Title: Anti-Dumping Law
Headings: Anti-Dumping Law
Anti-Dumping Law
Inability to Pay
EMTALA
EMTALA applies to:
General Regulations of EMTALA
Transfer Requirements
The transferring hospital must:
The receiving facility must:
Unlawful Transfer or Refusal

Content: Anti-Dumping Law
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Home > Hospitals > Reporting Problems > Anti-Dumping Law
Anti-Dumping Law
Inability to Pay
Patients cannot be denied emergency care due to the inability to pay. The Emergency Medical Treatment and Active Labor Act (EMTALA—Anti-Dumping Act) is a regulation that insures that patients with an emergency medical condition are assessed and treated at any hospital providing emergency services without consideration of ability to pay. The EMTALA also places certain conditions and responsibilities on interhospital transfers. EMTALA
EMTALA applies to: Hospitals receiving Medicare
Hospitals offering emergency care
Physicians providing services in such hospitals
General Regulations of EMTALA
Screening Examination – The hospital must provide a screening examination to any individual who arrives on hospital property requesting treatment. Ability to Pay Must Not Interfere – No effort should be made to determine the patient's ability to pay for or cover the costs of EMTALA requirements. Stabilization Requirement – The hospital must provide treatment within the capabilities of the staff to stabilize the condition or transfer the patient to another medical facility which can provide appropriate care. Transfer Requirements
A patient may only be transferred if the emergency medical condition has been stabilized; if the transfer is requested in writing by the patient; or if a physician or a qualified medical person has signed a certification that the medical benefits outweigh the increased risks.