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Q: COBRA law and physician responsibilities ( Answered,   0 Comments )
Question  
Subject: COBRA law and physician responsibilities
Category: Miscellaneous
Asked by: hamick-ga
List Price: $2.00
Posted: 21 Mar 2003 08:58 PST
Expires: 20 Apr 2003 09:58 PDT
Question ID: 179183
Must a physician provide a written order prior to transfer of a
hospitalized patient?
Answer  
Subject: Re: COBRA law and physician responsibilities
Answered By: jeanwil-ga on 21 Mar 2003 10:06 PST
 
Hi hamick-ga,

Here are some websites with information for you.



“Transfer of patient
21—(1) Where the clinical director of an approved centre is of opinion
that it would be for the benefit of a patient detained in that centre,
or that it is necessary for the purpose of obtaining special treatment
for such patient, that he or she should be transferred to another
approved centre (other than the Central Mental Hospital), the clinical
director may arrange for the transfer of the patient to the other
centre with the consent of the clinical director of that centre.
(2) (a) Where the clinical director of an approved centre—
(i) is of opinion that it would be for the benefit of a patient
detained in that centre, or that it is necessary for the purpose of
obtaining special treatment for such a patient, to transfer him or her
to the Central Mental Hospital, and
(ii) proposes to do so,
he or she shall notify the Commission in writing of the proposal and
the Commission shall refer the proposal to a tribunal.
(b) Where a proposal is referred to a tribunal under this section, the
tribunal shall review the proposal as soon as may be but not later
than 14 days thereafter and shall either—
(i) if it is satisfied that it is in the best interest of the health
of the patient concerned, authorise the transfer of the patient
concerned, or
(ii) if it is not so satisfied, refuse to authorise it.
(c) The provisions of sections 19 and 49 shall apply to the referral
of a proposal to a tribunal under this section as they apply to the
referral of an admission order to a tribunal under section 17 with any
necessary modifications.
(d) Effect shall not be given to a decision to which paragraph (b)
applies before—
(i) the expiration of the time for the bringing of an appeal to the
Circuit Court, or
(ii) if such an appeal is brought, the determination or withdrawal
thereof.
(3) Where a patient is transferred to an approved centre under this
section, the clinical director of the centre from which he or she has
been transferred shall, as soon as may be, give notice in writing of
the transfer to the Commission.
(4) The detention of a patient in another approved centre under this
section shall be deemed for the purposes of this Act to be detention
in the centre from which he or she was transferred.
(5) In this section references to an admission order include
references to a renewal order.”

http://193.120.124.98/ZZA25Y2001S21.html

Requirements of transferring Hospital
“…Obtain patients written consent for transfer…..Provide signed
Certificate of Transfer…….’
http://www.ama-assn.org/ama1/pub/upload/mm/369/emtalafinal2.ppt


Physician Responsibilities Under the Federal Emergency Treatment ...
(PDF)
http://jcaho.mc.duke.edu/EMTALA.pdf

Patient 1st Update
http://www.medicaid.state.al.us/ABOUT/pat1st12.htm

. The Emergency Medical Treatment and Active Labor Act (42 U.S.C.S.
1395dd), the "Patient Dumping" Act.
http://www.njatty.net/focus-on-patient-dumping-act.htm

“`(d) EFFECT OF TRANSFER, DISCLOSURE- The following shall not be
treated as a waiver of any privilege or protection established under
this part:
`(1) The transfer of any patient safety work product between a
provider and a patient safety organization.
`(2) Disclosure of patient safety work product as described in
subsection (c).
`(3) The unauthorized disclosure of patient safety work product. “
http://www.theorator.com/bills108/hr663.html


Hope this helps.


Best regards,

jeanwil-ga

search words 'cobra law and physician responsibilities' 'transfer of
patient law/act"
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