Emergency Department

Aug 2-13

EMTALA

What is EMTALA? (also known as the “anti-dumping” law) - The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that

requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay, but since its enactment in 1986 has remained an unfunded mandate.

- EMTALA applies when an individual "comes to the emergency department."(within 250 yd premise)

- Any individual who comes and requests must receive a medical screening examination to determine whether an emergency medical condition exists.

- If an emergency medical condition exists, treatment must be provided until the emergency medical condition is resolved or stabilized.

- If the hospital does not have the capability to treat the emergency medical condition, an "appropriate" transfer of the patient to another hospital must be done

- Any patient that “comes to our emergency department” (within the ED, parking lot, EMS bay, or other hospital locations, etc) is OUR PATIENT. Registration of the patient MUST occur. Never allow the patient to be taken out or transferred without following and completing ALL EMTALA requirements.

- If event arises for concern of EMTALA violation it should be reported immediately through your chain of command.