Emergency Medical Treatment and Active Labor Act information
Act of Congress in the United States
Emergency Medical Treatment and Active Labor Act
Acronyms (colloquial)
EMTALA
Legislative history
Signed into law by President Ronald Reagan on April 7, 1986
United States Supreme Court cases
List
Moyle v. United States, No. 23-726, 602 U.S. ___ (2024)
The Emergency Medical Treatment and Active Labor Act (EMTALA)[1] is an act of the United States Congress, passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospital emergency departments that accept payments from Medicare to provide an appropriate medical screening examination (MSE) for anyone seeking treatment for a medical condition regardless of citizenship, legal status, or ability to pay. Participating hospitals may not transfer or discharge patients needing emergency treatment except with the informed consent or stabilization of the patient or when the patient's condition requires transfer to a hospital better equipped to administer the treatment.[1]
EMTALA applies to "participating hospitals." The statute defines participating hospitals as those that accept payment from the Department of Health and Human Services', Centers for Medicare and Medicaid Services (CMS) under the Medicare program.[2] Because there are very few hospitals that do not accept Medicare, the law applies to nearly all hospitals. The combined payments of Medicare and Medicaid, $602 billion in 2004,[3] or roughly 44% of all medical expenditures in the United States, make not participating in EMTALA impractical for nearly all hospitals. EMTALA's provisions apply to all patients, not just to Medicare patients.[4][5]
The cost of emergency care required by EMTALA is not covered directly by the federal government, so it has been characterized as an unfunded mandate.[6] In 2009, uncompensated care represents 55% of emergency room care, and 6% of total hospital costs.[7][8]
^ ab42 U.S.C. § 1395dd
^42 U.S.C. § 1395dd (e)(2) The term "participating hospital" means a hospital that has entered into a provider agreement under section 42 U.S.C. § 1395cc of this title.
^Key Medicare and Medicaid Statistics Archived 2012-09-16 at the Wayback Machine from kff.org
^"42 U.S. Code § 1395dd – Examination and treatment for emergency medical conditions and women in labor". LII / Legal Information Institute. Retrieved 2017-10-22.
^EMTALA FAQ Archived 2007-07-14 at the Wayback Machine Website / Information from Garan Lucow Miller, P.C
^Fact Sheet: EMTALA Archived 2008-05-27 at the Wayback Machine from the American College of Emergency Physicians accessed 2007-11-01
^Cite error: The named reference :1 was invoked but never defined (see the help page).
^"American Hospital Association, Trends Affecting Hospitals and Health Systems 2011, Chapter 4, Slide 7". Archived from the original on 2013-10-04. Retrieved 2013-07-15.
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