The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may be subject to civil penalties of approximately $53,000 to $105,000; private lawsuits by individuals or facilities injured by the violation; and/or termination of the hospital’s Medicare provider agreement. This Guide summarizes EMTALA requirements for examining, treating, and transferring emergency patients and offers suggestions to help hospitals comply.

1.Entities Covered by EMTALA. EMTALA applies to all hospitals that participate in Medicare, but the requirements differ depending on whether the hospital has an emergency department.