Analyze

This policy ensures that EMTs and Paramedics who transport patients to hospitals are not refused admittance or directed to other facilities due to their patients' inability to pay or other factors. While emergency departments still may declare a divert status, whereby incoming EMS units are advised that the ER is either full or unable to accept patients due to other factors, this act, and other relevant state statutes, require that hospitals still accept, treat, and stabilize any patients that are brought to their facilities.

This policy was, in part, designed to prevent "patient dumping" whereby hospitals would refuse to treat certain patients due to inability to pay for treatment and either refuse admittance or transfer them to other hospitals. Furthermore, it specifically addresses female patients in active labor, requiring that hospitals ensure that these patients are also treated and stabilized in the emergency department or receiving facility.

This policy affects all patients, or potential patients, in the United States and further affects all hospitals and care providers. It ensures that all patients suffering from emergency medical condition(s) are provided the appropriate medical care regardless of their initial ability to pay. Furthermore, it requires that hospitals, their emergency departments, and their staff must treat and stabilize these patients prior to transferring to another facility. 

This provision was drafted and enacted by the House of Representatives of the 99th Congress as part of H.R. 3128, the Consolidated Omnibus Budget Reconciliation Act of 1985.

The Emergency Medical Treatment & Labor Act (EMTALA) was enacted by Congress to ensure that patients are granted and provided access to appropriate emergency services and medical care regardless of their ability to pay for the cost of said services and care.