It is assumed that an initiative effort was undertaken when the nursing home exhausted all reasonable means and took all necessary and proportionate steps to reach an agreement with a hospital close to the facility, which is close enough to the facility to ensure the safety and order of the transfer of residents. The Ohio Regulation is representative of the first group and states that a CSC “must have a written transfer agreement with a hospital for the transfer of patients in case of medical complications, emergencies and other needs when they occur.” On the other hand, according to texas regulations, a CSC has “a written transfer contract with a hospital, where all CSA operated physicians have admission privileges at a local hospital.” Residents are transferred from the hospital to the hospital and are admitted to the hospital in a timely manner if the transfer is medically appropriate, as defined by the attending physician or, in an emergency, by another physician, in accordance with the institution`s policy and in accordance with national law; And for billing, collection and insurance obligations, the peculiarities are usually to protect oneself and each for oneself. A strong hospital transfer contract should require each party to maintain professional liability insurance or equivalent liability insurance to cover its facilities and staff against claims made during and after the termination of the contract. In addition, each party should be responsible for collecting its own fees for the services provided and should not be held responsible for the collection of services provided by the other party. Transfer agreements must clearly define the respective responsibilities of the CSA and the hospital in a number of areas, including the transmission of patient information; Providing transportation; Sharing services, equipment and staff Providing care for agency setting and capacity; and the confidentiality of patient records. 15 States Require Hospital Transfer Agreement:AlabamaAlaskaAransasConnecticutIloiresIllinoisMississippiNevadaNew YorkNorth CarolinaOhioSouth DakotaTennesseeWashingtonWyoming Surgical Centers continue to push the CMS to eliminate the need for a transfer agreement. They argued that even if hospitals grant the agreements, they use them to control the centres inappropriately. Florida deals with the subject from the point of view of medical qualifications. If a physician is not allowed to perform his ASC procedures in a hospital at a reasonable distance, a transfer contract must be concluded in advance. And Georgia notes that hospitals “will not unduly reject a transfer agreement to the CSA.” The active conditions of a hospital visit vary from case to case and must be defined in the written document. A transfer agreement may have an expiry date or it may indicate that it will remain in effect until a party terminates the contract.
Some states require that the hospital with which the CSA arranges transfers be within a period of CSA travel. Illinois and Mississippi, for example, indicate 15 minutes, while Oklahoma indicates 20 minutes and Florida 30 minutes. Supporters of the hospital say they fear that a removal of the requirement could put patients at risk. In emergency situations, when a patient needs to be transferred from a CSA to a hospital, the host hospital must quickly know the details of the moving patient, such as the type of operation performed, the anesthesia used and the problems encountered, Marilyn Litka-Klein, vice president of the Michigan Health Hospital Association, said in a commentary.