Title: EMTALA, the Emergency Medical Treatment and Labor Act
Headings: EMTALA: The Emergency Medical Treatment and Labor Act
EMTALA: The Emergency Medical Treatment and Labor Act
Emergency Rooms Must Screen and Stabilize Regardless of Ability to Pay
Legal Duties of Hospitals Under the EMTALA Law
EMTALA Does Not Provide Free Care

Content: Most US hospitals participate in Medicare so that in effect the law covers virtually all hospitals. EMTALA is contained within the Consolidated Omnibus Budget Reconciliation Act (COBRA) and falls under the auspices of CMS, the Center for Medicare Services. Legal Duties of Hospitals Under the EMTALA Law
Medical Screening Exams: Anyone arriving at a hospital emergency department must receive medical screening examinations to determine whether they are in a medical emergency. The law also says these must be done regardless of the financial or insurance status of the patient, in order of priority based only on medical need. EMTALA has legal definitions of "emergency medical condition" and of the term "stabilized." Further, the CMS says this requirement applies to any facility that provides emergency services, not just to designated emergency rooms. If the medical screening exam finds that there is no emergency medical condition, they are not required to provide further treatment. Stabilize or Transfer: If an emergency medical condition exists, the patient's condition must be treated to stabilize it or to make a transfer to an appropriate facility.