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Since many would appear to be ignorant of the facts ... from the Federal Emergency Medical Treatment and Active Labor Act:
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(a) Medical screening requirement
In the case of a hospital that has a hospital emergency
department, if any individual (whether or not eligible for benefits
under this subchapter) comes to the emergency department and a
request is made on the individual's behalf for examination or
treatment for a medical condition, the hospital must provide for an
appropriate medical screening examination within the capability of
the hospital's emergency department, including ancillary services
routinely available to the emergency department, to determine
whether or not an emergency medical condition (within the meaning
of subsection (e)(1) of this section) exists.
(b) Necessary stabilizing treatment for emergency medical
conditions and labor
(1) In general
If any individual (whether or not eligible for benefits under
this subchapter) comes to a hospital and the hospital determines
that the individual has an emergency medical condition, the
hospital must provide either -
(A) within the staff and facilities available at the
hospital, for such further medical examination and such
treatment as may be required to stabilize the medical
condition, or
(B) for transfer of the individual to another medical
facility in accordance with subsection (c) of this section.
(2) Refusal to consent to treatment
A hospital is deemed to meet the requirement of paragraph
(1)(A) with respect to an individual if the hospital offers the
individual the further medical examination and treatment
described in that paragraph and informs the individual (or a
person acting on the individual's behalf) of the risks and
benefits to the individual of such examination and treatment, but
the individual (or a person acting on the individual's behalf)
refuses to consent to the examination and treatment. The
hospital shall take all reasonable steps to secure the
individual's (or person's) written informed consent to refuse
such examination and treatment.
(3) Refusal to consent to transfer
A hospital is deemed to meet the requirement of paragraph (1)
with respect to an individual if the hospital offers to transfer
the individual to another medical facility in accordance with
subsection (c) of this section and informs the individual (or a
person acting on the individual's behalf) of the risks and
benefits to the individual of such transfer, but the individual
(or a person acting on the individual's behalf) refuses to
consent to the transfer. The hospital shall take all reasonable
steps to secure the individual's (or person's) written informed
consent to refuse such transfer.
(c) Restricting transfers until individual stabilized
(1) Rule
If an individual at a hospital has an emergency medical
condition which has not been stabilized (within the meaning of
subsection (e)(3)(B) of this section), the hospital may not
transfer the individual unless -
(A)(i) the individual (or a legally responsible person acting
on the individual's behalf) after being informed of the
hospital's obligations under this section and of the risk of
transfer, in writing requests transfer to another medical
facility,
(ii) a physician (within the meaning of section 1395x(r)(1)
of this title) has signed a certification that (FOOTNOTE 1)
based upon the information available at the time of transfer,
the medical benefits reasonably expected from the provision of
appropriate medical treatment at another medical facility
outweigh the increased risks to the individual and, in the case
of labor, to the unborn child from effecting the transfer, or
(FOOTNOTE 1) So in original. Probably should be followed by a
comma.
(iii) if a physician is not physically present in the
emergency department at the time an individual is transferred,
a qualified medical person (as defined by the Secretary in
regulations) has signed a certification described in clause
(ii) after a physician (as defined in section 1395x(r)(1) of
this title), in consultation with the person, has made the
determination described in such clause, and subsequently
countersigns the certification; and
(B) the transfer is an appropriate transfer (within the
meaning of paragraph (2)) to that facility.
A certification described in clause (ii) or (iii) of subparagraph
(A) shall include a summary of the risks and benefits upon which
the certification is based.
(2) Appropriate transfer
An appropriate transfer to a medical facility is a transfer -
(A) in which the transferring hospital provides the medical
treatment within its capacity which minimizes the risks to the
individual's health and, in the case of a woman in labor, the
health of the unborn child;
(B) in which the receiving facility -
(i) has available space and qualified personnel for the
treatment of the individual, and
(ii) has agreed to accept transfer of the individual and to
provide appropriate medical treatment;
(C) in which the transferring hospital sends to the receiving
facility all medical records (or copies thereof), related to
the emergency condition for which the individual has presented,
available at the time of the transfer, including records
related to the individual's emergency medical condition,
observations of signs or symptoms, preliminary diagnosis,
treatment provided, results of any tests and the informed
written consent or certification (or copy thereof) provided
under paragraph (1)(A), and the name and address of any on-call
physician (described in subsection (d)(1)(C) of this section)
who has refused or failed to appear within a reasonable time to
provide necessary stabilizing treatment;
(D) in which the transfer is effected through qualified
personnel and transportation equipment, as required including
the use of necessary and medically appropriate life support
measures during the transfer; and
(E) which meets such other requirements as the Secretary may
find necessary in the interest of the health and safety of
individuals transferred.
http://www.emtala.com/statute.txt
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Retro ...
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I guess it side tracked somewhere
