Title: Patient dumping a symptom of health system woes | Healthcare Dive
Headings: Patient dumping a symptom of health system woes
Patient dumping a symptom of health system woes
A brief history of patient dumping
The Emergency Medical Treatment and Labor Act
Mental health cuts
Laws and ethics
Ideas for change

Content: The Emergency Medical Treatment and Labor Act
Following a surge of media attention, President Ronald Reagan signed The Emergency Medical Treatment and Labor Act in 1986, effectively the federal anti-dumping statute for hospitals taking part in Medicare. “EMTALA requires that if a patient comes to the hospital, the hospital is required to perform a medical screening exam,” said Kim Stanger, partner at Holland & Hart. “ If the screening exam reveals a medical emergency condition, the hospital is required to provide stabilizing treatment or an appropriate transfer to another facility, and they must do so regardless of the patient’s ability to pay.” The civil penalties for violating the law depend on the size of the hospital and the number of beds dedicated to its emergency department. “If a hospital has more than 100 beds, it’s about a $100,000 penalty. If the hospital has less than 100 beds, it’s around $50,000," Stanger said. Patients, if able, can sue for damages within a two-year statute of limitations, as can hospitals that have incurred costs after treating a patient dumped on them from another hospital. Hospitals violating EMTALA will also be investigated by state agencies that then require the facility to implement a plan of correction. If the plan isn't executed, they then stand to lose their ability to participate in Medicare. “That’s the death knell for hospitals,” Stanger said. “