 13-year-old presented to a hospital Emergency Department (ED) complaining of testicular pain. An ultrasound indicated no evidence of blood flow in the right testicle and a large amount of fluid surrounding the testicle. In order to access the needed specialized services of a urologist, which that hospital did not have, the ED requested that CHS accept the patient for transfer. CHS's on-call urologist, however, refused to accept the transfer of the patient, recommending instead that the patient be transferred to another facility. OIG alleged that CHS declined to accept the appropriate transfer when it had both the capability and capacity to stabilize the patient's emergency medical condition. Senior Counsel Sandra Sands represented OIG.

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