The Midwest Medical Legal Advisor provides legal information for healthcare providers and administrators, malpractice insurance professionals, and attorneys.
In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C.S. § 395dd, which requires treatment of any person coming to an emergency department regardless of their insurance status or ability to pay. This is commonly referred to as the “anti-dumping” law. Although EMTALA is a federal regulation, hospitals and other healthcare facilities are subject to civil liability for EMTALA violations. Thus, it is important for [...]