If You're Homeless And Without Insurance In LA, Your Next Stop After The ER Is Skid Row
MayorBob.
Posted to Etcetera on Mon Nov 20, 2006 at 01:24:38 PM EST (promoted by port1080). RSS.
Patient dumping is a technique some hospitals use to divert insurance-challenged patients away from their highly profitable emergency rooms and services. Essentially, it's a case of "no room at the inn" at the nice, shiny for profit medical center here, so you shuffle the patient off to the run-down, less shiny hospital over there. Upon discharge from whatever medical facility, patients ought to expect some sort of release to an environment where their physical safety doesn't immediately become an issue. In what has become a major scandal it seems that a nasty variation of patient dumping has emerged in Los Angeles - sending patients directly from the emergency room or hospital to the mean streets of the city's skid row. For the first time, a major hospital chain has been formally charged for this practice.
LA City Attorney Rocky Delgadillo filed civil and criminal charges (pdf doc) against Kaiser Permanente. The criminal charges involve the treatment of a 63-year-old woman, suffering from dementia, who was discharged from a Kaiser hospital and allowed to wander skid row in her hospital gown. The civil charges were brought for Kaiser's violations of the California Business and Professions Code for its treatment of homeless patients and failure to properly follow state law regarding patient discharge planning. According to Delgadillo:
"We seek to end the inhumane and illegal practice. We believe this is the right action to take and it speaks to this region's values. We are in the right place at the right time to hold Kaiser accountable."Kaiser responded with shock at being charged. Kaiser spokesperson Diana Bonta said she "can't understand" why the charges were brought. She said "as soon as we heard about it" they began changes in their policies as well as a dialogue with the city attorney office. She also indicated that Kaiser had begun "working with" homeless agencies. But, some facts might strike at the heart of Bonta's statement that Kaiser began doing the right thing "as soon as" they heard about the skid row dumping. It turns out that several months lapsed from the incident, which is the basis of the criminal complaint, and any actions taken by Kaiser. Added to this is the fact that prosecutors have been investigating skid row dumping over many months, involving as many as ten hospitals, leading to at least 15 potential cases.
Although some people accuse Delgadillo of grandstanding, some legal experts believe his choice in filing both criminal and civil complaints, while "creative lawyering," might be successful. The exact same tactic was used to go after slumlords. Successful criminal conviction would involve Kaiser Permanente being placed on probation which would restrict some of their medical practices and could adversely affect their bond ratings as well as ratings by medical associations. Civil penalties call for a fine of at least (US)$2,500 for each infraction. But, because the cases have drawn the attention of the ACLU, it seems likely that further civil (and potentially more expensive) charges may be pressed.
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