Report No. 201

Sub- section (e):Recipient hospital's responsibilities:

A particular hospital that has specialized capabilities or facilities (including, but not limited to, facilities such as burn units, shock-trauma units, neonatal intensive care units, or (with regard to rural areas) regional referral centres) may not refuse to accept from a referring hospital within the boundaries of the United States an appropriate transfer of an individual who requires such specialized capabilities or facilities if the receiving hospital has the capacity to treat the individual.

Section (f): Termination of provider agreement: If a hospital fails to meet the requirement of section (a) to (e), the HCFA may terminate the 'provider agreement' in accordance with section 489.

Section (h): Off Campus Departments: If an individual comes to a facility or organization that is located off the main hospital campus but has been determined to be a department of the hospital and a request is made on the individual's behalf for examination or treatment of a potential emergency medical condition as otherwise described in section (a), the hospital is obligator, in accordance with the rules, to provide the individual with an appropriate medical screening examination and any necessary stabilizing treatment or an appropriate transfer.

(1) Capability of the hospital: The capability of the hospital includes that of the hospital as a whole, not just the capability of the off-campus department. Except for cases described in para (i)(3)(ii), the obligation of a hospital under this section must be discharged within the hospital as a whole. However, the hospital is not required to locate additional personnel or staff to off-campus departments to be on standby for possible emergencies.

(2) Protocols for off-campus departments

(3) Movement or appropriate transfer from off-campus departments"