|Survey Date: 5/24/2010|
Regulation Title: GOV-TRANSFER AGREEMENT W/HOSP FOR INPT CARE
Regulation Description: (3) The dialysis facility must have an agreement with a hospital that can provide inpatient care, routine and emergency dialysis and other hospital services, and emergency medical care which is available 24 hours a day, 7 days a week. The agreement must:
(i) Ensure that hospital services are available promptly to the dialysis facility ' s patients when needed.
(ii) Include reasonable assurances that patients from the dialysis facility are accepted and treated in emergencies.
Based on review of the facility's "Patient Transfer Agreement Pursuant To EMTALA"(Emergency Medical Treatment And Active Labor Act) it was determined the facility failed to have an updated, effective transfer agreement with a hospital. Specifically, the agreement in pertinent part, stated: 1. TERM. "This agreement shall be affective from the date stipulated in the first sentence of this Agreement for a period of one (1) year and shall be automatically renewed for successive one (1) year periods, not to exceed a total of five (5) years." The effective date on the agreement was September 15th, 2001. An updated agreement was not provided by the facility.
Facility Plan of Correction:
A new Hospital Transfer Agreement was drafted by DaVita legal department and sent to the CEO’s of XXX1 and XXX2 hospitals. The Agreement from XXX1 Hospital has been signed by the ROD and CEO and forwarded back to legal for full execution. We are still awaiting Agreements from CEO of XXX2 Hospital as of this date.