US Rights Guide
Hospital Refused Emergency Treatment in the US — Your EMTALA Rights
Under EMTALA, every US hospital with an emergency department must screen and stabilize all patients regardless of insurance or ability to pay. Violations can be reported to CMS.
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Direct Answer
Under the Emergency Medical Treatment and Labor Act (EMTALA), any hospital that accepts Medicare payments (virtually all US hospitals) must provide a medical screening examination and stabilising treatment to every person who presents to the emergency department, regardless of their ability to pay, insurance status, citizenship, or immigration status. Refusing to screen or stabilise is a federal violation.
What the Law Says
Your Legal Foundation
Emergency Medical Treatment and Labor Act (EMTALA) 1986
42 U.S.C. § 1395dd(a)
“If any individual comes to the emergency department, the hospital must provide for an appropriate medical screening examination to determine whether or not an emergency medical condition exists.”
Emergency Medical Treatment and Labor Act (EMTALA) 1986
42 U.S.C. § 1395dd(b)
“If a hospital determines that the individual has an emergency medical condition, the hospital must provide stabilising treatment.”
Emergency Medical Treatment and Labor Act (EMTALA) 1986
42 U.S.C. § 1395dd(d)
“Any individual who suffers personal harm as a direct result of a violation of this section may, in a civil action, obtain damages.”
Common Questions
Frequently Asked Questions
I have no insurance — can the hospital bill me after EMTALA treatment?
Yes. EMTALA requires hospitals to treat you but does not waive billing. However, hospitals must also have financial assistance programs (charity care) under IRS requirements for non-profit hospitals. Ask to speak with a financial counsellor — many will reduce or waive bills for qualifying patients.
The hospital stabilised me and then transferred me to a different hospital — is that allowed?
Transfers of stabilised patients are permitted under EMTALA. Transfers of unstabilised patients are only allowed if you consent or if the transfer is to a facility with capabilities the original hospital lacks, and the benefits outweigh the risks. Unsafe transfers are EMTALA violations.
I was turned away because I was uninsured and my condition got worse — can I sue?
Yes. EMTALA provides a private right of action. You can sue the hospital in federal court within 2 years for damages caused by the violation. Consult a medical malpractice attorney — many take EMTALA cases on contingency.
Does EMTALA apply to urgent care centres?
No. EMTALA applies only to hospitals that participate in Medicare and have a dedicated emergency department. Urgent care clinics and free-standing emergency centres may have different obligations under state law.
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