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Liability And Postponing Procedures

LHA Trust Funds provides information that discusses the liability associated with postponing procedures, exceptions to this notice, and how the importance of documentation to justify this decision.

LDH issued an update to its March 18, 2020 memo restricting elective medical and surgical procedures. The updated Memorandum from LDH released March 21, 2020, directs that all “medical and surgical procedures” SHALL be postponed until further notice. The only exceptions are procedures needed to treat an emergency medical condition, as defined in the memorandum, or to “avoid further harms from underlying condition or disease.” View the updated memorandum here.

The directive also applies to other healthcare services, essentially stating that appointments should be completed by telehealth if possible. Providers are to use their “best medical judgment” in determining if such healthcare services can be postponed for 30 days.

Robert Robison, Jr. of Watson, Blanche, Wilson & Posner advises LHA Trust Funds members that all hospitals and providers should now document that medical and surgical procedures provided are to treat a documented emergency medical condition, with the words “emergency medical condition” used where appropriate.

Additionally, a provider may need to document that a procedure is required to avoid further harm to a patient due to an underlying condition. If this option is used to justify a procedure, providers should thoroughly document the potential consequences to the patient had the procedure been postponed.

If a planned procedure is postponed, it should be documented that, in the physician’s professional medical opinion:

  • There is no emergency medical condition.
  • There will be no further harm from an underlying condition or disease. (where appropriate)

Providers of other healthcare services, such as mental health counseling, may want to document that in his or her “best medical judgment,” procedures cannot be safely postponed for thirty days.

These actions are being taken to help protect the health and safety of all citizens and to conserve valuable resources for those who are in most need. Thank you for your commitment to the health and safety of our communities.