May 28, 2024
In an effort to keep the public educated on their rights surrounding emergency medical care, the Centers for Medicare and Medicaid Services (CMS) have introduced a new way to file a complaint with the Emergency Medical Treatment and Labor Act (EMTALA).
This online complaint form provides education on what hospitals are required to do in an emergency and offers an easy way to lodge a complaint. If certain steps are not followed by hospital staff during an emergency visit, patients have the right to file a violation report.
“If an individual believes their EMTALA rights have been violated, it is important that they can easily file a complaint,” said CMS Administrator Chiquita Brooks-LaSure.
Medicare-participating hospitals are required to:
- Perform an exam or run tests to determine if the patient is experiencing a medical emergency.
- Provide stabilizing treatment, to the point that the patient won’t get materially worse, on an emergency medical condition
- Transfer the patient if the hospital is unable to stabilize the condition
Learn more about patient rights in an emergency room and file a complaint
What is EMTALA?
The Emergency Medical Treatment and Labor Act (EMTALA) was enacted in 1986 and requires hospitals to treat emergency patients until they are stable.
Can patients receive emergency care without health insurance?
Yes. Under EMTALA, patients cannot be denied based on race, sex, religion, disability, age, or whether they:
- Have health insurance
- Can pay for treatment
- Are a U.S. citizen
