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Chris Trevino, Ph.D./ M.D.
Medical Director,
St. Elizabeth Hospital Emergency Department

Is it an emergency?
The Prudent Layperson Law

A visit to the emergency department can be a very stressful experience. Injury and/or illness combined with the fear of the unknown can create tremendous anxiety in patients and their families. This fear of the unknown should not include whether the health insurance company will pay for the patient's visit to the emergency department.

A common question that is asked by patients who go to the emergency department is, "Would you please contact my insurance company to see if it is ok for me to come to the emergency department", or "Our insurance company uses a different hospital as the preferred provider, is it ok to be seen in this emergency department"?

The answers to these questions are: first, we need to take care of the patient and determine if a true medical emergency is present and if so, then quickly begin treatment. Secondly, patients in the state of Louisiana should be aware of the Prudent Layperson Law (Effective 8/15/97, R.S. 22:657 (D) (2)).

In 1997, the Louisiana legislature passed the Prudent Layperson Law. In simplest terms, this law states that:

Insurance companies cannot deny claims for payment made by any person who feels that they are having a medical condition that may be an emergency and who seeks the care of an emergency department. This includes conditions that are later determined to be non-emergent. This law applies to all insurance companies and any emergency department in the state of Louisiana. Therefore, even if the emergency department is not the preferred provider for a particular insurance company, payment for the visit to the emergency department cannot be denied.

The Louisiana legislature realized that patients who believe they have an emergency medical condition should seek medical care from the closest or most appropriate facility, and not attempt to drive across town to the preferred provider's facility, potentially delaying care to the patient.

An emergency medical condition is any condition that an average person feels that without medical attention they could expect their condition to deteriorate to serious disability, injury or death.

Patients often have difficulty knowing if they should go to an emergency department for an exam and treatment. Some conditions such as difficulty breathing may be obvious to patients that they should seek medical attention. Other conditions like fever or abdominal pain may not be so obvious. If an emergent medical condition is suspected then there should be no delay in seeking medical attention.

Seek emergency medical care immediately if the following warning signs are seen:

  • Chest pain lasting 2 minutes or more
  • Uncontrolled bleeding
  • Sudden or severe pain in any part of the body
  • Coughing or vomiting blood
  • Difficulty breathing or shortness of breat
  • Sudden dizziness, weakness or change in vision
  • Severe of persistent vomiting or diarrhea
  • Change in mental status, such as confusion, difficulty in waking someone.
  • Upper abdominal pain or pressure
  • Fainting
  • Suicidal or homicidal feelings

If you have any questions regarding emergency medical services in Ascension Parish please call St. Elizabeth Hospital Emergency department (225-647-5000), or consult your primary care doctor.

St. Elizabeth is the premiere emergent care facility in Ascension Parish. It is open 24 hours a day with highly trained doctors and nurses who are committed to the health and safety of the residents of Ascension Parish.

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Metairie, LA 70002

1.504.833.7770

 

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