HCA Healthcare-owned Mission Hospital in Asheville violated requirements of the federal Emergency Medical Treatment & Labor Act, according to a letter the Centers for Medicare and Medicaid Services sent March 14 to Mission Hospital CEO Chad Patrick .
Regulators found the violations under the Emergency Medical Treatment & Labor Act, or EMTALA, based on an onsite survey in November 2023, the letter said.
These are different from other violations found at the hospital that posed “ immediate jeopardy ” to patients’ health and safety, which were under conditions of the Medicare program, according to CMS. Regulators determined the immediate jeopardy was removed after surveyors went back to the hospital Feb. 23.
The hospital has to fix all violations by June 5 to avoid losing federal funding, according to the most recent letter. That deadline gives the hospital 90 days to comply. For the hospital’s other violations, that’s an extended time period from the original date of Feb. 24.
Management must also submit another plan of correction for the newly announced EMTALA violations to CMS by March 24, said the letter.
The 1986 Emergency Medical Treatment & Labor Act requires hospitals with emergency departments to provide medical screening examinations to anyone who requests one for an emergency medical condition, according to CMS, regardless of the patient’s ability to pay.
According to an email from Mark Benton , chief deputy secretary for the state health department, this latest notice of EMTALA violations addresses the last of the issues stemming from the onsite surveys in late 2023 that worked to investigate around 90 separate complaints.
If CMS accepts the plan of correction for the EMTALA violation, regulators will go back to the facility on or before June 5 to determine whether the hospital is back in compliance, according to the federal agency.
HCA spokesperson Nancy Lindell confirmed the hospital received the latest notice and that one of the findings 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,” she wrote in a statement over email.
“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,” Lindell wrote.
HCA also had to submit a second plan of correction for previously cited deficiencies to the federal agency on March 13. CMS approved what the agency called the amended plan and addendum, according to a letter the agency sent to the hospital March 14.
Hospital management had earlier submitted its initial plan of correction to CMS detailing how it would fix violations at the hospital, which was made public Feb. 15. That plan was also approved, despite advocates saying it failed to address staffing shortages.
State Sen. Julie Mayfield , D-Buncombe, said any hospital that has been or will be under three plans of correction “clearly has issues.”Mayfield previously said the hospital should provide more staffing and resources to address the earlier noted violations, but HCA has proven unwilling to do so in the past.
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