Isabella Nartey v. Franciscan Health Hospital

Equitable Aid. The Emergency Medical Treatment and Active Labor Act forbids Medicareparticipating hospitals from withholding or downgrad­ ing medical services when responding to a suspected emergency medical condition. Franciscan hospital accepts Medicare and has specialized capabilities verified by Illinois licensing. Nartey requested that Franciscan’s emergency depart­ ment identify and fix the cause of a sudden surge in blood pressure accompanied by weakness on one side. Franciscan substituted life-saving tests and omitted board-certified professionals required by its licensing. Franciscan later admitted its efforts were not for the emergency conditions this hospital diagnosed. Did Franciscan violate The Act?

Disparate Treatment. The Department of Health and Human Services decrees delay under dire medical circumstances violates Title VI of the Civil Rights Act of 1964. Nartey is ‘black” and an emergency interpreter for the Ghanian language of Twi. Franciscan lacked the neurosurgical expertise necessary to treat the stroke Franciscan diagnosed so Nartey requested transfer to a higher-level hospital. Franciscan waited six days to act on Nartey’s request. Franciscan then refused to se­ lect the stroke center in Franciscan’s written transfer agreement(s) which guaranteed available beds. Did Franciscan’s adverse acts violate Title VI?