In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (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 individual'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.

Downloads
CR3437 [PDF, 190KB] CMS-1063F [PDF, 711KB]
Related Links Inside CMS
Emergency Medical Treatment and Labor Act Technical Advisory Group (EMTALA TAG) State Operations Manual: Appendix V – Interpretive Guidelines – Responsibilities of Medicare Participating Hospitals in Emergency Cases
Related Links Outside CMS
Social Security Act: Section 1866 - Agreements With Providers of Services; Enrollment Processes {EMTALA provisions are in paragraphs (I) (i), (ii), and (iii) and (N)(iii)} Social Security Act: Section 1867 - Examination and Treatment For Emergency Medical Conditions and Women in Labor 42 CFR Ch.IV (10-1-05 Edition) Section 489.20: Subpart B—Essentials of Provider Agreements {EMTALA provisions are in paragraphs (l), (m), (q)(1), and (r)(1), (2), and (3)} 42 CFR Ch.IV (10-1-05 Edition) Section 489.24: Special responsibilities of Medicare hospitals in emergency cases