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Emergency Medical Treatment and Labor Act (EMTALA)
Practical Law Glossary Item w-031-7232 (Approx. 3 pages)
Glossary
Emergency Medical Treatment and Labor Act (EMTALA)
The statute that ensures public access to emergency services regardless of ability to pay. Enacted in 1986 through Section 1867 of the Social Security Act, EMTALA imposes obligations and restrictions on Medicare-participating hospitals, including to provide:
- A medical screening examination (MSE) when a request is made for:
- examination; or
- treatment for an emergency medical condition (EMC), including active labor.
- Stabilizing treatment to patients presenting with EMCs (42 U.S.C. § 1395dd(b)).
EMTALA prohibits these hospitals from:
- Refusing to examine or treat patients with an EMC.
- Transferring those patients to another facility, subject to limited exceptions.
The statute limits patient transfers to situations in which either:
- The transferring hospital lacks capability to stabilize the patient.
- The patient requests the transfer.
The EMTALA applies to any hospital offering emergency services, including labor and delivery services, through a dedicated department and covers all individuals (not just Medicare beneficiaries) seeking emergency care at the hospital property.
Hospitals receiving patients who they believe have been improperly transferred under EMTALA must report the transfers to the Centers for Medicare and Medicaid Services (CMS) (or to the appropriate state survey agency) within 72 hours of the transfer. Failure to report improper transfers may subject the receiving hospital to termination of its Medicare provider agreement. (42 C.F.R. § 489.20(m).)