Currently, the regulation applies only to patients presenting to an emergency department. A hospital meets its responsibilities under EMTALA if it admits any individual with an unstable medical condition as an inpatient. EMTALA is intended to ensure patients with emergency medical conditions receive treatment regardless of ability to pay. Hospitals that violate EMTALA risk losing their Medicare status.
CMS is requesting comment on whether there is a need to expand the regulation to inpatients. An extension would require specialized hospitals — assuming they are not at capacity — to accept transfers of patients with unstable conditions that cannot be stabilized at the current facility. Supporters of the measures believe the extension would ensure all patients receive equal opportunities for treatment to stabilize life-threatening conditions. Others have voiced concern that an extension would lead to an increase in patient dumping at specialized hospitals, especially academic medical centers and safety-net facilities.
Read the AHA News Now report on EMTALA.
