A law imposing liability on hospitals for what is known as "patient
dumping." This occurs when (1) a hospital that is capable of providing the
necessary medical care transfers a patient to another facility or (2) a
hospital simply turns the patient away due to the person's inability to pay
for services.
EMTALA was enacted to ensure that every patient whom a hospital determines
to have an emergency medical condition either be treated until stabilized or
appropriately transferred to another medical facility unless the patient
refuses to consent to the recommended treatment or transfer.
Hospitals that knowingly, willfully, or negligently fail to comply with the
requirements of EMTALA legislation are subject to termination or suspension of
their Medicare provider agreements. Hospitals, as well as their responsible
physicians, are also subject to civil monetary penalties of up to $50,000 for
each violation of the provisions. Hospitals and physicians may also be subject
to medical professional liability in state or federal court if patients are
injured as a result of inappropriate transfer.