Paramedic Inter Facility Transfer Training (Section 1 PIFT Overview) Medical/Legal Aspects of Inter Facility Transfer

Overriding Principals The law requires that patients who are being transferred from one facility to another facility for a higher level of care continue to receive appropriate medical care during transport.

Sending facility legal responsibilities: Ensure appropriate mode of transport Ensure appropriate personnel accompany the patient during the transport Overriding Principals

Emergency Medical Treatment and Active Labor Act (EMTALA) Originally passed in 1985 as part of The Consolidated Omnibus Budget Reconciliation Act (COBRA)

Emergency Medical Treatment and Active Labor Act (EMTALA) Sometimes referred to as the Anti- Dumping law –Passed to prevent hospitals from refusing to treat indigent persons or transferring them inappropriately to other facilities.

Principals of EMTALA Requires hospitals to provide a medical screening examination for all patients seeking medical attention in order to determine if a medical emergency situation exists.

Principals of EMTALA A patient may not be transferred to another facility if they are at risk to deteriorate from or during transfer –Unless the current hospital cannot meet the needs of the patient.

Principals of EMTALA The patient may not be transferred if they are unstable and remain at risk of deterioration unless the sending physician certifies in writing that the benefits to be obtained at the receiving hospital justify the risks of transfer.

Principals of EMTALA The patient must be accepted by the receiving hospital prior to transfer The receiving hospital must accept the patient if it has the space and the skills necessary to care for the patient.

Principals of EMTALA The patient or a legally responsible person must request the transfer after being advised of the risks and benefits of transfer.

Principals of EMTALA The sending hospital must provide whatever treatment is within its capabilities to ensure that the patient is stabilized prior to transfer.

Principals of EMTALA The sending hospital is required to make appropriate arrangements for transfer that include the following: –Appropriate personnel and equipment must be provided; in certain cases it might be necessary for a physician or other healthcare specialist to accompany the patient –All relevant medical records must be sent with the patient

Scope of EMTALA An ambulance service may not be charged with an EMTALA violation unless it is a hospital- owned service. BUT…

Scope of EMTALA o An ambulance service may still be sued by either the sending hospital or the patient for negligence or misrepresentation if it fails to provide the appropriate personnel and equipment requested by the sending facility.

Example o A sending facility requests an ALS equipped ambulance staffed by an ACLS certified paramedic to transfer a cardiac patient to another hospital. o The service provides only a BLS ambulance with an EMT and fails to advise the sending facility that it is not providing the equipment and personnel that were requested. o If the patient requires ALS treatment during transport and suffers damages, the EMS service may be liable.