If a patient is transferred--sent from the emergency room in any fashion without having been stabilized--the emergency room personnel must satisfy the statutory requirements for a proper transfer:
The act requires that the patient be accompanied with all available medical information and the documents establishing compliance with the act. Requiring the inclusion of these records, including the name of any physicians who do not comply with the act, ensures that they will be incorporated in the patient's medical record. This makes them available to federal inspectors and to interested plaintiffs' attorneys:
It is critical that these materials establish the medical facts to support the medical necessity of the transfer. In the case upholding a $20,000 fine against a physician who violated the act, the court stressed the importance of documenting the medical basis of the transfer.Burditt v. United States Dept. of Health and Human Services. 934 F2d 1362 (5th Cir, Jul 9, 1991).
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