{"id":355848,"date":"2018-07-31T14:29:20","date_gmt":"2018-07-31T19:29:20","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/healthcare\/patient-rights\/what-is-the-emergency-medical-treatment-and-labor-act-emtala.html"},"modified":"2026-08-26T09:16:00","modified_gmt":"2026-08-26T14:16:00","slug":"what-is-the-emergency-medical-treatment-and-labor-act-emtala","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/what-is-the-emergency-medical-treatment-and-labor-act-emtala.html","title":{"rendered":"What Is the Emergency Medical Treatment and Labor Act (EMTALA)?"},"content":{"rendered":"\n
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What Is the Emergency Medical Treatment and Labor Act (EMTALA)?<\/h1>\n\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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EMTALA is a federal law that requires Medicare\u2011participating hospitals to provide a medical screening exam and stabilizing care to anyone who comes to the emergency department, regardless of insurance or ability to pay. It prohibits patient dumping by ensuring hospitals cannot refuse or transfer patients for financial reasons. These protections guarantee that all patients, including pregnant individuals in active labor, receive essential emergency care when they need it.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The Emergency Medical Treatment and Active Labor Act (EMTALA) requires emergency departments to treat or stabilize patients regardless of their ability to pay. This law is also known as the “anti-dumping” statute. It mandates that select hospitals give emergency\u00a0medical screening examinations<\/a>\u00a0(MSE) or treatment for an emergency medical condition (EMC).<\/p>\n

This article explains how EMTALA protects patients. It outlines the law\u2019s role in preventing patient dumping and ensuring equal emergency care for uninsured, indigent, and pregnant patients. Learn what qualifies as an emergency medical condition, how hospitals must handle transfers, and how to prove an EMTALA violation in court.<\/p>\n

You can also consult a\u00a0healthcare attorney near you<\/a>\u00a0for legal advice tailored to your situation.\u00a0An attorney can\u00a0determine whether a hospital failed to provide adequate screening and care,\u00a0and assess whether the hospital treated you differently because of insurance status or another improper motive.\u00a0<\/p>\n

EMTALA: History and Background<\/h2>\n

Initially, EMTALA only applied to Medicare-participating hospitals. However, EMTALA expanded hospital obligations to the indigent (low-income) and uninsured. EMTALA also guarantees protection to pregnant women<\/a>, as active labor is an emergency medical condition.<\/p>\n

Congress passed EMTALA in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. EMTALA-mandated regulations supersede any conflicting state laws.<\/p>\n

EMTALA is overseen by the Centers for Medicare and Medicaid Services (CMS), an agency under the U.S. Department of Health and Human Services (HHS).<\/p>\n

EMTALA Provisions<\/h2>\n

Congress enacted EMTALA in response to several reports about emergency departments turning away ill or injured patients because of their health insurance status. Often, these patients had no money to pay for treatment.<\/p>\n

Denying emergency services can have devastating consequences, including serious impairment and death. Today, medical care is not limited to those with health insurance. EMTALA ensures that everyone, including non-citizens, has access to emergency care<\/a>.<\/p>\n

EMTALA provisions include the following:<\/p>\n