FacilitiesTransfer Agreements

Section § 1798.170

Explanation

This section allows a local EMS agency to create protocols for quickly sending patients to the right medical facilities, whether they are inside or outside the agency's area. When choosing these facilities, three main factors should be considered: the hospital's ability to provide emergency services regardless of a patient's ability to pay, the hospital's procedures for examining and evaluating emergency patients, and the hospital's adherence to local EMS rules and agreements.

A local EMS agency may develop triage and transfer protocols to facilitate prompt delivery of patients to appropriate designated facilities within and without its area of jurisdiction. Considerations in designating a facility shall include, but shall not be limited to, the following:
(a)CA Health & Safety Code § 1798.170(a)  A general acute care hospital’s consistent ability to provide on-call physicians and services for all emergency patients regardless of ability to pay.
(b)CA Health & Safety Code § 1798.170(b)  The sufficiency of hospital procedures to ensure that all patients who come to the emergency department are examined and evaluated to determine whether or not an emergency condition exists.
(c)CA Health & Safety Code § 1798.170(c)  The hospital’s compliance with local EMS protocols, guidelines, and transfer agreement requirements.
local EMS agency triage protocols transfer protocols ...

Section § 1798.172

Explanation

This law requires local Emergency Medical Services (EMS) agencies to create rules for hospitals to follow when transferring patients between facilities. These rules should consider public input and include specifics on patient care, interhospital care needs, and logistics for transferring and monitoring patients.

Additionally, a hospital cannot transfer a patient to another facility for nonmedical reasons unless the receiving facility has agreed to accept the patient beforehand.

(a)CA Health & Safety Code § 1798.172(a)  The local EMS agency shall establish guidelines and standards for completion and operation of formal transfer agreements between hospitals with varying levels of care in the area of jurisdiction of the local EMS agency consistent with Sections 1317 to 1317.9a, inclusive, and Chapter 5 (commencing with Section 1798). Each local EMS agency shall solicit and consider public comment in drafting guidelines and standards. These guidelines shall include provision for suggested written agreements for the type of patient, initial patient care treatments, requirements of interhospital care, and associated logistics for transfer, evaluation, and monitoring of the patient.
(b)CA Health & Safety Code § 1798.172(b)  Notwithstanding subdivision (a), and in addition to Section 1317, a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 shall not transfer a person for nonmedical reasons to another health facility unless that other facility receiving the person agrees in advance of the transfer to accept the transfer.
EMS agency guidelines hospital transfer agreements patient care logistics ...