EMTALA Implementation and Enforcement Issues

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Report to Congressional CommitteesUnited States General Accounting OfficeGAOJune 2001EMERGENCY CAREEMTALAImplementation andEnforcement IssuesGAO-01-747Page iGAO-01-747 EMTALALetter1Results in Brief2Background4Hospitals and Physicians Have Concerns About Effects and Extentof EMTALA Responsibilities10Numbers of EMTALA Violations and Fines Relatively Small, andHospitals Are Rarely Terminated17Concluding Observations25Agency Comments25Appendix IScope and Methodology28Appendix IIConfirmed EMTALA Violations30Appendix IIIComments From the Department of Health and HumanServices32Appendix IVGAO Contact and Staff Acknowledgments34TablesTable 1: Provider Uncertainties About EMTALA Requirements16Table 2: Examples of 1999 Confirmed EMTALA Violations30FiguresFigure 1: EMTALA Enforcement Process7Figure 2: Total EMTALA Investigations and Confirmed Violations,Fiscal Years 1995 - 199918ContentsPage iiGAO-01-747 EMTALAAbbreviationsCMSCenters for Medicare and Medicaid ServicesEMTALAEmergency Medical Treatment and Active Labor ActHHSDepartment of Health and Human ServicesOIGOffice of Inspector GeneralPROpeer review organizationPage 1GAO-01-747 EMTALAJune 22, 2001Congressional CommitteesIn 1986, the Emergency Medical Treatment and Active Labor Act( EMTALA ) was enacted as part of the Consolidated Omnibus BudgetReconciliation Act of 19851 primarily in response to concern that someemergency departments across the country had refused to treat indigentand uninsured patients or inappropriat

Report to Congressional Committees United States General Accounting Office GAO June 2001 EMERGENCY CARE EMTALA Implementation and Enforcement Issues GAO-01-747

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