Emergency Medical Treatment & Labor Act (EMTALA) Resource
In 1986, Congress enacted EMTALA to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individuals's ability to pay. Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer should be implemented.
Policy
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Regulations
- CMS-1063-F Medicare Program: Clarifying Policies Related to the Responsibilities of Medicare-participating Hospitals in Treating Individuals with Emergency Medical Conditions
(PDF 711Kb)
- Emergency Medical Treatment and Labor Act Technical Advisory Group (EMTALA TAG)
- Section 945 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 requires the Secretary to establish a Technical Advisory Group (henceforth called the EMTALA TAG) to advise the Secretary concerning issues related to the regulations and implementation of the Emergency Medical Treatment and Labor Act (EMTALA, governed primarily by section 1867 of the Social Security Act and regulations found at 42 CFR 489.24).
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General Information
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Instructions
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Last Modified on Thursday, November 04, 2004
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