Dynamic List Information
Dynamic List Data
Title
Interaction of the Emergency Medical Treatment and Labor Act (EMTALA) and the Born-Alive Infants Protection Act of 2002
Memo #
05-26 (REVISED) - EMTALA
Posting Date
2019-06-27
Fiscal Year
2019
Title
***NOTE: This memorandum is being reissued to remind hospitals of their obligation to comply with EMTALA as it relates to the Born-Alive Infant Protection Act. This is NOT new policy.***
• The Born-Alive Infants Protection Act of 2002 (Pub. L. 107-207) adds to the United States Code a definition of the term “individual” to include every infant who is born alive, at any stage of development; it also adds a definition of the term “born alive.”
• The Emergency Medical Treatment and Labor Act (EMTALA) provides certain rights to “any individual” who comes to an emergency department and “any individual” who comes to a hospital. In particular, hospitals must provide an appropriate medical screening examination to any individual who comes to an emergency department, and either stabilizing treatment or an appropriate transfer for an individual who comes to a hospital and who is determined to have an emergency medical condition.
• Attachment: The attached Guidance provides direction to regional office and state survey agency personnel on how to apply EMTALA in investigations when the Born-Alive Infants Protection Act is potentially implicated.
• The Born-Alive Infants Protection Act of 2002 (Pub. L. 107-207) adds to the United States Code a definition of the term “individual” to include every infant who is born alive, at any stage of development; it also adds a definition of the term “born alive.”
• The Emergency Medical Treatment and Labor Act (EMTALA) provides certain rights to “any individual” who comes to an emergency department and “any individual” who comes to a hospital. In particular, hospitals must provide an appropriate medical screening examination to any individual who comes to an emergency department, and either stabilizing treatment or an appropriate transfer for an individual who comes to a hospital and who is determined to have an emergency medical condition.
• Attachment: The attached Guidance provides direction to regional office and state survey agency personnel on how to apply EMTALA in investigations when the Born-Alive Infants Protection Act is potentially implicated.