Any patient whose condition constitutes a medical emergency and any woman who is in labor, who goes to an emergency room of a hospital and is denied medical assistance for being unable to pay for medical services, or is transferred to another hospital in violation of the provisions of this chapter, may file a complaint, within the term of one (1) year, before the Physicians’ Examining Board or the Deputy Secretary’s Office for the Health Facilities Regulation and Accreditation, against the person, physician or hospital where this situation has occurred, as the case may be. The Secretary of Health shall design an official form which shall be available in all emergency, first aid and stabilization rooms, in order to expedite the filing of complaints by the patient. Said complaints may be filed by the patient or an authorized representative.
The Department of Health shall investigate all complaints filed. Should the outcome of the investigation indicate that there has been a probable violation of the provisions of this chapter, the case shall be referred to the Secretary of Justice to prosecute the corresponding action.
History —June 28, 1994, No. 35, § 5, eff. 60 days after June 28, 1994.