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Tag No.: A1104
Based on medical record review, review of facility documentation and staff interview, it was determined that the facility failed to ensure all policies and procedures were implemented.
Findings include:
Reference: Facility policy Title: EMTALA; On page 8 of 16, #4. On-call Physicians, #3. No Discrimination states, "No on-call physician shall discriminate in his or her response to a call or refuse to treat an individual on the basis of race, color, natural origin, ability to pay, method or source of payment, or any other reason unrelated to an individuals need for service or the availability of needed services in the facility, such as a prior diagnoses or any disability."
Findings include:
1. A review of the Pediatric Neurologist on-call list for 6/2/16 and 6/3/16 was reviewed. The list revealed that Staff #9 was on-call both dates.
2. Documentation in Medical Record #1 indicated that Staff #9 did not evaluate or treat the patient related to a pending law suit the patient's mother has against the Pediatric Neurology Group that was on-call at the time.
a. The patient was in need of assessment and treatment by a pediatric neurologist and Staff #9 failed to provide either, which resulted in the patient having to be transferred to another acute care facility.
3. The above was confirmed by Staff #1.