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The Emergicenter: Has its Time Arrived?

Published online by Cambridge University Press:  28 April 2021

Extract

Skyrocketing health care costs are endemic during inflationary periods, affecting not only health care consumers, but also health care providers. Virtually all governmental policymakers recognize spiraling health care costs, but hospital costs continue to escalate faster than the general rate of inflation. In response, alternatives to the traditional physician-patient and hospital-patient relationships have experienced a dramatic resurgence in the last decade, competing for the health care dollar. Two health care alternatives, the health maintenance organizstion (HMO) and the ambulatory surgical center (surgicenter) at which minor surgical procedures can be performed on an out-patient basis. have emerged to provide health care services in a more cost-efficient manner, thereby increasing price competition in the health care sector. The most recent alternative health care system on the health care horizon is the free standing emergency center or “emergicenter.” The growth of these emergicenters within the last few years has heen dramatic—500 in existence as of March 1982.

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Article
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Copyright © 1983 American Society of Law, Medicine & Ethics

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References

Those Sky High Health Costs, Time Magazine 120(2): 54 (July 12, 1982). Nearly 10 percent of the United States gross national product is now spent on some sort of medical care, compared with 5.4 percent in 1960. Medical charges jumped a record 12.5 percent in 1981, the largest gain for any major consumer item. Id. at 55. The personal health care bill for the nation totaled $218 billion in 1980. Big Changes Ahead in How We Buy Health Care, Changing Times 36: 60 (March 1982) [hereinafter referred to as Big Changes].Google Scholar
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The centers use various names and often do not use the term “emergi” or “emergency” in their titles, because these terms may create the impression that the center can handle life-or limb-threatening emergencies, when the center is staffed, equipped, and intended to offer only primary care services. Burns, L.A. Ferber, M.S., Freestanding Emergency Care Centers Create Public Policy Issues, Hospitals 55(10): 73 (May 16, 1981) [hereinafter referred to as Burns & Ferber].Google ScholarPubMed
The first emergicenter opened in 1973, and one estimate is that there are more than 500 freestanding emergicenters currently in existence. Emergency Centers Fill Medical Void; Twenty Operate in State, Miami Herald, March 15, 1982 [hereinafter referred to as Emergency Centers Fill Medical Void]. Rapid development has occurred in Texas, Florida, and the Midwest, and most recently in New York and California.Google Scholar
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The independent, physician-owned emergicenter falls within this definition, which does not preclude the ongoing relation with a hospital through a separate contractual relation, for example, for the transfer of patients or use of laboratories. See Burns, Ferber, , supra note 6, at 73.Google Scholar
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For example, an emergicenter may be called ABC Hospital and XYZ Physicians Freestanding Emergency Center. XYZ physicians may only be leasing space from the hospital, and the hospital may have no daily control of the facility's operations. Yet, the name of the facility may plausibly be interpreted to mean that the ABC hospital owns or somehow manages the emergicenter; that the physicians from the emergicenter are on staff at the hospital; or that if further emergency care is needed, the patient will “automatically” be taken to the affiliating hospital.Google Scholar
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One who represents that another is his servant or other agent and thereby causes a third person to justifiably rely upon the care or skill of such apparent agent is subject to liability to the third person for harm caused by the lack of care or skill of one appearing to be a servant or other agent as if he were such. Restatement (Second) of Agency (1968) §267.Google Scholar
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