Running Head: EMTLA
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5-3 Short Paper: Impact of EMTALA
HRM 630
SNHU
EMTLA
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EMTLA refers to the Emergency Medical Treatment and Labor Act. It is a federal law
that requires everyone coming to an emergency department to be treated and stabilized,
irrespective of his or her ability to pay or the insurance status (Teisberg et al., 2020). The law
has a direct implication in diverse areas such as cost, quality as well as accessibility to health by
the general population. According to the Centers for Medicare and Medicaid Services (CMS),
the fundamental purpose of enacting the law was to make sure that the public could have
simpler access to emergency health services and their quality of health could improve,
irrespective of their financial capability to pay for the same or not (Emergency medical
treatment & labor act (EMTALA). CMS, 2021). However, since its enactment, it has impacted
not only the accessibility aspect but other areas as well. In terms of cost, the EMTLA law is a
serious matter of concern because it has been increasing the overall burden on the health
system of the United States of America. It has led to a surge in the uncompensated costs which
has led to the closure of many emergency departments across the country. In addition to this, it
has also decreased the level of resources for everyone and it has been gradually threatening
emergency departments that operate to care for all the patients (Emtala fact sheet. ACEP //
Home Page, 2021). The law has adversely affected the quality of health care by reducing the
availability of resources. It directly has an adverse implication on the services that are offered
to the people and their ultimate health outcome. It has positively impacted accessibility to
emergency health solutions by eliminating the major barrier that revolves around financial
constraints. As per the law, even if a person does not have the money to bear the costs relating
to emergency health services, under the law he or she is eligible to access these services. Zuabi
has identified EMTLA as an instrumental tool that prevents hospitals and health care facilities
to dump or refuse services to vulnerable individuals who due to their poor financial condition
(Zuabi et al., 2016). f f f f
EMTLA
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The Emergency Medical Treatment and Labor Act has several pros as well as cons that
must be considered to understand its long-lasting impact. f
Pros – One of the main advantages of EMTLA is that it prohibits discrimination of emergency
department services to patients for any reason (Zuabi et al., 2016). It acts as an instrumental
tool for addressing the prevailing issue relating to the disparity in health condition by making
sure that emergency delivery services are available to everyone. The law empowers patients
who have been dumped by an emergency health service provider as they have an option to sue
the provider. Under the EMTLA law, hospitals, health care teams, physicians and staff
members are encouraged to adopt a proactive and efficient approach so that they can meet the
diverse emergency needs of individuals and enhance the quality of their life. It can thus
facilitate multidisciplinary working among the healthcare professionals and lead to the
strengthening of collaboration between the emergency department staff and other professionals
(Meyer, 2016). The law remains essential even in the 21st century to make sure that people can
receive the basic treatment for emergency conditions. After the enactment of the law, there has
been a sharp decline in the instances relating to patient dumping. The law creates a sense of
responsibility and accountability among capable hospitals to accept and treat unstable patients
in their emergency departments instead of passing such cases to less capable facilities (Impact
of EMTALA. Impact of EMTALA EMRA, 2021).
Cons – A major con of the statute is that it increases the pressure on health care facilities and
hospitals to provide emergency care to patients even if they do not get any payment in return
from them. It also increases the pressure on the available resources which has the potential to
hamper the quality of care that is delivered to the public. Sawyer has argued that because of the
existence of the EMTLA law, providing care for individuals who lack health insurance
becomes more expensive for the entire society (Sawyer, 2017). Since the law is unfunded in
nature, it gives rise to serious implications, especially in terms of high costs. The hospitals that
EMTLA
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operate in low-income regions or rural areas are especially at the receiving end because the
status makes it challenging for them to distribute the available resources among people who
need emergency health care services in the region. Even though the EMTLA law has been
designed with the intention to improve the health outcome of all the people in the country, it
fails to take into consideration the complexities that exist within the health care system and
facilities in the U.S. Thus, the law gives rise to diverse complexities at the broader level.
References
Emergency medical treatment & labour act (EMTALA). CMS. (2021). Retrieved February 3,
2022, from https://www.cms.gov/Regulations-and-Guidance/Legislation/EMTALA
Emtala fact sheet. ACEP // Home Page. (2021). Retrieved February 3, 2022, from
https://www.acep.org/life-as-a-physician/ethics--legal/emtala/emtala-fact-
sheet/#:~:text=The%20Emergency%20Medical%20Treatment%20and,has%20remaine
d%20an%20unfunded%20mandate.
Impact of EMTALA. Impact of EMTALA EMRA. (2021). Retrieved February 3, 2022, from
https://www.emra.org/books/advocacy-handbook/impact-of-emtala/
Meyer, H. (2016, April 2). Why patients still need emtala. Modern Healthcare. Retrieved
February 3, 2022, from
https://www.modernhealthcare.com/article/20160326/MAGAZINE/303289881/why-
patients-still-need-
emtala#:~:text=The%20law%20also%20gives%20dumped,right%20to%20sue%20the
%20provider.&text=EMTALA—whose%20basic%20requirements%20are,
avoiding%20uninsured%20or%20underinsured%20patients.
EMTLA
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Sawyer, N. T. (2017). Why the EMTALA mandate for emergency care does not equal
healthcare “coverage”. Western Journal of Emergency Medicine, 18(4), 551.
Teisberg, E., Wallace, S., & O’Hara, S. (2020). Defining and implementing value-based health
care: a strategic framework. Academic Medicine, 95(5), 682.
Zuabi, N., Weiss, L. D., & Langdorf, M. I. (2016). Emergency Medical Treatment and Labor
Act (EMTALA) 2002-15: Review of Office of Inspector General Patient Dumping
Settlements. Western Journal of Emergency Medicine, 17(3), 245.
