CMS EMTALA Regulations

The Emergency Medical Treatment and Active Labor Act (EMTALA) was passed in 1986 to secure emergency medical treatment for all people in the United States, regardless of their income or ability to pay for the treatment. Tied to Section 1867 of the Social Security Act, EMTALA is only enforceable in hospitals and treatment centers that accept Medicare payments.

Examination

• If a patient in need of emergency care comes into a Medicare-participating hospital, she must be given a medical screening examination to determine the severity of her emergency. This includes patients who are suffering from any ailment, including illness, injury or active labor. A medical screening examination must also be given if the patient requests one, whether or not symptoms are apparent.

Care

• After the medical screening examination, care must be given to stabilize the patient. This care must be consistent with the capabilities and the facilities of the medical team and the doctors, and discrimination must not occur due to the patient's race, sex, nationality or ability to pay. This care may include surgery, trauma care, intensive care, obstetrics or psychiatry in addition to many other areas of care that may be necessary to stabilize the patient.

Transfer or Discharge

• A hospital can only transfer a patient who has not been stabilized if the patient refuses treatment at the current hospital and requests to be transferred. After the patient is stabilized, the hospital no longer has any obligation to the patient, according to EMTALA. This means a patient can be admitted, discharged or transferred to another hospital for care without further regard to EMTALA regulations.