Emergency Medical Treatment and Labor Act (EMTALA)

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.

Acts

Health Insurance Portability and Accountability Act (HIPAA)

Health Insurance Portability and Accountability Act (HIPAA) (1996)

1) Link to the Text of the Act
Read the statute (42 U.S.C. § 1320d et seq.)

2) Why It Was Done
HIPAA was enacted to improve portability and continuity of health insurance coverage, combat waste and fraud, and protect the privacy and security of patients’ medical information.

3) Pre-existing Law or Constitutional Rights
Before HIPAA, there was no comprehensive federal protection for patient health data. Privacy of medical information was governed by a patchwork of state laws and professional ethics standards.