Medicare Hospital Patient Protection Amendments of 1989

Summary

Medicare Hospital Patient Protection Amendments of 1989 - 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.) Requires hospitals to ensure that an individual's refusal of treatment for, or transfer for the treatment of, an emergency medical condition is an informed decision. 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. Revises the provisions of current law with respect 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 a hospital 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. Authorizes individuals to institute civil actions against hospitals or physicians violating emergency medical condition examination and treatment requirements. Sets a floor on damage awards. 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. Prohibits hospitals from delaying the required examination and treatment for emergency medical conditions in order to inquire about an individual's method of payment or insurance status. Makes terminological changes to provisions concerning examinations and treatment for emergency medical conditions. Redefines active labor (treated as an emergency medical condition) to include any time during pregnancy when a mother's transfer from a hospital may threaten the health and safety of her unborn child.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 2 February 1989

  Open at official source

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