EMTALA

The law has ensured that all patients can receive the emergency care they need, which has transformed the ED into society's de facto safety net - Eric Maughan MD

EMTALA
EMTALA

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EMTALA: Things You Never Knew (or Never Thought to Ask)

EMTALA transformed the ED from a place strictly for emergencies into America's safety net. The requirement to treat everyone before getting payment (and often never getting payment) has not only contributed to ED overcrowding, but also imposed a huge burden of uncompensated care upon hospitals – to the tune of billions of dollars each year. There is no provision in EMTALA to address this unintended consequence, in effect making it the largest unfunded mandate ever imposed on the health care sector. However, EMTALA also established health care as a right for all people, not a privilege afforded only to the rich. It has additionally saved countless lives by preventing the transfer or rejection…

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 EMTALA: Things You Never Knew (or Never Thought to Ask)

We all know the basic tenets of this legislation: provide medical screening exams, stabilize emergency medical conditions, transfer to a higher level of care as appropriate — and do all this without regard to ability to pay. But what about the finer points of this complex law?

Emergency Medical Treatment & Labor Act (EMTALA)

In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay. Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer should be implemented.

Overview of the Emergency Medical Treatment and Active Labor Act (EMTALA) and Emergency Abortion Services

The Emergency Medical Treatment and Active Labor Act (EMTALA, largely codified in Section 1867 of the Social Security Act, 42 U.S.C. § 1395dd) is a federal law that generally compels Medicare-participating hospitals to provide emergency care to any individual, irrespective of an individual’s ability to pay. Enacted in 1986 amid reports of hospital emergency rooms refusing to treat poor or uninsured patients, the Act requires hospitals, as a condition of federal Medicare funding, to provide services to any individual presenting at an emergency department or face potential enforcement action.

Certification and Compliance For The Emergency Medical Treatment and Labor Act (EMTALA)

The provisions of EMTALA apply to all individuals (not just Medicare beneficiaries) who attempt to gain access to a hospital for emergency care. The regulations define “hospital with an emergency department” to mean a hospital with a dedicated emergency department.

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