San Mateo Medical Center (CA, 2019) was found to be in EMTALA violation for allowing a patient to be transferred via private vehicle while presenting with abdominal pain, vaginal bleeding, and vaginal discharge while 25 weeks pregnant. The MSE was not performed because the ED physician did not perform a vaginal exam and failed to determine if the patient was in labor. Patient delivered in her car and the baby died. Settlement was $20,000.
Research Medical Center (MO, 2016) settled for $360,000 for an EMTALA violation for a psychiatric patient who was transferred by private vehicle and decided to exit the vehicle enroute to the psychiatric facility causing their death.
There are currently 3 cases I'm aware of that are from 2021/2022 that involve patients being transferred by private vehicle who decompensated enroute. I'm not at liberty to discuss these cases due to ongoing issues, but I can try to circle back around when the issues are settled with CMS/OIG. One is only very very recent and just had their Entrance Conference with CMS.
For the record, CMS does NOT consider private vehicle transportation an appropriate mode of transportation for an EMTALA transfer. If a patient refuses on his or her own accord, then that is different and should be clearly documented.
In order to be in compliance with 42 CFR §489.24, the CMS SOM Interpretative Guidelines specifically state: "Ensure that the transfer of an unstabilized individual is effected through qualified personnel and transportation equipment, including the use of medically appropriate life support measures." Keep in mind, you're pretty much NEVER transferring a stabilized patient in the eyes of CMS. Stable by us and stable by CMS are on totally different concepts.
On another note, the interpretive guidelines also state: "A hospital is required to report to CMS or the State survey agency promptly when it suspects it may have received an improperly transferred individual. Notification should occur within 72 hours of the occurrence. Failure to report improper transfers may subject the receiving hospital to termination of its provider agreement." In other words, if a transferring facility violates EMTALA and the receiving facility doesn't report it, the receiving facility could risk termination of its CMS participation if CMS finds out about it. This is even more important now that patients can report EMTALA violations.