The US federal law that requires hospital emergency departments to screen and stabilise any patient who presents with an emergency medical condition — regardless of their ability to pay, insurance status, or citizenship.
EMTALA (42 U.S.C. § 1395dd), enacted in 1986, applies to all hospitals that receive Medicare funding (essentially all US hospitals). It requires hospitals to: (1) provide a medical screening examination to anyone who presents to the emergency department; (2) if an emergency medical condition exists, provide stabilising treatment; and (3) if unable to stabilise, transfer only with patient consent and only to a facility capable of providing the needed care. Violations can result in hospital exclusion from Medicare and significant civil penalties.
A patient without insurance arrives at a hospital emergency room in cardiac arrest. The hospital cannot refuse treatment or demand insurance information before providing emergency care under EMTALA. The hospital must stabilise the patient. Failure to do so can result in federal penalties and a civil lawsuit by the patient.
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