EMTALA intentionally omitted any requirement for hospitals to provide uncompensated stabilizing treatment for individuals with medical conditions determined not to be an EMC.Therefore, such individuals are not eligible for further uncompensated examination and treatment beyond the MSE.
or roughly 44% of all medical expenditures in the U.
S., make not participating in EMTALA impractical for nearly all hospitals.
Other persons who are not mandated to report may choose to file reports of suspected abuse.
The standard for reporting suspected abuse and neglect is "reasonable cause to believe" which means that mandated reporters need only a " mere suspicion" that abuse or neglect was committed against a person with a disability.
is an act of the United States Congress, passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA).
It requires hospital Emergency Departments that accept payments from Medicare to provide an appropriate medical screening examination (MSE) to anyone seeking treatment for a medical condition, regardless of citizenship, legal status, or ability to pay.
Participating hospitals may not transfer or discharge patients needing emergency treatment except with the informed consent or stabilization of the patient or when their condition requires transfer to a hospital better equipped to administer the treatment.
EMTALA applies to "participating hospitals." The statute defines participating hospitals as those that accept payment from the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) under the Medicare program.
Regardless, this impressive term is not recognized by the law as a condition defined by the EMTALA statute.