Re: EMTALA

[ItsOnlyAS@aol.com]

Although EMTALA may not state this directly, the investigators are given 
interpretive guidelines to help clarify some of the language and the mode of 
transport may be taken into consideration.

In 1987, we asked a similar question to the lead EMTALA investigator for our 
region and his response was... "HCFA's requirement is that the transferring 
hospital arrange an emergent transfer, ensuring that an appropriate mode of 
transport and attendant is utilized in order to continue necessary 
stabilizing treatments during transport."

 Stephen A. Frew JD posted this on April 7, 2000 addressing the issue of a 
receiving hospital using it's own helicopter when a closer service was 
available. He stated that this situation could be an EMTALA violation.

"With two essentially equal services and a time-sensative patient, the only 
appropriate rule that could be justified to a judge and jury is -- select the 
service with the shortest RESPONSE time to this specific patient." 

Andy Swartzell, Flight Nurse 
CALSTAR