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Based on interview and review of records, the facility did not comply with 42 CFR §489.20 (l) in that under EMTALA (Emergency Medical Treatment and Labor Act) the hospital was required to accept appropriate transfer of individuals with an emergency medical condition if the hospital had specialized capabilities and had the capacity to treat those individuals. Hospital A denied the request of Hospital B to transfer 3 of 3 patients (Patient #1, Patient #2, and Patient #3) that were involved in a motor-vehicular accident and sustained spine and facial fractures on 6/3/16.

Findings:

Three separate "Patient Transfer Tracking Forms" were completed by Personnel #5 on 6/3/16 between 1:52 AM and 1:56 AM which indicated Hospital B requested transfers for the following three patients: "Patient #1: Diagnosis: MVA, T-12 compression...Patient #2: Diagnosis: MVA, unstable spinal fracture (T-12), mild to moderate crush fractures at level L-1; and Patient #3: MVA, facial bone mandibular fracture...Bed availability: ICU: 0, Telemetry: 1, PACU: 1, and Medical Surgical: 1...ER 50 patients, waiting: 4..." The transfer request was denied.

In an interview on 6/9/16 at 10:00 AM, Personnel #1 was informed of the above findings. Personnel #1 confirmed the findings and stated their hospital (Hospital A) was a level 1 trauma center and always made room to accommodate additional patients needing emergency care. At 2:20 PM, Personnel #3 confirmed Personnel #1's statement.

The facility's EMTALA policy effective 12/18/15 required "to provide services in accordance with the applicable Federal and State laws, rules and regulations..."

Cross Refer to Tag A-2411

Based on interview and review of records, the facility did not comply with 42 CFR §489.24 (f) in that the participating hospital (Hospital A) that had specialized capabilities and capacity refused to accept from the referring hospital (Hospital B) three patients (Patient #1, Patient #2, and Patient #3) that were involved in a motor-vehicular accident and sustained spine and facial fractures on 6/3/16.

Findings included:

Three separate "Patient Transfer Tracking Forms" were completed by Personnel #5 on 6/3/16 between 1:52 AM and 1:56 AM which indicated Hospital B requested transfers for the following three patients: "Patient #1: Diagnosis: MVA, T-12 compression...Patient #2: Diagnosis: MVA, unstable spinal fracture (T-12), mild to moderate crush fractures at level L-1; and Patient #3: MVA, facial bone mandibular fracture...Bed availability: ICU: 0, Telemetry: 1, PACU: 1, and Medical Surgical: 1...ER 50 patients, waiting: 4..." The transfer request was denied.

In an interview on 6/9/16 at 10:00 AM, Personnel #1 was informed of the above findings. Personnel #1 confirmed the findings and stated their hospital (Hospital A) was a level 1 trauma center and always made room to accommodate additional patients needing emergency care. At 2:20 PM, Personnel #3 confirmed Personnel #1's statement.

The facility's EMTALA policy effective 12/18/15 required "to provide services in accordance with the applicable Federal and State laws, rules and regulations..."