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The emergency medical treatment and labor act (emtala) requires hospitals with emergency departments to provide a medical screening examination to any individual who comes to the emergency department and requests such an examination, and prohibits hospitals with emergency departments from refusing to examine or treat individuals with an. If they have an emergency medical condition, the hospital must provide stabilizing treatment, regardless of the patient's insurance status or ability to pay. Hospitals with an emergency department must comply with all the emtala requirements, including the obligation to provide an emergency medical screening exam, stabilizing treatment and/or an appropriate transfer for patients who come to the hospital as described in section 3, below.4 for purposes of emtala, an “emergency department” is not.
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Such hospitals must provide a medical screening examination (mse) when a. Emtala requires that anyone coming to an emergency department requesting evaluation or treatment of a medical condition, receives a medical screening examination This policy reflects guidance under the emergency medical treatment and labor act (emtala) and associated state laws only
It does not reflect any requirements of the joint commission or other regulatory entities.
The medical screening examination should not be delayed in order to obtain insurance or payer information The medical screening examination may include diagnostic studies and interventions necessary to determine if an emergency medical condition exists. Emtala’s primary objectives, as defined by courts and federal agencies tasked with enforcement, are to ensure access by all persons to emergency medical care and to prohibit discrimination in the provision of that care to persons presenting with the same, or similar, medical conditions Hospitals are required to provide a medical screening exam (mse) to patients seeking emergency medical.
Emtala was enacted by congress in 1986 as part of the consolidated omnibus budget reconciliation act (cobra) of 1985 (42 u.s.c Emtala was designed to prevent hospitals from transferring uninsured or medicaid patients to public hospitals without, at a minimum, providing a medical screening examination to ensure they were stable for transfer
