Mission Hospital violated emergency treatment regulations law, Federal government says
ASHEVILLE – The federal government found that Mission Hospital violated two regulations related to an emergency department screening law, according to a March 14 letter from the Centers for Medicare and Medicaid Services released to media.
The letter, sent by CMS to Mission Hospital Chief Executive Officer Chad Patrick, found that Mission Hospital did not comply with the Emergency Medical Treatment and Labor Act. This law requires hospitals participating in Medicare contracts that offer emergency services to provide a medical screening for an emergency condition, irrespective of the patient’s ability to pay. Mission violated two violations related to this law, including a medical screening exam requirement. The report detailing the incidents that led to the violations is not yet public.
These represent the last violations from NCDHHS’ November and December investigations into 90 complaints at the facility, according to an email about the letters from NCDHHS Chief Deputy Secretary Mark Benton.
The hospital must submit a plan to federal and state regulators to come into substantial compliance with federal requirements by March 24. If Mission is not substantially compliant with the conditions for Medicare participation by June 5, the federal government may terminate its Medicare and Medicaid contract.
These new violations keep Mission on the same timeline to resolve deficiencies regarding the hospital’s governing body, patient’s rights, quality assessment and performance improvement, nursing, laboratory and emergency services. In a separate letter to Patrick, the federal government notified Mission that it accepted the facility’s plan to correct deficiencies regarding ongoing noncompliance with those six federal regulations.
"Mission Hospital received a transmittal from CMS on March 14th which was related to the initial NCDHHS survey in November 2023. One finding from the initial survey was based on a medical screening examination in the Emergency Department. This subsequent 90-day standard notice was an expected part of this process and means that specific elements of our approved plan of correction will also be examined and re-surveyed in tandem with the revisit to ensure that this EMTALA finding has been addressed," Mission Health spokesperson Nancy Lindell said in a March 15 statement.
"As we continue to state, we take these matters very seriously and have made significant process changes to improve our patient care experience. Ongoing measurement of various indicators, including EMS offload times and patient satisfaction, validates what we are hearing from our patients, providers, and EMS partners—that our care teams are excellent and significant improvement in emergency care has been recognized."
NC209495_90 Day Notice by Mitchell Black on Scribd
If the federal government accepts the hospital’s plan to correct deficiencies regarding the new emergency department violations, the North Carolina Department of Health and Human Services will survey Mission again to determine whether the hospital is complaint with EMTALA law.
The federal government will provide the hospital at least 15 days of notice if it plans to terminate Mission’s reimbursements, which the hospital can appeal.
State regulators initially notified Mission that conditions at the facility posed an immediate jeopardy to patients’ health and safety Dec. 1. CMS notified the hospital about the immediate jeopardy designation Feb. 1, meaning that conditions at Mission put patients in danger of serious injury, harm, or death. A report detailing the deficiencies included four patient deaths and violations to those six Medicare participation requirements. Investigators found that the hospital removed the immediate jeopardy conditions following a late February visit to the facility.
More: CMS: Mission still not compliant with federal regulations, at risk of losing funding
More: CMS: Mission Hospital removed 'Immediate Jeopardy' conditions; follow-up results pending
Mitchell Black covers Buncombe County and health care for the Citizen Times. Email him at mblack@citizentimes.com or follow him on Twitter @MitchABlack. Please help support local journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Mission Hospital violated emergency treatment law regulations
