{"id":355848,"date":"2018-07-31T14:29:20","date_gmt":"2018-07-31T19:29:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/what-is-the-emergency-medical-treatment-and-labor-act-emtala.html"},"modified":"2023-10-03T09:16:44","modified_gmt":"2023-10-03T14:16:44","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
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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

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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

The Emergency Medical Treatment and Active Labor Act, EMTALA<\/a>, is a federal law that regulates emergency treatment at hospitals. 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 and mandates select hospitals to give emergency medical screening examinations<\/a> (MSE) or treatment for an emergency medical condition (EMC).<\/p>\r\n

EMTALA History<\/h2>\r\n

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

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

EMTALA Provisions<\/h2>\r\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>\r\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.<\/p>\r\n

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