I have taken some time to gather official responses from the If You Don’t Want A Sarcastic Answer Don’t Ask An Oklahoma Girl A Stupid Question Shirt and Office of the Attorney General. Please take a moment and review these corrections of recent misstatements from people urging you to vote no. The ballot initiative has a patient acuity tool built into it that allows a nurse discretion at any time.The fine is up to $25,000 and could be zero if made in good faith. The only certainty of a determination of a violation is a written statement of corrective action. The HPC has to promulgate the rules for assessment of the fines so no one can be for certain how that will work out. The intention of the bill is to not punish a hospital who is trying to staff safely but to make accountability for hospitals who disregard safe staffing. I know this for a fact because I reached out to the HPC directly. This is the email response. “Good afternoon,Thank you for contacting the Health Policy Commission. You asked about potential civil penalties that may be assessed under the proposed Initiative Petition for a Law Relative to Patient Safety and Hospital Transparency.
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Because the proposed initiative has not yet been enacted, the HPC cannot provide any official interpretation of or clarifications regarding the initiative, until such time as the HPC promulgates regulations or makes other determinations about implementation.If the proposed initiative becomes law, the Attorney General’s Office would administer the law regarding civil penalties. Should you have any additional questions, please contact the Massachusetts Attorney General’s Office at (617) 727-2200.”A laboring woman would not be turned away or diverted/transferred by ambulance. EMTALA is a federal law that provides protections for patients especially in this situation. The acronym is Emergency Medical Treatment and Active Labor Act. Hospitals are required to treat people presenting in an ER and stabilize the personif the have an urgent medical condition. This is regardless of race, sex, orientation, lack of insurance or state law regarding safe patient limits. Hospitals will be subject to multi million dollar lawsuits and fines over $100,000 from the Centers for Medicare and Medicaid for violations of the EMTALA resulting in deaths. As far as basic risk management for financial liability of these incidents are concerned the most reasonable expectation is for a hospital to take patients if they are exceeding limits and make a statement of corrective action for the If You Don’t Want A Sarcastic Answer Don’t Ask An Oklahoma Girl A Stupid Question Shirt.