Asheville’s Mission Hospital has violated the Emergency Medical Treatment & Labor Act (EMTALA), the federal Centers for Medicare & Medicaid Services told the hospital’s CEO on Thursday, again threatening to withdraw the system’s federal funding, according to a letter obtained by Asheville Watchdog.
EMTALA ensures public access to emergency services regardless of ability to pay. It requires Medicare-participating hospitals to provide a medical screening when a request is made for examination or treatment for an emergency condition, according to CMS.
The letter from CMS to Chad Patrick, CEO of HCA Healthcare-owned Mission, said the hospital failed to comply with federal standards on medical screening exams. The violations stem from an investigation conducted by state and federal surveyors in November, according to the CMS letter.
Mission must submit a plan of correction for the EMTALA violations by March 24, according to the CMS letter. Unless Memorial Mission Hospital and Asheville Surgery Center have achieved substantial compliance within 90 days of the notice, the Medicare provider agreement between Memorial Mission Hospital and Asheville Surgery Center and the Secretary of the Department of Health and Human Services may be terminated.
The 90-day notice was described as an expected part of the process by Mission Health spokesperson Nancy Lindell. Lindell stated that specific elements of the approved plan of correction will be re-surveyed to ensure that the EMTALA finding has been addressed.
EMTALA violations, also known as “patient dumping,” are considered extremely serious. Hospitals found in violation may face fines reaching up to $100,000 per violation, as well as civil lawsuits from patients or other hospitals. Earlier this month, UNC Health Chatham Hospital entered a settlement agreement with the federal Office of the Inspector General for similar violations.
This latest threat to Mission’s federal funding comes on the heels of compliance issues related to numerous deficiencies that also need to be addressed by June 5. CMS approved Mission’s plan of correction for these deficiencies.
Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. The investigative reporter, Andrew R. Jones, can be reached via email.
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