Emergency Medical Treatment and Labor Act (EMTALA, 1986)

1) Link to the Text of the Act
Read the statute (42 U.S.C. § 1395dd)

2) Why It Was Done
EMTALA was enacted to prevent “patient dumping,” where hospitals refused to treat or transferred patients unable to pay. It requires hospitals to provide emergency medical screening and stabilization regardless of insurance or ability to pay.

3) Pre-existing Law or Constitutional Rights
Before EMTALA, hospitals often turned away indigent or uninsured patients. While some state laws existed, no comprehensive federal law guaranteed emergency care.

4) Overreach or Proper Role?
Supporters see it as a life-saving safety net. Critics argue it imposed unfunded mandates on hospitals, contributing to emergency room overcrowding and financial strain.

5) Who or What It Controls

• Hospitals that participate in Medicare (virtually all U.S. hospitals)
• Emergency departments and physicians (must provide screening and stabilization)
• Patients (gain right to emergency care regardless of payment)

6) Key Sections / Citations

• 42 U.S.C. § 1395dd(a): Medical screening requirement
• 42 U.S.C. § 1395dd(b): Stabilization requirement
• 42 U.S.C. § 1395dd(c): Restrictions on transfer of unstable patients

7) Recent Changes or Live Controversies

• Litigation continues over what constitutes an “emergency medical condition”
• Hospitals face tension between EMTALA mandates and financial sustainability
• Dobbs v. Jackson Women’s Health (2022) triggered debates about EMTALA’s interaction with state abortion bans

8) Official Sources

• U.S. Code – 42 U.S.C. § 1395dd
• CMS – EMTALA Overview
• ACEP – EMTALA History and Guidance

• Healthcare
• Emergency Care
• Hospitals
• Patients
• Civil Rights