Patients may not be denied emergency treatment regardless of their ability to pay for it.
The Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires all health care providers to give anyone emergency treatment regardless of their ability to pay, the patient's legal status, citizenship status or any other consideration. Passed in 1986, the Act was written to be a guarantee that all people in America receive emergency medical attention as a basic right.
Mandatory Emergency Treatment
Any patient who arrives for emergency care at a hospital must be given an examination to determine the cause and severity of the medical condition. If the examination reveals a life-threatening or other emergency condition, health care providers are required by law to treat it before discharging the patient. Through court decisions and additions to the legislation, the scope of EMTALA's laws has also grown to encompass any patient who is approached by first responders in a hospital-owned ambulance or helicopter, as well as requiring hospitals to provide treatment to anyone within 250 yards of its facilities who requests treatment.
Duration of Treatment and Transfers
Once a patient is admitted for emergency treatment to a hospital, he may not be transferred to another health care facility or discharged against his will until his condition stabilizes. Patients may leave a hospital under their own power before being stabilized; health care facilities cannot force the patient out for lack of insurance or any other cause. In certain situations, such as when a patient needs treatment that cannot be administered at the location, the patient can be transferred to another hospital, but only if the transfer is overseen by medical staff with appropriate life-support measures taken. Patients who are transferred accordingly are given the same EMTALA protections at the second facility.
Reimbursement for Treatment
When a hospital receives an emergency patient under the provisions of EMTALA and the patient does not have health insurance or the means to pay for treatment, the facility cannot seek reimbursement from the patient. Additionally, no federal funds are available to cover expenses that arise from these visits. Hospital staff may inquire about insurance or a patient's ability to pay, though processing the inquiry or information must not delay treatment under normal triage considerations.
Penalties for EMTALA Violations
The federal government may fine hospitals found to be in violation of EMTALA and refusing patients up to $50,000 per violation. Smaller hospitals with fewer than 200 beds may only be assessed a maximum penalty of $25,000 per violation.
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