Emergency Medical Treatment and Active Labor Act

Common card · No. 410954

The Emergency Medical Treatment and Active Labor Act (EMTALA) is an act of the 99th United States Congress, enacted in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospital emergency departments that accept payments from Medicare to provide an appropriate medical screening examination (MSE) for anyone seeking treatment for a medical condition regardless of citizenship, legal status, or ability to pay. Participating hospitals may not transfer or discharge patients needing emergency treatment except with the informed consent or stabilization of the patient or when the patient's condition requires transfer to a hospital better equipped to administer the treatment. EMTALA applies to "participating hospitals," which the statute defines as those that accept payment from the Department of Health and Human Services' Centers for Medicare and Medicaid Services (CMS) under the Medicare program. Because there are very few hospitals that do not accept Medicare...

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