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Key Topics

Key Topics

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  • Conflict of Interest and Vendor/Industry Guidelines
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  1. Home
  2. Key Topics
  3. EMTALA

EMTALA

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UCLA Health Office of Legal Affairs: Emergency Medical Treatment and Active Labor Act (EMTALA)

The Emergency Medical Treatment and Active Labor Act ("EMTALA"), codified at 42 U.S.C. § 1395dd, imposes a specific obligation on Medicare-participating hospitals that offer emergency services to provide a medical screening examination when an individual presents to the emergency department and a request is made for examination or treatment of a medical condition, including active labor, regardless of the individual's ability to pay.  Notably, EMTALA also applies when an individual who is neither a hospital inpatient nor a hospital outpatient is on hospital property and a request is made for examination or treatment of an emergency condition.  For those individuals with emergency medical conditions, a hospital must provide either stabilizing treatment or an appropriate transfer to another hospital.

A. Important Components

  • Screening and stabilization requirements
  • Acceptance and refusal requirements relating to emergency transfers from other facilities
  • Recordkeeping requirements
  • Reporting requirements

UCLA Health's EMTALA Policy provides detailed guidance about compliance with UCLA Health's EMTALA obligations.

B. Enforcement

EMTALA provides for the imposition of civil monetary penalties (up to $50,000 per violation) on hospitals and physicians for: (a) negligently failing to appropriately screen an individual seeking medical care; (b) negligently failing to provide stabilizing treatment to an individual with an emergency medical condition; or (c) negligently transferring an individual in an inappropriate manner.

Violation of EMTALA can also result in the termination of a hospital's participation in the Medicare program and/or exclusion of a physician from federal and state health care programs.

EMTALA also provides for private rights of enforcement for any individual who is harmed as a direct result of a violation of the statute, and for any medical facility that suffers a financial loss as a direct result of a violation of the statute.

C. Questions and Training

If you should have any questions regarding UCLA Health's EMTALA obligations or believe that a violation of EMTALA may have occurred (either by UCLA Health or another hospital), please contact the UCLA Health Office of Legal Affairs, the UCLA Office of Risk Management and/or the UCLA Health Compliance Office. These offices are also available to provide EMTALA training to UCLA Health departments and staff.

D. Additional Links

  • UCLA Health Compliance Website - EMTALA Compliance Program
  • CMS EMTALA Regulations and Guidance
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