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: The emergency room cannot simply send a patient home with a condition that is expected to deteriorate further. The patient has to be informed of any transfers and give consent. A patient sent home in an unstable condition or sent to a hospital that doesn't have the facilities to treat their condition could have legal recourse under EMTALA. Hospitals are Required to Take Transfers for Specialized Services: This addresses the practice of reverse-dumping, where hospitals with specialized units, such as a burn unit, only accept patients with the ability to pay. Under EMTALA, they must take any appropriate transfer. However, the law gives them an escape clause. They must accept the transfer if they have the capacity. If they don't have any open beds or they are already on ambulance diversion, they don't have to take a transfer. However, if they tell a hospital requesting a transfer that they are full but the patient gets sent to them anyway (dumping) they must treat the patient when he arrives.