Finding a Way through the Hospital Door: The Role of EMTALA in Public Health Emergencies

Journal of Law, Medicine and Ethics 31 (4):590-601 (2003)
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Abstract

This article examines the Emergency Medical Treatment and Labor Act in a public health emergency context. Congress enacted EMTALA in 1986 to prohibit the practice of “patient clumping,” which involved hospitals’ refusal to undertake emergency screening and stabilization services for individual patients who sought emergency room care, typically because of insurance status, inability to pay, or other grounds unrelated to the patient’s need for the services or the hospital’s ability to provide them. But in fact EMTALA, whose conceptual roots can be found in the Hospital Survey and Construction Act of 1946 as well as an evolution in both the common law and state statutes related to hospital licensure, can be viewed as having a far broader purpose than protection of individuals, and indeed, one that is related to the protection of communities and the public health.

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Funding agendas: Has bioterror defense been over-prioritized?Thomas May - 2005 - American Journal of Bioethics 5 (4):34 – 44.

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Managed Care and Public Health: Conflict and Collaboration.Sara Rosenbaum & Brian Kamoie - 2002 - Journal of Law, Medicine and Ethics 30 (2):191-200.
Managed Care and Public Health: Conflict and Collaboration.Sara Rosenbaum & Brian Kamoie - 2002 - Journal of Law, Medicine and Ethics 30 (2):191-200.

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