Articles - Medical Malpractice

Complaint at Wesley over emergency care ::
(11 18, 2005)

Wichita Eagle, The (KS)
February 9, 2001
Section: LOCAL & STATE
Edition: main
Page: 9A
BY RON SYLVESTER

STATE, FEDS LOOK INTO COMPLAINT AT WESLEY -- A MAN WITH CHEST PAINS DIED BECAUSE HE HAD TO WAIT TOO LONG FOR TREATMENT, HIS FAMILY SAYS. OFFICIALS WANT TO KNOW WHY.

Federal and state health officials are looking into Wesley Medical Center for possible violations of a law governing the care of emergency patients. Officials with the Kansas Department of Health and Environment said they expect to deliver their report next week to the federal Health Care Financing Administration. HCFA, which oversees government Medicare and Medicaid programs , could take as long as 60 days to determine if any violations occurred.

The probe apparently involves the treatment of a Wichita man whose family is suing the hospital saying he died of a heart attack after being kept waiting in the Wesley Emergency Trauma Center for more than an hour and a half.

The family of Richard Lee told The Eagle last month that when the 55-year- old former smoker went to the Wesley emergency room in January 2000 complain ing of chest pains, he was told to wait while hospital employees verified his insurance. He died one minute after being taken to an examination room, hospital records show.

The Emergency Medical Treatment and Labor Act, commonly known as the patient dumping law, prohibits hospitals and doctors from turning away or delaying medical treatment for patients needing urgent care because of lack of insurance coverage or inability to pay.

Carl Fitch, chief executive at Wesley, said he welcomes the evaluations, which he said Wesley sees a couple of times each year.

"These reviews help set the record straight," Fitch said. "These inspecti ons are objective. If they find anything wrong, we'll fix it. It's good for the hospital, it's good for the community, and it's good for the patients."

For violations, a hospital can be fined or can lose its license to receive Medicare and Medicaid benefits.

But an HCFA official in Washington said the agency rarely, if ever, lifts a license because that would force hospital to close their doors and leave communities short of medical care.

Instead, HCFA stresses correcting problems.

Of the thousands of hospitals in the United States, HCFA conducts 300 to 500 investigations into patient dumping each year. Of those, about 200 generate action to bring the hospital into compliance. A small percentage face further sanctions.

The Office of the Inspector General - the enforcement arm of the U.S. Department of Health and Human Services - may impose fines of $20,000 on hospitals with fewer than 100 beds and up to $50,000 for larger hospitals.

The law says hospital must provide prompt medical screenings to anyone with symptoms of an urgent or life-threatening condition, including women in labor.

The screening must be performed before asking about a person's insurance or ability to pay the hospital bill. The law says that in case of inadequate staff or facilities, patients must be transported to an appropriate hospital.

But the patient must be in stable condition before a hospital can direct a patient elsewhere or stop to ask for verification from insurance or managed care companies.

When HCFA learns of a possible violation, it gives the state five days to investigate.

Beth Voorees, director of medical facilities for the Kansas Department of Health and Environment, said her staff checks about a dozen complaints across the state each year.

"We just collect information and send it to HCFA," Voorees said. "They make the final call."

During such investigations, employees can give information without fear of retribution because they are covered under federal whistle-blower protections.

If a violation turns up, the agency issues a report requiring the hospital to devise a plan to comply with the law. Deadlines for action are 90 days for minor infractions and 23 days for violations that threaten the health of safety of other patients. Investigators then drop in for follow-up visits.

Fitch said Thursday he remained confident authorities would find no inappropriate action by Wesley.

Reach Ron Sylvester at 268-6514 orrsylvester@wichitaeagle.com.

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