HospitalInspections.org

Based on a review of facility documentation and staff interviews (EMP), it was determined that the facility failed to develop an EMTALA policy that included the written requirements that apply to transfers to another facility at the request of the individual with an unstable emergency medical condition and/or a requests by their legally responsible person(s).

Findings included:

Review of facility policy, Emergency Medical Treatment and Active Labor Act (EMTALA), dated January 15, 2013 revealed "...Following the Medical Screening Exam, a patient may be transferred if requested by the patient or their representative, after being notified of the risks and benefits of the transfer..." but the policy failed to indicate that the request for transfer must be in writing and include either the signature of the patient requesting the transfer and/or the legally repsonsible person. Furthermore the facility's policy did not indicate that the written request must include a statement that the individual or legally responsible person is aware of the risks and benefits of transfer.

During interview on August 23, 2013, at approximately 11:00 AM EMP1 confirmed the above findings and revealed "...our policy is not complete...we do not have a written form that is signed by the patient, and includes all that information..."