OIG clarifies EMTALA reg
HHS Office of Inspector General (OIG) Chief Counsel Mac Thornton says there has been some confusion about a regulation issued in mid-February that involves the penalty amount in patient-dumping actions. According to Thornton, hospitals with only one EMTALA violation often argued that, if no pattern of patient dumping existed, a certain degree of leniency was warranted. "We agree that makes sense," he says.
The new rule seeks to differentiate between hospitals that have engaged in a pattern of practice and those that have engaged in an isolated incident. But Thornton says it only applies during the final stage of a litigated case before an administrative law judge, after liability has been determined.
Thornton also points out that since 1988 when EMTALA enforcement started, only six of the 268 EMTALA cases concluded by the OIG have been litigated. "In other words, 98% of patient-dumping cases are settled," he says. The rule that was recently promulgated concerns only litigated cases, he emphasizes.
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