The Emergency Medical Treatment and Labor Act (EMTALA): Overview | Practical Law

The Emergency Medical Treatment and Labor Act (EMTALA): Overview | Practical Law

A Practice Note providing an overview of the scope and application of the Emergency Medical Treatment and Labor Act (EMTALA). This Note addresses EMTALA's application to health care providers, hospitals, and patients, discusses criteria for dedicated emergency departments (DEDs) and hospital property, medical screening examinations (MSEs), qualified medical personnel (QMPs), emergency medical conditions (EMCs), and stabilizing treatment. It covers requirements governing individuals' ability to pay, when and by whom stabilizing treatment must be provided, hospital emergency capabilities, hospital on-call rosters and call coverage, and transfers of patients covered under EMTALA. This Note addresses patient dumping and reverse patient dumping, patient requests and refusals for transfer, patients leaving against medical advice, and patient refusals of treatment. It explains required reporting of potential EMTALA violations, whistleblower protections, and when EMTALA obligations commence and end, plus a review of applicable penalties related to EMTALA violations. This Practice Note is based on federal requirements.

The Emergency Medical Treatment and Labor Act (EMTALA): Overview

Practical Law Practice Note Overview w-033-6555 (Approx. 23 pages)

The Emergency Medical Treatment and Labor Act (EMTALA): Overview

by Practical Law Health Care
MaintainedUSA (National/Federal)
A Practice Note providing an overview of the scope and application of the Emergency Medical Treatment and Labor Act (EMTALA). This Note addresses EMTALA's application to health care providers, hospitals, and patients, discusses criteria for dedicated emergency departments (DEDs) and hospital property, medical screening examinations (MSEs), qualified medical personnel (QMPs), emergency medical conditions (EMCs), and stabilizing treatment. It covers requirements governing individuals' ability to pay, when and by whom stabilizing treatment must be provided, hospital emergency capabilities, hospital on-call rosters and call coverage, and transfers of patients covered under EMTALA. This Note addresses patient dumping and reverse patient dumping, patient requests and refusals for transfer, patients leaving against medical advice, and patient refusals of treatment. It explains required reporting of potential EMTALA violations, whistleblower protections, and when EMTALA obligations commence and end, plus a review of applicable penalties related to EMTALA violations. This Practice Note is based on federal requirements.