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ABA Family Legal Guide

Health-Care Law

Patients' Rights

Emergency Care

I'm not insured. If there's an emergency and I have to go to the hospital, do they have to treat me?

At one time, some hospitals engaged in "patient dumping," refusing to treat patients who were uninsured or poor, or otherwise considered undesirable. These patients were either turned away or transferred to other hospitals. The result was that patients did not receive immediate treatment. At its worst, it meant the patient died because of the delay.

To deal with this problem, Congress enacted an "antidumping" law. The Emergency Medical Treatment and Active Labor Act (EMTALA) requires hospitals to

  • give an appropriate examination to you when you go to the emergency room;
  • decide whether an emergency medical condition exists; and
  • stabilize you.

    Health-care facilities are required to report another health-care facility if it is suspected that the other facility is violating EMTALA. If a facility is found to violate EMTALA, that facility could be fined or even lose its participation in the Medicare and Medicaid programs. In addition, hospitals' own policies may limit dumping. Many not-for-profit hospitals are required to provide some level of charity care beyond EMTALA.

    There are exceptions to the antidumping law: If a person is being brought to an emergency room by ambulance, the hospital may divert the ambulance to another facility if it is full or cannot handle the problem. In some instances, though, an unstable patient will need to be transferred to get specialist treatment at another hospital. To do this, the doctor must certify that the benefits of the treatment you will get at the next hospital outweigh the risks of the transfer.

    EMTALA requires that the hospital provide treatment to stabilize patients, but it does not require the hospital to provide treatment after stabilization. EMTALA is a limited antidumping law. It is not a malpractice law.

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