1. Parties. The Parties to this Settlement Agreement (Agreement) are
the Office ofInspector General (OIG) ofthe United States Department of
and Human Services (HHS) and Dallas County Hospital District d/b/a ParklandHealth and Hospital System in Dallas, Texas (Respondent).
2. The Hospital is a Participating Provider. Respondent is a
participating hospital that has entered into a provider agreement under section
1866 of the Social Security Act (Act) and has an emergency department.3. Description ofSection 1867 of
the Act. The Emergency Medical
Treatment and Labor Act (EMTALA) requires that a participating hospital with anemergency department must provide, upon request, an appropriate medical
screening examination, within the capability of
the hospital's emergencydepartment, to determine whether an emergency medical condition exists, as
defined in section 1867(e)(l) ofthe Act. 42 U.S.C. § 1395dd. If
an individual has
an emergency medical condition, the hospital must provide, within the capabilitiesof the staff and facilities available at the hospital, treatment to stabilize thecondition, unless a physician certifies that the individual should be transferredbecause the benefits of medical treatment elsewhere outweigh the risks associated
with transfer.4. Description ofCivil Monetary Penalty. Section 1 867(d)(1)(A) of
Act provides that "(aJ participating hospital that negligently violates a requirement
this section is subject to a civil money penalty of
not more than $50,000 (or not
more than $25,000 in the case of a hospital with less than 100 beds) for each such
5. Covered Conduct. The OIG conducted an investigation regarding
allegations that Respondent had violated section 1867 of the Act. Based on its
investigation, the OIG alleges that Respondent violated the requirements of
section 1867 of
the Act on September 19-20, 2008, when Respondent failed toprovide an appropriate medical screening examination and stabilizing treatment
for patient M.H.
Specifically, M.H., a 58-year-old cardiac diabetic patient, presented at
Respondent's emergency department with severe (10/10) abdominal pain. M.H.
was triaged and, after waiting for approximately 15 hours in Respondent'semergency department waiting room, Respondent's medical personnel conducted
M.H.'s history and physical examination. The physician determined that M.H.
required an EKG, laboratory studies, and imaging. Respondent did not perform an