Running Head: EMTLA
1
5-3 Short Paper: Impact of EMTALA
HRM 630
SNHU
EMTLA
2
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). e e e e
EMTLA
3
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. e
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
EMTLA
4
the law is 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
5
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
6
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.
