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TEXAS HEALTH PRESBYTERIAN HOSPITAL FLOWER MOUND
COMPLIANCE WITH 489.24
Tag No.: A2400
Based on record review and interview the facility failed to abide by the provider's agreement that required a hospital to comply with 42 CFR §489.24, Special responsibilities of Medicare hospitals in emergency cases.
The hospital was not in compliance with the EMTALA (Emergency Medical Treatment and Labor Act) requirements, citing 1 of 20 patients (Patient #1) that presented to the emergency department (ED) on 12/17/2020.
Findings included
Cross Refer to Tag 2406
MEDICAL SCREENING EXAM
Tag No.: A2406
Based on record review and interview, the facility failed to ensure an appropriate medical screening examination within the capability of the hospital's emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition exists for each patient, in that,
1 of 20 patients (Patient #1) did not receive a medical screening examination on 12/17/2020.
Findings included
The facility's emergency log reflected Patient #1's visit on 12/17/2020. There were 63 patients listed for 12/17/2020.
Patient #1 presented to the emergency room on 12/17/2020 at 16:16 PM. There was no Medical Screening Examination completed for Patient #1.
During an interview on 12/23/2020 ending at 10:35 AM, Personnel #4 was asked about Patient #1. Personnel #4 stated, "She wouldn't wear a mask. Hers was clear plastic from her chin to nose, around her face, but open. Patients come in with their own mask. Most are okay. Cloth, mesh. This one was not okay. They told me she wouldn't put on a mask. She said she was having anxiety, and blood pressure issues. I asked her to put on a mask and she said she was too anxious. I said sorry. She said it would make her have higher anxiety and she was very rude. I told her we have to protect others. She would not and left."
During an interview on 12/23/2020 at 10:54 AM, Personnel #1 and #2 reviewed the record and were informed of the finding. They were asked if it had been known and if there were other patients that had been sent away. Personnel #1 stated, "No. It wasn't known. We are not aware of others." Personnel #1 stated, "We don't have a policy about patients unable to wear the approved masks."