Emergency Treatment and Labor Act (EMTALA). Avoiding the pitfalls

Abstract

The Federal Emergency Medical Treatment and Labor Act (EMTALA) is one of the most difficult laws to interpret and the easiest to violate. This federal law was enacted to ensure that all individuals presenting to an emergency department of any Medicare- or Medicaid-participating facility for evaluation and treatment of a medical condition will be seen, evaluated, treated, and stabilized, regardless of ability to pay. Within this law, the condition of active labor is defined as an unstable medical condition and, as such, EMTALA is applicable to the area of perinatal and neonatal nursing. The purpose of this article is to provide a basic overview of EMTALA, its mandates and definition of key terms, enforcement procedures specialty-specific applicability, and specific strategies for risk reduction of inadvertent violation.