Q&A: Reporting Other Adjudicated Actions or Decisions
The OIG pursued civil money penalties against a hospital for allegedly failing to provide an appropriate medical screening examination and stabilizing treatment. The patient was told to go home and follow orders from his primary care provider. Two days later, the patient went to another hospital's emergency department, was admitted to the intensive care unit, and then died due to H1N1 influenza. The first hospital agreed to pay $25,000 to settle its liability for civil money penalties under the Emergency Medical Treatment and Active Labor Act. The settlement did not include any findings or admission of liability by the hospital. Should this action be reported?
No. Settlements in which no findings or admissions of liability have been made are statutorily excluded from being reported to the NPDB. Therefore, the OIG should not report the payment made as part of a settlement in which there was no finding of liability. However, if the OIG had taken an action in conjunction with this settlement, and the action otherwise met NPDB reporting requirements (e.g., an exclusion from participation in federal health care programs), that action must be reported.