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A significant portion of emergency department visits are considered not to be EMCs as defined by EMTALA. The medical profession refers to such cases as "non-emergent". Regardless, the term is not recognized by law as a condition defined by the EMTALA statute. A term more relevant for compliance with EMTALA is "non-emergency medical condition".
The federal law, called the Emergency Medical Treatment and Active Labor Act, or EMTALA, requires doctors to stabilize or treat any patient who shows up at an emergency room.
Moyle v. United States, 603 U.S. ___ (2024), was a United States Supreme Court case about whether an Idaho abortion law conflicted with the federal Emergency Medical Treatment and Labor Act (EMTALA). The court initially agreed to expedite the appeal and temporarily allowed Idaho to enforce its abortion ban.
The Emergency Medical Treatment and Active Labor Act or EMTALA also ensures public access to emergency services. The EMTALA law forces emergency healthcare providers to stabilize an emergency health crisis and cannot withhold treatment for lack of evidence of insurance coverage or other evidence of the ability to pay. [38]
This law requires hospitals participating in Medicare contracts that offer emergency services to provide a medical screening for an emergency condition, irrespective of the patient’s ability to pay.
The state law has raised questions about when a doctor is able to provide the stabilizing treatment that federal law requires. The federal law, called the Emergency Medical Treatment and Active Labor Act, or EMTALA, requires doctors to stabilize or treat any patient who shows up at an emergency room.
The 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) was meant to regulate Medicare-participating hospitals and ensure that patients received appropriate medical treatment regardless of their ability to pay. [21]
A May 2003 American Medical Association study said that emergency physicians and other specialists combined lost $4.2 billion in revenue in 2001 providing care mandated by EMTALA, but physician care represents only part of the cost of operating an emergency room, so an accurate figure for that year would have to have been higher than $4.2 billion.