May
16
Right to health care: The Emergency Medical Treatment and Active Labor Act (EMTALA)
Posted by
Ginkgo100
Labels:
ethics,
explanations,
health care,
rthc
The U.S. Congress passed the Emergency Medical Treatment and Active Labor Act, section 1867(a) of the Social Security Act, in 1986. It requires three things of hospitals:
--EMTALA.com FAQ
- imposes an affirmative obligation on the part of the hospital to provide a medical screening examination to determine whether an "emergency medical condition" exists;
- imposes restrictions on transfers of persons who exhibit an "emergency medical condition" or are in active labor, which restrictions may or may not be limited to transfers made for economic reasons;
- imposes an affirmative duty to institute treatment if an "emergency medical condition" does exist.
Particularly notable is the lack of a provision for reimbursement of the hospital. If the patient is not covered by private insurance or Medicaid/Medicare, and cannot pay the bill, the hospital must eat the loss. One way hospitals may offset the loss is by increasing charges for paying patients. Since Medicaid/Medicare has fixed reimbursement rates, and most private insurance also has fixed rates set by contract, that means the uninsured who are able to pay out-of-pocket often subsidize the uninsured who aren't.
Outside the emergency room and EMTALA, medical emergencies are handled by public safety agencies. When a person calls for an ambulance for a medical emergency, states generally require emergency medical personnel to respond, regardless of whether there is an ability to pay.
The principle underlying both EMTALA and the state-imposed duty for EMS to respond is that everyone has a right to be treated in case of emergency. It seems that American society is comfortable with this principle. Do you agree that there is a right to receive emergency medical treatment regardless of ability to pay? If so, who should pay?



Comments (73)

Sort by: Date Rating Last Activity
Loading comments...
Comments by IntenseDebate
Posting anonymously.
Right to health care: The Emergency Medical Treatment and Active Labor Act (EMTALA)
2008-05-16T08:55:00-05:00
Ginkgo100
ethics|explanations|health care|rthc|
Subscribe to:
Post Comments (Atom)
Related Posts
- Not vaccinating? Your child could die
- Is Dr. House a realistic doctor?
- Right to health care: One working definition
- Right to health care: What is "basic" health care?
- Right to health care: What is an encumbrance?
- Are parents selfish if they have a big family?
- Embryonic stem cells declared probably defunct — on Oprah
- The human dignity of anencephalic babies
- Four depression myths
- Four anxiety myths
- Natural infertility treatments v. the IVF band-aid
James · 571 weeks ago
Aaron Strelli · 570 weeks ago
link wheel pro · 569 weeks ago
Rihanna · 569 weeks ago
Pinnaclepeptides · 564 weeks ago
abu · 472 weeks ago
Michael · 443 weeks ago
Really appreciable post!!
gynecology doctor · 441 weeks ago
Meta · 439 weeks ago
Dentalacademy · 353 weeks ago
resurfacing · 349 weeks ago
Dr.Parthasarathi · 322 weeks ago
kdc academy · 322 weeks ago
kdc clinic · 322 weeks ago
Medical billing · 314 weeks ago
racetech45 26p · 310 weeks ago
insurance · 306 weeks ago
WoodenBoxes12 46p · 303 weeks ago
Life Insurance · 300 weeks ago
Life Insurance · 300 weeks ago
401k · 297 weeks ago
annuities · 297 weeks ago
COOKING COPY · 295 weeks ago
carry · 292 weeks ago
fegli option b · 288 weeks ago