Emergency Medical Treatment and Active Labor Act

Emergency Medical Treatment and Active Labor Act known as EMTALA (Section 1867 (a) of the Social Security Act) and sometimes referred to as the “Patient Anti-Dumping Act” was passed by Congress and signed into law by President Reagan in 1986. The requirement of the Act was to ensure that acutely ill patients who are uninsured or underinsured receive proper emergency care services and to prevent hospitals from refusing to treat certain populations of patients who present to the emergency department. Although EMTALA was passed to protect those who lack financial resources or medical insurance, it applies to all seeking care from a hospital’s emergency department in all states and territories of the United States. However, not all hospitals have obligations under EMTALA. Only hospitals that accept federal funds from the Centers for Medicare and Medicaid (CMS), a branch of the Department of Health and Human Services (HHS), are subject to civil liability under the Act. The CMS and the Office of the Inspector General (OIG) enforce EMTALA. The OIG can fine Hospitals about $50,000 per violation ($25,000 for hospitals with less than 100 beds) and possibly dismiss their Medicare provider agreement. Individual physicians also may receive a fine up to $50,000 and be excluded from future Medicare funding.