Title: Emergency Medical Treatment and Active Labor Act "EMTALA" - FindLaw
Headings: Emergency Medical Treatment and Active Labor Act "EMTALA"
Emergency Medical Treatment and Active Labor Act "EMTALA"
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Passed as part of the Consolidated Omnibus Budget Reconciliation Act of 1986 "COBRA"
Purpose:

Content: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Passed as part of the Consolidated Omnibus Budget Reconciliation Act of 1986 "COBRA"
Citations: 42 U.S.C. 1395 dd
Section 1867 of the Social Security Act
EMTALA is intended to address the failure of a hospital to recognize an emergency condition due to inadequate screening procedures, and, if an emergency condition exists, the failure to properly stabilize, transfer or treat the patient in accordance with the hospital's capabilities. EMTALA is not a federal malpractice statute. Applies to: All hospitals participating in the Medicare Program (virtually all hospitals)
All patients, whether or not they are eligible for Medicare benefits
THE RULE: Any individual who comes to a hospital requesting an examination or treatment for a medical condition must receive an appropriate medical screening examination within the capability of the hospital's Emergency Department. "Any Individual . . ." Means anyone
Regardless of Medicare status
Regardless of insurance coverage (including managed care)
Regardless of ability to pay
". . . who comes to the hospital . . ."