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: "Stable for transfer" - when patient is protected and prevented from injuring himself or others. If the patient does not have an emergency medical condition, EMTALA imposes no further obligation on the hospital. EMTALA requires that a hospital may not delay the rendering of an appropriate medical screening examination as required in order to inquire about the individual's method of payment or insurance status. EMTALA prohibits the hospital from taking any adverse action against or penalizing any qualified medical person or physician because they refuse to authorize the transfer of an individual with an emergency medical condition that has not been stabilized. EMTALA specifies that any participating hospital, which has specialized capabilities or facilities or serves as the regional referral site for rural areas may not refuse to accept appropriate transfers of patients who require specialized care when the hospital has the capacity to treat the individual. EMTALA does not preempt any state or local law requirement unless the provisions are in direct conflict. Therefore, the laws of the state in which a hospital is located and/or in which a physician practices may impose additional requirements upon the hospital and/or health care provider for the treatment of emergency medical conditions. The Health Care Financing Administration (HCFA) imposes additional responsibilities upon Medicare hospitals in emergency cases: HEFA Regulations
Signs: A hospital that is subject to EMTALA is required to post signs explaining a patient's right to receive emergency service under EMTALA.