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Politics : Foreign Affairs Discussion Group
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To: Sun Tzu who wrote (206418)10/18/2006 12:31:26 PM
From: Wharf Rat  Read Replies (1) of 281500
 
Your Right to Emergency Medical Care


SUMMARY OF YOUR RIGHTS
You have the right to receive emergency care at any licensed facility with an emergency room.

You have the right to be treated until your emergency medical condition is stabilized when you go to a hospital emergency room.

You have the right be informed by the hospital of your right to receive emergency services, without regard to your ability to pay, prior to being transferred or discharged.

You have a right not to be transferred from an emergency care facility against your will.



You have important rights when you go to a hospital's emergency room, regardless of your insurance status. California law severely restricts and regulates the ability of all licensed health care facilities with emergency departments to transfer and discharge emergency patients.1 These laws expand upon the important protections in the federal Emergency Medical Treatment and Active Labor Act ("EMTALA,").2 The federal protections under EMTALA and its regulations apply to all hospitals that participate in the Medicare program and apply to all patients that go to those hospitals, not just Medicare patients.
calpatientguide.org

Overview
In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay. Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer should be implemented.

cms.hhs.gov
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