Page:United States Statutes at Large Volume 103 Part 3.djvu/180

 103 STAT. 2248 PUBLIC LAW 101-239—DEC. 19, 1989 trauma units, neonatal intensive care units, or (with respect to rural areas) regional referral centers as identified by the Secretary in regulation) shall not refuse to accept an appropriate transfer of an individual who requires such specialized capabilities or facilities if the hospital heis the capacity to treat the individual. "(h) No DELAY IN EXAMINATION OR TREATMENT. — A participating hospital may not delay provision of an appropriate medical screen- ing examination required under subsection (a) or further medical examination and treatment required under subsection (b) in order to inquire about the individual's method of payment or insurance status. "(i) WHISTLEBLOWER PROTECTIONS.— A participating hospital may not penalize or take adverse action against a physician because the physician refuses to authorize the transfer of an individual with an emergency medical condition that has not been stabilized.". (g) CHANGE IN "PATIENT" TERMINOLOGY.— (1) Subsection (c) of such section is amended— (A) by striking "PATIENT" and inserting "INDIVIDUAL", and (B) by striking "a patient" "the patient", "patient's", and ^,,, [ "patients" each place each appears and inserting "an individual", "the individual", "individual's ", and "individ- uals", respectively. (2) Subsection (e)(5) of such section is amended by striking "a patient" each place it appears and inserting "an individual". (h) CLARIFICATION OF "EMERGENCY MEDICAL CONDITION" DEFINI- TION. — (1) IN GENERAL.— Subsection (e) of such section (as amended by section 6003(g)(3)(D)(xiv)) is amended— (A) in paragraph (1), by striking "means" and all that follows and inserting the following: ' "means— "(A) a medical condition manifesting itself by acute symp- • ^ toms of sufficient severity (including severe pain) such that ^ the absence of immediate medical attention could reason- • ably be expected to result in— "(i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy, "(ii) serious impairment to bodily functions, or "(iii) serious dysfunction of any bodily organ or part; 1 or "(B) with respect to a pregnant women who is having contractions— "(i) that there is inadequate time to effect a safe transfer to another hospital before delivery, or "^^ -^^ "(ii) that transfer may pose a threat to the health or • safety of the woman or the unborn child."; (B) by striking paragraph (2); ^.- (C) in paragraph (4)(A)— (i) by inserting "described in paragraph (I)(A)" after " emergency medical condition", (ii) by inserting "or occur during" after "likely to result from", (iii) by inserting before the period at the end the following: ", or, with respect to an emergency medical

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