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EMTALA
Emergency Medical Treatment and Active Labor Act
• There may be cases in which state or local governments have developed community response plans that designate specific entities (hospitals, public health facilities, etc.) with responsibility for handling certain categories of patients in bioterrorism situations. The transfer or referral of these patients in accordance with such a community plan would not violate the hospital’s EMTALA obligations.
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•http://www.cms.hhs.gov/medicaid/survey-cert/110801.asp
Speaking Points

This cited law is likely familiar to you. The federal Emergency Medical Treatment and Active Labor Act (often referred to as the “patient anti-dumping law,”)  states that there may be cases in which state or local governments have developed community response plans that designate specific entities (hospitals, public health facilities, etc.) with responsibility for handling certain categories of patients in bioterrorism situations. The transfer or referral of these patients in accordance with such a community plan would not violate the hospital’s EMTALA obligations.

According to a November 8, 2001 Centers for Medicare and Medicaid Services (CMS) question and answer, a hospital’s EMTALA obligations are not violated by transferring or referring patients pursuant to a state or local government-developed community response plan.

This is an important source of guidance from this federal agency as community response plans are reconciled with obligations to provide emergency treatment under the federal law, EMTALA.