Providing Emergency Medical Services

The bill requires an emergency department including a labor and delivery department, hospitals, freestanding emergency departments, and community clinics (facility) to provide emergency medical services to a patient person who presents to the emergency department facility when the person requests or a request is made on the person's behalf for emergency medical services .

For each person who presents to an emergency department for treatment a facility and requests emergency medical services or a request is made on the person's behalf for emergency medical services , the bill requires the emergency department facility to input into a central log whether the person refused treatment or was denied treatment, whether no treatment was required, or whether the person was transferred, admitted and treated, stabilized and transferred, or discharged.

The bill prohibits an emergency department a facility from denying or discriminating in providing emergency medical services to a patient because of certain characteristics for a discriminatory or unlawful reason . The bill requires an emergency department to implement a protocol to ensure a health-care provider is available at all times who is willing and able to provide emergency medical services; except that a health-care provider is not required to provide emergency medical services if the emergency medical services conflict with the health-care provider's sincerely held religious beliefs. The bill prohibits an emergency department from taking any adverse action against a health-care provider who provides or refuses to provide emergency medical services. The bill prohibits a facility from penalizing or taking adverse action against a health-care provider for refusing to transfer a patient with an emergency medical condition that has not been stabilized.

The bill prohibits an emergency department from inquiring a facility from delaying providing emergency medical services to a person in order to inquire about a patient's the person's ability to pay for emergency medical services until after the services have been rendered .

The bill prohibits an emergency department a facility from transferring or discharging a patient with an emergency medical condition unless certain conditions are met. An emergency department A facility or health-care provider does not violate the bill requirements if certain conditions are met.

The bill authorizes the attorney general to bring a civil action to seek injunctive relief or a civil penalty not to exceed $50,000 against an emergency department or examining health-care provider who department of public health and environment to investigate a facility that negligently violates the requirements of the bill. The bill creates a private right of action for a person who suffers personal injury by an emergency department. A physician who negligently violates the bill engages in unprofessional conduct and is subject to professional discipline. If a civil monetary penalty is imposed, the bill requires the maximum civil monetary penalty to be reduced by any civil monetary penalty imposed pursuant to the federal "Emergency Medical Treatment and Active Labor Act" for the same violation.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)