In 1986, concerned that indigent and uninsured patients were not receiving proper emergency treatment, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”), designed to prevent hospitals from “patient dumping.” To determine when the statute applies, federal courts have had to interpret what constitutes an “emergency medical condition,” and ascertain the category of individuals protected by the act. In Torretti v. Main Line Hospitals, Inc ., 580 F.3d 168 (2009), the United States Court of Appeals for the Third Circuit confronted these issues for the first time.
EMTALA sets forth two requirements for hospitals that participate in Medicare and provide emergency care. First, hospitals must provide appropriate medical screening to determine if an emergency medical condition exists for any individual who presents to an emergency department. Second, if an emergent condition is apparent, treatment must be provided to “stabilize” the patient. Accordingly, one of the primary objectives of EMTALA is to remedy the problem of inappropriate hospital transfers. If arrangements are made to transfer an individual to another medical facility, the patient must be stabilized prior to transfer. EMTALA does not create a federal claim for malpractice, but is determined independent of any such claims which are typically adjudicated in state courts.
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