Complying with the Emergency Medical Treatment and Labor Act (EMTALA): Challenges and Solutions (Journal of Healthcare Risk Management)
The Emergency Medical Treatment and Labor Act (EMTALA), which requires Medicare-participating hospitals to provide emergency care to patients regardless of their ability to pay, plays an important role in protecting the uninsured. Yet many hospitals do not comply.
The study examines the reasons for noncompliance and proposes solutions. Authors conducted 11 semi-structured key informant interviews with hospitals, hospital associations, and patient safety organizations in the Centers for Medicare and Medicaid Services region with the highest number of EMTALA complaints filed.
Respondents identified 5 main causes of noncompliance: financial incentives to avoid unprofitable patients, ignorance of EMTALA's requirements, high-referral burden at hospitals receiving EMTALA transfer patients, reluctance to jeopardize relationships with transfer partners by reporting borderline EMTALA violations, and opposing priorities of hospitals and physicians.
Publication Authors:
- Charleen Hsuan, JD, PhD
- Ninez A. Ponce, PhD, MPP
- Jack Needleman, PhD, FAAN
- et al