AN ACT TO BE KNOWN AS THE EMERGENCY MEDICAL CARE CLARITY ACT; TO PROVIDE THAT A HOSPITAL SHALL PROVIDE AN APPROPRIATE MEDICAL SCREENING EXAMINATION AND EMERGENCY MEDICAL SERVICES TO ANY INDIVIDUAL WHO COMES TO THE EMERGENCY DEPARTMENT AND REQUESTS EXAMINATION OR TREATMENT, OR HAS SUCH A REQUEST MADE ON THEIR BEHALF, TO DETERMINE WHETHER AN EMERGENCY MEDICAL CONDITION EXISTS; TO PROVIDE THAT IF AN EMERGENCY MEDICAL CONDITION IS IDENTIFIED, THE HOSPITAL AND ITS MEDICAL STAFF SHALL HAVE A DUTY OF CARE TO PROVIDE STABILIZING TREATMENT WITHIN THEIR CAPABILITY AND CAPACITY; TO PROVIDE THAT EMERGENCY MEDICAL SERVICES OR STABILIZING TREATMENT SHALL NOT BE DELAYED OR DENIED FOR NON-MEDICAL REASONS; TO PROVIDE THAT IF A PATIENT HAS RECEIVED AN APPROPRIATE MEDICAL SCREENING EXAMINATION, AND THE EXAMINING HEALTH CARE PROVIDER DETERMINES THAT AN EMERGENCY MEDICAL CONDITION EXISTS AND THE CONDITION HAS NOT BEEN STABILIZED, THE HOSPITAL SHALL NOT TRANSFER THE PATIENT UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE THAT THE ATTORNEY GENERAL AND THE STATE DEPARTMENT OF HEALTH MAY INVESTIGATE AND BRING A CIVIL ACTION AGAINST ANY HOSPITAL OR PROVIDER WHO VIOLATES THIS ACT; TO PROVIDE THAT ANY INDIVIDUAL WHO SUFFERS HARM FROM A VIOLATION OF THIS ACT MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR COMPENSATORY AND PUNITIVE DAMAGES AND EQUITABLE RELIEF; TO PROVIDE THAT HOSPITALS MAY NOT PENALIZE PROVIDERS WHO STABILIZE PATIENTS CONSISTENT WITH MEDICAL STANDARDS OF CARE; TO PROVIDE THAT HOSPITAL EMPLOYEES ARE PROTECTED FROM RETALIATION FOR REPORTING VIOLATIONS; TO PROVIDE THAT HOSPITALS WITH SPECIALIZED FACILITIES MUST ACCEPT APPROPRIATE TRANSFERS IF CAPACITY EXISTS; AND FOR RELATED PURPOSES.
Impact
The act also sets forth strict conditions under which hospitals may transfer patients who have not been stabilized. If a patient is deemed to have an emergency medical condition, the transferring hospital must provide suitable medical interventions and ensure that the receiving facility is adequately equipped and willing to accept the patient. Additionally, hospitals with specialized care must accept appropriate transfers if capacity allows. These stipulations aim to enhance patient safety and ensure that they receive timely and effective medical treatment regardless of locational constraints.
Summary
House Bill 1099, known as the Emergency Medical Care Clarity Act, mandates that hospitals provide appropriate medical screenings and emergency services to any individual seeking treatment in the emergency department. The legislation states that if an emergency medical condition is identified, hospitals and their medical staff are obliged to deliver stabilizing treatment within their capacity. Importantly, this treatment cannot be delayed or denied for non-medical reasons, which includes factors such as the patient's insurance status or personal beliefs. This ensures that the patients receive necessary care without discrimination based on personal or financial circumstances.
Contention
Another significant aspect of this bill concerns legal liabilities and protections. The act allows the state Attorney General and the Department of Health to investigate and take action against hospitals that violate the provisions of this law. Individuals harmed due to violations can seek civil remedies, including compensatory damages and punitive measures. Crucially, the bill removes immunity from hospitals based on religious or moral objections, thereby compelling them to provide emergency care under any non-emergency healthcare circumstances that may arise. This stipulation is likely to provoke discussion surrounding ethical dilemmas and the role of hospitals in emergency situations, particularly in cases involving pregnant patients or controversial medical procedures.