Title: Patient Dumping: An Overview of the EMTALA - Home
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Patient Dumping: An Overview of the EMTALA
Patient Dumping: Hospital Obligations per the EMTALA
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Content: Patient Dumping: An Overview of the EMTALA - Home
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Patient Dumping: An Overview of the EMTALA
December 31, 2014
Patient dumping is an illegal and unethical practice that occurs when a hospital that is capable of treating a patient refuses to treat that patient, turns that patient away and/or sends that patient to another facility due to that patient’s inability to pay for essential medical care. In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA) in an effort to prevent patient dumping and penalize the facilities that continue this practice. Patient Dumping: Hospital Obligations per the EMTALA
While there have been a number of amendments to EMTALA since it was initially passed, the following are the primary obligations that hospitals still have under the provisions of this anti-patient dumping law: Patient dumping is an illegal practice, the details of which are spelled out by the Emergency Medical Treatment and Active Labor Act (EMTALA). The obligation of screening and examining patients who are seeking emergency medical care to assess whether these people actually have an emergency medical condition (EMC) that requires immediate care – In particular, hospitals are NOT legally allowed to delay medical screening and/or care to find out if patients can pay for that care (or to verify patients’ immigration statuses in the U.S.). Once, however, a patient’s health is no longer in danger, hospitals can continue with the payment and/or insurance inquiry process. The obligation of administering treatment until the EMC has stabilized – Specifically, hospitals are legally required to continue to administer the necessary care to patients until their condition is resolved, their health has stabilized and they are able to either self-administer care or continue with other care somewhere else.