Part One of a Three-part Series

In this economic downturn, the number of uninsured patients is on the rise. The impact on hospital emergency departments, where uninsured patients often seek treatment for a medical condition, is almost assured. The result: an increase in antidumping enforcement for hospitals. With the increased number of uninsured and poor entering hospital emergency rooms as a means of obtaining health care services, EMTALA compliance is worth another look.

EMTALA Basics

In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) in response to allegations of patient dumping by hospitals. At the time, some hospitals would not see patients with emergency conditions when those patients could not pay for the services, or would not properly screen uninsured patients before asking them to leave their emergency rooms. Under EMTALA,hospitals with emergency services that participate in Medicare mustscreen, stabilize and transfer when individuals present with emergency medical conditions and a request is made for an examination or treatment, regardless of their ability to pay.