The active terms of a hospital transfer agreement vary from case to case and must be set out in the written document. A transfer contract may have an expiry date or indicate that it remains in effect until a party terminates the contract. For billing, collection and insurance obligations, the particularities are usually essentially to protect oneself and each for himself. A robust hospital transfer agreement should require each party to maintain professional liability insurance or equivalent insurance, in order to insure its facilities and staff against claims that are made during and after the termination of the agreement. In addition, each party should be responsible for collecting its own fees for the services provided and not be held responsible for the provision of the services provided by the other party. “The transfer contract is essentially the contingency planning document,” Litka-Klein said in the letter. 15 states request hospital transfer agreement:AlabamaAlaska ArcansasConnecticutIllinoisKentuckyMississippiNevadaNew YorkNorth CarolinaOhioSouth DakotaTennesseeWashingtonWyoming Hospital industry leaders are urging cmS to drop a proposal that would eliminate the need for a written transfer agreement if an ambulant surgery center tries to take a patient to the hospital. A hospital transfer agreement should address the circumstances in which an emergency transfer is to take place, indicate who is empowered to make the decision to transfer a patient, and list the documentation that must accompany the patient to the hospital. The agreement should describe the procedure for implementing the transfer, including the assignment of roles and responsibilities to the staff of the surgical organization and prior agreements regarding the method of transport by which patients are hospitalized. While 43 states require ASD to be granted, only 30 require them to consider the possibility of outpatient emergency care. Fifteen of them are demanding that they have a hospital transfer agreement.
The others require either an agreement or hospital admission privileges for CSA surgeons. (See the “Situation” sidebar. ASCA members can access resources that break down the load reduction rule. These include a table directly showing changes to ASC coverage terms (CfCs) and a pager disasmeating states with existing requirements for medical history and physical assessments (H&Ps) and transfer agreements. The amendments will come into force on November 29, 2019. transfer agreements should clearly define the respective responsibilities of the CSA and the hospital in a number of areas, including the provision of patient information; the provision of means of transport; sharing of services, equipment and personnel; the provision of care with regard to the establishment and capacity of the Agency; and confidentiality of medical records. CMS believes that the change in the requirements of the hospital transfer agreement is appropriate due to the “low transfer burden” and the “burden that CSAs incur in the event of local hospital competition concerns”. CMS said the new rules do not prevent CSAs from “obtaining hospital transfer agreements or allowing hospital physicians to enjoy privileges if possible,” but CMS believes that such agreements with hospitals should not be explicitly necessary for an ASC`s participation in medicare and Medicaid programs. .