EMS Required by Law

Hospitals that accept Medicare payments must comply with the U.S. Emergency Medical Treatment and Active Labor Act (EMTALA). It requires providing emergency medical services to anyone seeking help. You do not need Medicare or any other health insurance to be treated.

Purpose

• Passed in 1986, the act prohibits denial of emergency medical treatment to people who are poor, uninsured or underinsured. It also prohibits a practice called "patient dumping," which is discharging or transferring patients to avoid the expense of treating them. Failure to comply with EMTALA carries potentially severe penalties.

Requirements

• All people seeking emergency treatment must be screened by a qualified medical professional. If required, a patient's condition must be treated and stabilized. A facility not equipped for ongoing treatment of the condition may transfer the patient to an appropriate facility. A physician must verify that a patient is stable, or transfer is medically necessary.

Active Labor

• The act requires that all women presenting with active labor be examined to determine their stage of labor. A patient with false labor may be discharged. A stable patient can be transferred. All others must be admitted.