BlackSand
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- Oct 23, 2013
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Can life-saving treatment or stabilization be refused if the person cannot guarantee payment?
The Emergency Medical Treatment and Labor Act -1986 (EMTALA) covers requirements for any institution that participates in Medicare ...
"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."
Individual states also have accompanying legislation … Such as the Baker Act in Florida and so on … They help identify what measures are required, as well as what problems fall under the category of “Emergency Medical Condition”.
As far as the EMTALA goes …
395.002 Definitions:
(8) "Emergency medical condition" means:
(a) A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
1. Serious jeopardy to patient health, including a pregnant woman or fetus.
2. Serious impairment to bodily functions.
3. Serious dysfunction of any bodily organ or part.
It is still up to the institution to determine the definition of "Serious".
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