Emergency Medical Treatment and Labor Act

This federal law requires hospitals who participate in the federal Medicare program to provide a medical screening exam to any patient who comes to their emergency room. If the condition is an emergency, the hospital must stabilize the patient unless the patient requests a transfer in writing and the physician considers the transfer to be more beneficial than risky. The equipment used to transfer must be adequate. The patient can sue the hospital for violation of this act. This act is codified at 42 U.S.C.A. § 1395dd and was passed as a part of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA 1985). Also known as the “Anti-Dumping law”.


 


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