More than the poor: courts and Congress expand scope of patient transfer law

Article Abstract:

The Medical Treatment and Active Labor Act of 1985 was originally designed to protect indigent patients from being transferred out of private hospital emergency rooms. Based on legal suits, however, the scope of the law is being expanded. Patients who are turned away from emergency rooms because they are full and poor patients unable to obtain hospital rooms have successfully sued hospitals. Experts point out that in some cases the law is being used to compensate for the country's overburdened trauma centers.

Laws, regulations and rules, Health care industry, Ethical aspects, Medical ethics

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AIDS patient claims hospital violated ADA, 'dumping' law

Article Abstract:

An AIDS patient is suing Memorial Hospital in Fremont, OH, for discriminating against him and dumping him when it transferred him to another hospital. Fred Charon is suing the hospital under the Emergency Medical Treatment and Active Labor Act of 1985, the 'anti-dumping' law, and under the Americans With Disabilities Act of 1990. The suit quotes emergency room supervisor Dr. Charles Hull's comment in the medical record naming AIDS as the reason for the transfer.

Cases, Discrimination against disabled persons, Handicapped discrimination, Discrimination in medical care, Medical care discrimination, Patient dumping

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Hospital merger rules may ease, but concerns remain

Article Abstract:

The Federal Trade Commission cites antitrust law to prevent hospital mergers, although in communities with excess beds a merger can save money and increase efficiency. The FTC wants proof that consumers will benefit from the resulting cost savings. Also, competition may be stifled and patients may be referred to facilities owned by physicians and/or hospitals.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Antitrust Law, Management, Interpretation and construction, Mergers, acquisitions and divestments, Hospitals, United States. Federal Trade Commission

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