Abstract

Congress enacted the Emergency Medical Treatment and Active Labor Act (EMTALA) [1] in 1986 to address the growing concern that hospitals were discharging patients before stabilizing them and refusing to care for poor people with medical emergencies. Although a general duty for hospitals to provide emergency care had been established a few decades prior to the passage of EMTALA, Congress believed that the common law rule, as well as various state statutes mandating care, did not go far enough to prevent “patient dumping” practices.

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