Testimony of Professor Katharine Van Tassel, Patient Dumping Briefing, U.S. Commission on Civil Rights, Panel III: Scholars Panel
U.S. Commission on Civil Rights, Patient Dumping Briefing (March 14, 2014)
19 Pages Posted: 6 Jan 2018 Last revised: 17 Aug 2020
Date Written: March 14, 2014
Abstract
Chairman Castro and other esteemed members of the Commission, thank you for inviting me to submit this written statement on the very important issue of the effectiveness of the Emergency Medical Treatment and Labor Act in preventing the practice of "patient dumping." Patient dumping refers to the situation where hospitals, states and/or localities prematurely discharge or transfer certain patients in need of emergency care, typically uninsured, mentally disabled, and minority individuals.
My name is Katharine Van Tassel. I am a Professor of Law at the University of Akron School of Law where I am also the Director of the Public Health Law & Science Center and the Health Law Program. One of my main areas of research involves the legal standards that are used to measure healthcare quality, cost, and equal access. My Statement is directed to two of the four topics that the Commission has asked the panel of academics to speak upon:
(1) "what policies are in place to detect potential violations of the law"; and,
(2) "whether hospital policies governed by the Act should be revised to ensure the protection of patient's rights."
For your convenience, this Statement starts with an overview of its basic points in a two-page question and answer format.
Keywords: EMTALA, Emergency Medical Treatment and Active Labor Act, inequality, patient dumping, Affordable Care Act, Medicare, Medicaid, discrimination, health law, medical malpractice, emergency care, access to healthcare, bias in healthcare
JEL Classification: I1, I00, I10, I12, I13, I14, I18, K13, K32, K41
Suggested Citation: Suggested Citation