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The Emergency Medical Treatment and Active Labor Act was designed to protect patients from being "dumped" and/or refused treatment based on fiscal criteria.
It also has a new case involving Health Insurance Portability and Accountability Act (HIPAA) preemption, a discussion of medical identity theft and hacking by cyber thieves, the meaningful use standards of the HIPAA Omnibus Rule, a new Emergency Medical Treatment and Active Labor Act case, and a new exhibit on various exemptions from the antitrust laws.
(13.) The duty to treat patients in medical emergencies was established by the passage of the Emergency Medical Treatment and Active Labor Act in 1986.
The Emergency Medical Treatment and Active Labor Act (EMTALA) requires emergency rooms to (1) properly screen all patients seeking medical assistance and, (2) if the patient has an emergency medical condition, either treat the patient as necessary to stabilize the patient's condition or transfer the patient to another medical facility when such a transfer is relatively safe and medically advisable.
Uninsured people receive medical care in hospital emergency departments under the coercive Emergency Medical Treatment and Active Labor Act of 1985 (EMTALA), which obligates hospitals to treat the uninsured but does not pay for that care." As a result, "84 California hospitals are closing their doors forever." To stave off hospital closings in the southwest United States, the federal government recently approved giving hard-hit hospitals $1 billion between now and September 2008.
ISSUE: Does the Emergency Medical Treatment and Active Labor Act (EMTALA) apply to babies 'born' in hospitals?
The Emergency Medical Treatment and Active Labor Act (EMTALA) was enacted in 1986 to ensure treatment of indigent or uninsured patients.
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