RULE 3-11 A .
Private Patients in the Emergency Department
Emergent Patients . Members will assume the responsibility for care of their own patients who present in the Emergency Department with an emergency medical condition , provided that delays in the arrival of a private physician do not in any way compromise the care of the patient .
B . Non-Emergent Patients . A Member ’ s private patient who presents in the Emergency Department for care in a situation not involving an emergency medical condition , as that term is defined by federal and state law , is , and will continue to be , the responsibility of the Member and not the responsibility of the Emergency Department physician . If the patient lists a Member as his or her private physician , that Member will be contacted as soon as possible after the patient has presented in the Emergency Department .
C .
Emergency Medical Treatment and Labor Act . In compliance with the federal Emergency Medical Treatment and Labor Act , every patient who comes to the Emergency Department is entitled to an appropriate medical screening examination to determine whether the patient suffers from an emergency medical condition or is in labor ( i . e ., pregnancy with contractions present ). If either condition is present , qualified medical personnel will provide treatment as may be required to stabilize the medical condition regardless of the patient ’ s insurance status or ability to pay . The emergency needs of the patient will be met according to acceptable standards of medical practice .
A medical screening examination sufficient to detect the presence of an emergency medical condition or labor will be performed by the qualified medical personnel , which includes a registered nurse ( RN ) who has appropriate medical screening examination training , a nurse practitioner ( NP ), a physician assistant ( PA ), a resident physician , or an attending physician . The RN , NP , PA or resident physician will confer with the attending physician prior to transferring any patient from the Emergency Department to an outside provider . The attending physician is ultimately responsible for screening examinations performed by an RN , NP , PA or resident .
If , after the screening examination , in the medical judgement of the provider , the patient is not in labor and no emergency medical condition is present , the patient will be treated , referred or transferred according to internal Emergency Department procedures and appropriate standards of medical practice . Where the patient is transferred to another facility , appropriate documentation will be sent with the patient .
If the Medical Center receives a patient who , in the judgement of the appropriate Medical Staff member , was transferred in knowing violation of EMTALA , the violation will be reported promptly to the CMO / VPMA , who , in consultation with
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