Temple University v. Americhoice of Penn., Inc.,
No. 2283, CONTROL 041244 (Pa. Ct. Com. Pl. Sept. 17, 2001)
The
Pennsylvania Court of Common Pleas was asked to determine an HMO's obligation
to pay for treatment given to a patient in an out of network emergency room
after the patient had been stabilized. The court ruled that EMTALA was silent
about a hospital's duty after a patient was stabilized. The court further found
that the state's Quality Health Care Accountability and Protection Act did not
require a hospital to transfer a patient to an in-network provider after stabilization.
Rather, transfer under these circumstances was permissive. Thus, the court ruled
that it did not have authority to grant the hospital a declaratory judgment
that the hospital was entitled to payment from the HMO.