[EMTALA: what it is, its origins, and how it functions in Puerto Rico]

Abstract

EMTALA (Emergency Medical Treatment and Active Labor Act) is a law born during the mid-eighties as an anti-discrimination law. Initially, its intention was to protect the uninsured population from being denied medical care due to inability to pay medical bills. Presently, EMTALA helps assure that patients get a screening evaluation about their medical condition, that they are stabilized or transferred to an appropriate medical facility, and that hospitals are obliged to accept patient's in transfer if they offer the medical services needed and have the capacity to manage the patient's condition. EMTALA is a Federal Law that has been interpreted and adapted for its use in Puerto Rico. It is the intention of this article to describe the events that led to the Law's creation, explains how it is applied in our hospitals, and describes the implications of EMTALA in our daily practice.