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Hospital patient dumping continues in Florida

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Emergency Medical Treatment and Active Labor Act

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"EMTALA requires that anyone coming to an emergency department requesting evaluation or treatment of a medical condition, receives a medical screening examination.

If they have an emergency medical condition, the hospital must provide stabilizing treatment, regardless of the patient's insurance status or ability to pay" (USDHHS OIG, 2024).

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Law:

No Duty Principle

Liability

Ethics:

Hippocratic Oath

Moral Responsibility

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Maughan, E. (2019, June 10). All about emtala: The law that runs the Ed. EMRA. https://www.emra.org/emresident/article/emtala

Overview of the emergency medical treatment and active ... (n.d.-b). https://crsreports.congress.gov/product/pdf/IF/IF12355

The Emergency Medical Treatment and labor act (EMTALA). HHS. (2024, August 30). https://oig.hhs.gov/reports-and-publications/featured-topics/emtala/#:~:text=Last%20Updated%3A%2009%2D11%2D,hospitals%20that%20offer%20emergency%20services.

Teitelbaum, J. B., & Wilensky, S. E. (2023). Essentials of health policy and law. Sudbury, MA: Jones and Bartlett

YouTube. (n.d.). YouTube. https://www.youtube.com/watch?app=desktop&v=lDwcQYHIiXk

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1. Hospitals must screen patients.

2. If an individual has an emergency medical condition, the hospital must either provide further medical examination and treatment to stabilize the patient using available staff or facilities, or transfer the patient to a different medical facility with more specialized capabilities.

3. EMTALA restricts hospitals from transferring unstable patients unless the transfer is “appropriate” and meets certain conditions

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With the implementation of EMTALA, patient dumping has decreased significantly.

Though No-duty is legally acceptable, the law also made sure that all patients seeking medical care are to be seen and treated by any providers from any Medicare-participating hospitals.