Medicare Hospital Patient Protection Amendments of 1988

Summary

Medicare Hospital Patient Protection Amendments of 1988 - Amends title XVIII (Medicare) of the Social Security Act to require that a hospital give an individual who comes to its emergency department a requested medical screening examination to determine whether or not an emergency medical condition exists if such examination is within the hospital's capability. (Currently, the examination must be within the emergency department's capability for such requirement to be applicable.) Prohibits hospitals from transferring a patient who has an emergency medical condition that has not been stabilized, unless the patient gives written informed consent to the transfer or refuses to consent to treatment. Makes clarifying amendments to the process and standards for effecting such a transfer. Requires that hospitals which transfer a patient who has an emergency medical condition send all the medical records available at the time of the transfer to the receiving facility. Directs hospitals to post conspicuously in their emergency departments a sign specifying the rights of individuals regarding examination and treatment for emergency medical conditions. Makes hospitals liable for the acts and omissions of its agents and the physicians through whom it carries out its duties in providing examinations and treatment for emergency medical conditions, except when it relies in good faith on the medical judgment of such a physician with respect to a patient's condition. Requires hospitals to maintain memoranda of transfer for patients transferred to or from the hospital for five years after such transfers. Imposes penalties against physicians who engage in specified acts or omissions related to the examination and treatment of individuals who have emergency medical conditions. Prohibits hospitals that have specialized capabilities or facilities from refusing to accept an appropriate transfer of an individual who requires such specialized capabilities or facilities. Makes terminological changes to provisions concerning the examination and treatment of emergency medical conditions.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in House

  summary · EN · 5 October 1988

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.