ABA Family Legal Guide

Health-Care Law

Patients' Rights

Emergency Care

Which hospitals must comply with EMTALA?

EMTALA applies only to hospitals that have emergency rooms and that receive federal Medicare funds. This does not mean that you, as a patient, need to be on Medicare. It means that the hospital participates in the Medicare program. Nearly every hospital in the country with an emergency room participates in the Medicare program, which ensures that most patients will receive the care needed. Hospitals that do not participate in Medicare are not subject to EMTALA, but may be subject to state laws.