Can a hospital refuse dialysis patient treatment who has not had in two weeks and just moved to the area?

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that requires hospitals to provide emergency medical treatment to all patients, regardless of their ability to pay or their immigration status. This law applies to all hospitals that participate in Medicare, which includes most hospitals in the United States.

Under EMTALA, hospitals are required to provide stabilizing treatment for emergency medical conditions. This includes dialysis for patients with kidney failure. Dialysis is a life-sustaining treatment that removes waste products and excess fluid from the blood when the kidneys are not able to do so.

Hospitals cannot refuse to treat dialysis patients simply because they have not been seen for two weeks or because they have just moved to the area. If a patient is in need of emergency medical treatment, they must be treated regardless of their circumstances.

If a hospital refuses to provide treatment to a dialysis patient, the patient may file a complaint with the Centers for Medicare & Medicaid Services (CMS). CMS is the federal agency that oversees hospitals' compliance with EMTALA.

To file a complaint, the patient or their representative can call the CMS toll-free hotline at 1-800-MEDICARE (1-800-633-4227) or visit the CMS website at www.cms.gov/esrd.