Previous Page | Next Page
The Office of the Inspector General of the U. S. Department of Health and Human Services has released statistics indicating that federal investigators are stepping up their charges against physicians in "patient dumping" cases under the Emergency Medical Treatment and Active Labor Act. Most EMTALA actions thus far have been brought against hospitals for refusing to treat certain emergency patients or releasing patients before their conditions have been stabilized. However, physicians who deny treatment to emergency patients or who do not respond to emergency requests while on call may also be liable under EMTALA.
Since the act was passed in 1986, there have been only 115 settlements with physicians; however, 13 of those have come within the past four years. According to a report in the Aug. 9 issue of Modern Healthcare, Thomas Hermann, the OIG's chief of administrative litigation, observed that since the passage of the Health Insurance Portability and Accountability Act in 1996, his department's staff has tripled in size, enabling the investigation more cases. He noted that in addition to the 15 settlements, five cases are currently in administrative litigation. Most cases against physicians involve doctors who refuse to treat emergency patients before receiving authorization from the patients' managed care plans or on call physicians who fail to respond to calls to treat emergencies. OIG's theory - which was held up in court - is that physicians are agents of the hospital at which they work; therefore, both can be held liable for EMTALA violations
Previous Page | Next Page
Return to the Perry Hookman, M.D., P.A. Home Page