Federal antidumping law--hospital and physician responsibility.

National attention has been directed to the problem of "dumping" of uninsured patients upon public hospitals. Federal law addresses only transfers of emergency room patients without regard to possible financial motivation. All transfers, including those requested by patients, must meet criteria for appropriateness. A substantial proportion of confirmed violations have involved failure to adequately screen the patient for emergency conditions. Both the hospital and the physician responsible for the care of a patient who is transferred in violation of the law may be subject to Medicare sanctions, including termination or suspension from participation and fines up to $50,000 for each occurrence. Proposed regulations affirm that private practitioners who provide uncompensated emergency room services under an oral agreement may be subject to sanctions in the event of a violation.