Jump to content
RemedySpot.com

Private ER's

Rate this topic


Guest guest

Recommended Posts

Guest guest

A good question was proposed by a friend of mine. Recently there have been

numerous " private " ER's opening in the area. They advertize themselves at

full service ER's just without a hospital attached. They even have red

signs that say EMERGENCY and say 24/7 on them. If a facility, operating as

a regular profit facility (i.e. not hospital emergency room), and the

private facility advertises 24/7 emergency care, can that facility refuse to

provide the emergency care if the person is unable to pay their co-pay at

the time they need the services? Does it depend on what type of care they

need?

What if you crawled in with your leg cut off bleeding to death?

What if you rolled yourself in on a wheelchair with your leg cut off

bleeding to death?

What if you rolled yourself in on a wheelchair with your leg cut off, but

you had a tournakit above the cut which stopped blood from spewing out, and

you were conscious enough to wheel yourself across the street to the

hospital emergency room and they could clearly take care of the problem?

What if you just cut your finger off had stopped the bleeding and you

couldn't ever recover the finger and needed someone to clean it and stitch

it up?

What if you had an ear infection and were dizzy and had occasional problems

driving?

Which of these situations above would be a cutoff from the private facility

that advertised as a 24/7 emergency clinic that would be allowed to refuse

service if the person had health insurance that covered their problem but

did not have the $50 or $100 to pay the insurance co-pay for the service

that they needed rendered?

I know the bleeding to death part should trigger the doctor's moral, if not

license, requirement to keep the person from dying so they could go to the

regular emergency room even if the person had no insurance. But what about

the other ones where the person's life is not in immediate danger and they

could make it to a public emergency room without serious risk of death and

could have their problem addressed there?

I guess my question is, does a private entity have the ability to refuse

service in any of the situations above?

Link to comment
Share on other sites

Guest guest

The act itself says it applies to " participating hospitals, " meaning those

that accept payments through CMS. Therefore, if the clinic accepts

Medicare/Medicaid, the first test is satisfied. Next comes into play the

definition of

what constitutes a " hospital. " EMTALA clearly covers hospital owned

fast-track facilities, whether or not they are on or off campus. In the case

of a

freestanding emergency department, my question would be whether or not it would

become a " hospital " under state and federal laws. If it holds itself out as

being an emergency facility, with appropriate signs, I am of the opinion that

there is a 99% chance that it will be declared a " hospital " if it accepts

Medicare/Medicaid and holds itself out as being an emergency department.

State and federal laws govern what can be called a " hospital. " So-called

" boutique hospitals " are required to have an ER, even if it's only a single room

capable of minimal stabilization.

A patient should not be required to inquire as to the status of a facility

with regard to EMTALA before seeking care.

I expect the feds would come down hard on a private facility advertising

itself as an emergency department if it's not, even if it does not receive

government reimbursement.

It is worth noting that urgent care clinics are generally carefull not to

advertise themselves as offering the same care one would find in a hospital ER.

If a free-standing clinic does that, I expect it is going to be declared to

be a " hospital. "

I have not researched the cases on this, if there are any, but that's my

thought about it.

If anybody has any case law on the subject please let me know and I'll check

it out.

GG

>

> ,

>

> You asked a bunch before you asked the real question. The answer is

> simple. If these free standing facilities are not licensed as medical

> facilities, they are doctor's offices. A doctor's office is a private

> business, and a private business can refuse service to anyone for any

> reason. The civil lawyers might have fun with it once this facility

> actually refuses an emergency patient, especially since they were

> advertising themselves as an emergency room, but I don't think EMTALA

> or any criminal law is involved.

>

> I'm sure the lawyers in the room will correct me if I'm wrong.

>

> - -

>

>

> >

> > I guess my question is, does a private entity have the ability to

> refuse service in any of the situations above?

>

>

>

**************

Get trade secrets for amazing burgers. Watch " Cooking with

Tyler Florence " on AOL Food.

(http://food.aol.com/tyler-florence?video=4? & amp;

NCID=aolfod00030000000002)

Link to comment
Share on other sites

Guest guest

,

You asked a bunch before you asked the real question. The answer is

simple. If these free standing facilities are not licensed as medical

facilities, they are doctor's offices. A doctor's office is a private

business, and a private business can refuse service to anyone for any

reason. The civil lawyers might have fun with it once this facility

actually refuses an emergency patient, especially since they were

advertising themselves as an emergency room, but I don't think EMTALA

or any criminal law is involved.

I'm sure the lawyers in the room will correct me if I'm wrong.

- -

>

> I guess my question is, does a private entity have the ability to

refuse service in any of the situations above?

Link to comment
Share on other sites

Guest guest

I picked a random website for such a facility and looked at some of these

considerations. They are careful not to advertize themselves as a hospital but

do advertize themselves as a full service emergency room. I found several of

these just on a quick yahoo search. Here is one example that talks about

financial information. See for yourself.

http://www.txercare.com/FinancialInformation.aspx

From: texasems-l [mailto:texasems-l ] On Behalf

Of wegandy1938@...

Sent: Monday, June 02, 2008 11:20 PM

To: texasems-l

Subject: Re: Re: Private ER's

The act itself says it applies to " participating hospitals, " meaning those

that accept payments through CMS. Therefore, if the clinic accepts

Medicare/Medicaid, the first test is satisfied. Next comes into play the

definition of

what constitutes a " hospital. " EMTALA clearly covers hospital owned

fast-track facilities, whether or not they are on or off campus. In the case of

a

freestanding emergency department, my question would be whether or not it would

become a " hospital " under state and federal laws. If it holds itself out as

being an emergency facility, with appropriate signs, I am of the opinion that

there is a 99% chance that it will be declared a " hospital " if it accepts

Medicare/Medicaid and holds itself out as being an emergency department.

State and federal laws govern what can be called a " hospital. " So-called

" boutique hospitals " are required to have an ER, even if it's only a single room

capable of minimal stabilization.

A patient should not be required to inquire as to the status of a facility

with regard to EMTALA before seeking care.

I expect the feds would come down hard on a private facility advertising

itself as an emergency department if it's not, even if it does not receive

government reimbursement.

It is worth noting that urgent care clinics are generally carefull not to

advertise themselves as offering the same care one would find in a hospital ER.

If a free-standing clinic does that, I expect it is going to be declared to

be a " hospital. "

I have not researched the cases on this, if there are any, but that's my

thought about it.

If anybody has any case law on the subject please let me know and I'll check

it out.

GG

In a message dated 6/2/08 7:44:48 PM, simple_emt@...

<mailto:simple_emt%40yahoo.com> writes:

>

> ,

>

> You asked a bunch before you asked the real question. The answer is

> simple. If these free standing facilities are not licensed as medical

> facilities, they are doctor's offices. A doctor's office is a private

> business, and a private business can refuse service to anyone for any

> reason. The civil lawyers might have fun with it once this facility

> actually refuses an emergency patient, especially since they were

> advertising themselves as an emergency room, but I don't think EMTALA

> or any criminal law is involved.

>

> I'm sure the lawyers in the room will correct me if I'm wrong.

>

> - -

>

>

> >

> > I guess my question is, does a private entity have the ability to

> refuse service in any of the situations above?

>

>

>

**************

Get trade secrets for amazing burgers. Watch " Cooking with

Tyler Florence " on AOL Food.

(http://food.aol.com/tyler-florence?video=4?

<http://food.aol.com/tyler-florence?video=4? & amp;> & amp;

NCID=aolfod00030000000002)

Link to comment
Share on other sites

Guest guest

Actually these types of facilities have to go thru special evaluations and

process to become a full free standing Emergency Room. If you did not know some

emergency room's employ doctors who are not actually licensed as Emergency

Physician's they are only certified in Family or Internal Medicine. These

specific type of facilities are required to employee only Emergency Physician's.

I know a group of physician's who own some of these type's of Free Standing ER's

and that is what they are 24 hour Free standing ER. The other requirement before

they are licensed they have to have contract with a facility to where they can

admit patient's that need admission and continual treatment. This is not a

doctors clinic but I guess what you could consider one of your more lower band

aid type emergency room's. Meaning they can handle a lot as to running labs,

taking X-Rays, Casting, and many other function but they do have to transfer out

specific diagnoses to a higher level of care or facility that can handle this

longer. They are privately own some even being own by hospital based

corporations Tenet, HCA, and White, and such. They are under the same laws

that even if it is a critical emergency they have to treat the patient and move

them to an appropriate facility. They can however screen patient's based on need

and complaint and advise them they need their insurance or money up front. This

is also taking place in many ER's that are Hospital based ER's they are doing

what they call Q & P they will assess and determine the need and complaint of the

patient and if it is not life threatening they will then treat it as a clinic

patient and ask for money up front. This has been put into place by many

facilities due to the over use of Emergency Rooms and it being consumed with

people who are treating it as a doctors office and causing those who have true

needs to wait long periods of time.

Link to comment
Share on other sites

Guest guest

In a message dated 06/03/2008 18:26:18 Central Daylight Time,

CodyRice1@... writes:

If you did not know some emergency room's employ doctors who are not

actually licensed as Emergency Physician's they are only certified in Family or

Internal Medicine.

While I have the greatest respect for Dr. Bledsoe, and have worked with him

for some years, I'd like to point out that a certification in Emergency

Medicine is probably not an official (read State) requirement for working in

these

types of facilities, but more on the order of a requirement of the

owners....who are most likely protecting their (highly paid) BCEM turf. I've

also

noticed that there is a paucity of BCEM docs willing to work the smaller, more

isolated EDs where the pay is less than at the big city medical centers.

working in an ER requires a broad based medical education (like that found

in both EM and FM residencies), an open mind (remembering that the nurses and

medics have observations and opinions that need to be respected and integrated

into the plan), some capability of multitasking and both the ability to

both form action plans on the basis of limited information AND be able to change

those plans on the fly when new information is received.

I've worked in many EDs over the last 20 years, and have found that I can go

head to head with BCEM docs and score as high or higher on accuracy of

diagnosis and patient flow, and frequently higher on patient satisfaction.

ck

**************Get trade secrets for amazing burgers. Watch " Cooking with

Tyler Florence " on AOL Food.

(http://food.aol.com/tyler-florence?video=4? & NCID=aolfod00030000000002)

Link to comment
Share on other sites

Guest guest

Chuck:

I agree with you. When I ran the two Ellis County EDs, I had better wait

times and lower admission rates (and fewer complaints) with FPs with EM

experience than board-certified EM docs. I have not had much experience with

BCEM docs-just ABEM and AOBEM. As long as there is a shortage of EM docs,

most EDs in this country will be staffed by FPs and IM.

BEB

From: texasems-l [mailto:texasems-l ] On

Behalf Of krin135@...

Sent: Wednesday, June 04, 2008 5:18 AM

To: texasems-l

Subject: Re: Re: Private ER's

In a message dated 06/03/2008 18:26:18 Central Daylight Time,

CodyRice1@... <mailto:CodyRice1%40aol.com> writes:

If you did not know some emergency room's employ doctors who are not

actually licensed as Emergency Physician's they are only certified in Family

or

Internal Medicine.

While I have the greatest respect for Dr. Bledsoe, and have worked with him

for some years, I'd like to point out that a certification in Emergency

Medicine is probably not an official (read State) requirement for working in

these

types of facilities, but more on the order of a requirement of the

owners....who are most likely protecting their (highly paid) BCEM turf. I've

also

noticed that there is a paucity of BCEM docs willing to work the smaller,

more

isolated EDs where the pay is less than at the big city medical centers.

working in an ER requires a broad based medical education (like that found

in both EM and FM residencies), an open mind (remembering that the nurses

and

medics have observations and opinions that need to be respected and

integrated

into the plan), some capability of multitasking and both the ability to

both form action plans on the basis of limited information AND be able to

change

those plans on the fly when new information is received.

I've worked in many EDs over the last 20 years, and have found that I can go

head to head with BCEM docs and score as high or higher on accuracy of

diagnosis and patient flow, and frequently higher on patient satisfaction.

ck

**************Get trade secrets for amazing burgers. Watch " Cooking with

Tyler Florence " on AOL Food.

(http://food.aol.com/tyler-florence?video=4?

<http://food.aol.com/tyler-florence?video=4? & NCID=aolfod00030000000002>

& NCID=aolfod00030000000002)

Link to comment
Share on other sites

Guest guest

One of the best EM physicians I ever knew got kicked out of a Level I Trauma

Center's ER and " demoted " to one of their satellites because he wasn't board

certified and couldn't be because he wasn't grandfathered. I don't know

whether he was FP or not, but he was one of the best in a true emergency I have

ever seen.

Just as program accreditation doesn't guarantee a great program, board

certification doesn't guarantee a 100% great physician.

GG

>

> Chuck:

>

> I agree with you. When I ran the two Ellis County EDs, I had better wait

> times and lower admission rates (and fewer complaints) with FPs with EM

> experience than board-certified EM docs. I have not had much experience with

> BCEM docs-just ABEM and AOBEM. As long as there is a shortage of EM docs,

> most EDs in this country will be staffed by FPs and IM.

>

> BEB

>

> From: texasems-l@yahoogrotexasem [mailto:texasems-l@yahoogrotexasem] On

> Behalf Of krin135@...

> Sent: Wednesday, June 04, 2008 5:18 AM

> To: texasems-l@yahoogrotexasem

> Subject: Re: Re: Private ER's

>

> In a message dated 06/03/2008 18:26:18 Central Daylight Time,

> CodyRice1@... <mailto:CodyRice1%mailto:Co> writes:

>

> If you did not know some emergency room's employ doctors who are not

> actually licensed as Emergency Physician's they are only certified in Family

> or

> Internal Medicine.

>

> While I have the greatest respect for Dr. Bledsoe, and have worked with him

> for some years, I'd like to point out that a certification in Emergency

> Medicine is probably not an official (read State) requirement for working in

> these

> types of facilities, but more on the order of a requirement of the

> owners....who are most likely protecting their (highly paid) BCEM turf. I've

> also

> noticed that there is a paucity of BCEM docs willing to work the smaller,

> more

> isolated EDs where the pay is less than at the big city medical centers.

>

> working in an ER requires a broad based medical education (like that found

> in both EM and FM residencies) in both EM and FM residencies)<wbr>, an op

> and

> medics have observations and opinions that need to be respected and

> integrated

> into the plan), some capability of multitasking and both the ability to

> both form action plans on the basis of limited information AND be able to

> change

> those plans on the fly when new information is received.

>

> I've worked in many EDs over the last 20 years, and have found that I can go

>

> head to head with BCEM docs and score as high or higher on accuracy of

> diagnosis and patient flow, and frequently higher on patient satisfaction.

>

> ck

>

> ************ ************<wbr>**Get trade secrets for amazing burgers. Wa

> Tyler Florence " on AOL Food.

> (http://food.http://food.<whttp://fohttp://f

> <http://food.http://food.<whttp://fohttp://f & <wbr>NCID=aolfod<wbr>NCID>

> & NCID=aolfod0003000NCID=aol

>

>

Link to comment
Share on other sites

Guest guest

In a message dated 06/04/2008 07:31:49 Central Daylight Time,

_bbledsoe@earthlink_ (mailto:bbledsoe@earthlink) . writes:

Chuck:

I agree with you. When I ran the two Ellis County EDs, I had better wait

times and lower admission rates (and fewer complaints) with FPs with EM

experience than board-certified EM docs. I have not had much experience with

BCEM docs-just ABEM and AOBEM. As long as there is a shortage of EM docs,

most EDs in this country will be staffed by FPs and IM.

I don't know about lower admission rates...I'm back to running 30% or so

admissions....but unless I admit to observation, I'm betting most of the

patients I admit will end up spending a minimum of 72 hours in the hospital

(unless

they are cleared by cardiac cath or laproscope before then).

ck

S. Krin, DO FAAFP

**************Get trade secrets for amazing burgers. Watch " Cooking with

Tyler Florence " on AOL Food.

(http://food.aol.com/tyler-florence?video=4? & NCID=aolfod00030000000002)

Link to comment
Share on other sites

Join the conversation

You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...