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 each and every individual 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 considered to be 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 all 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 In order 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). c c c c
EMTLA
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The Emergency Medical Treatment and Labor Act has a number of pros as well as
cons that must be taken into account to understand its long-lasting impact. c
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 each and every
individual. 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 also 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 are able to 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 general 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
EMTLA
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unfunded in nature, it gives rise to serious implications, especially in terms of high costs. The
hospitals that 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 are in need of 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.
EMTLA
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References
Emergency medical treatment & labor 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%20underinsur
ed%20patients.
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.
EMTLA
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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.
