Essay Sample on Long-Lasting Impact of EMTALA

Introduction

The Emergency Medical Treatment and Labor Act was established in 1986 to ensure patients would receive medical treatment from hospitals regardless of their financial situation. The initial intent of the law was to prevent patient "dumping" (Zibulewsky, 2001). Private hospitals had previously been dumping uninsured patients to public hospitals thereby denying them emergency medical care. After coming into effect, it created a lot of controversy from different sectors. Many of the issues that should have been addressed by the Act are still persistent. This paper examines the impact of EMTALA in relation to cost, quality, and access. I believe the effectiveness of EMTALA can be increased if the government further refines the law and provides financial support to health providers.

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EMTALA has enabled every person to receive emergency care in their time of need. Even though the Act does not guarantee the best medical outcomes, it still ensures standard quality emergency care is accessible to everyone. Before the enactment of EMTALA, not all individuals would be eligible for medical screening. However, ever since the law came into force, any person that requests for the procedure can have their wishes fulfilled. Medical screening is essential because it provides a basis for determining whether a person suffers from a certain medical condition (American College of Emergency Physicians, 2016). In the previous times, individuals would be prevented from receiving immediate medical action as the health providers would first inquire about the payment options and insurance coverage. This often endangered lives. EMTALA has made medical screening every patient's rights. Even though the law is a great relief to many individuals, its effectiveness can be optimized through some ways. First of all, the providers should not feel obliged to comply with EMTALA regulations. The government needs to support them to ensure the best medical outcomes are achieved and not just standard quality care.

Under the EMTALA provisions, individuals are assured of receiving treatment for any condition they might be suffering from. In situations where a hospital cannot handle a certain condition, the hospital is obliged to transfer the patient to another facility where the patient can receive the appropriate treatment. The hospitals which can handle specialized cases cannot refuse to accommodate a transferred patient with specialized needs. However, as much as the Act has enabled many individuals to receive emergency care, it has also impacted negatively on hospital resources and the overall quality of care.

Ever since the law was passed. There has been a steady increase in the number of emergency visits. The number has risen from 77 million in 1986 to about 127 million in 2009 (Friedman, 2011). This has affected the quality of care provided by the health providers as ETMALA is largely unfunded. Friedman (2011) reports that the number of visits to emergency departments has been rising at the rate of 5 million every year. The increased visits have ultimately led to crowding in the emergency departments. The situation is said to be worse in cities. Additional funding by the government would greatly help in improving the situation. It is without the doubt that the legislation has saved numerous lives, but it has also created serious problems that need to be reviewed. Stakeholders in the healthcare field have stated how it is "expensive, fragmented and uncoordinated." (Friedman, 2011). The legislation has certainly disadvantaged some individuals. For instance, people with proper insurance have been subjected to the same treatment as those who are uninsured or underinsured as the medical practitioners no longer ask about insurance.

The legislation by itself faces various challenges and drawbacks. The issue of proper funding for the program has constantly impeded the execution of programs associated with the legislation. Hospitals have sometimes had to incur costs of caring for the emergency patients who frequent the emergency department. A few stakeholders have pointed out that the enactment of the legislation was not based on verifiable data but policy concerns (Zuabi, Weiss, & Langdorf, 2016). The claims that hospitals used to turn away patients in critical condition has not yet been proven. There is also lack of data regarding the practices before the enactment of the law and the practices after the establishment of the law. This has made comparison very difficult. Another issue that has been raised relates to the availability of systems in place. It is claimed that there is no way of evaluating the effectiveness of the legislation.

A section of stakeholders have come out to criticize the legislation for being vague. They have stated that complying with the legislation is difficult because they have a problem understanding its requirements. The government has however attempted to deal with this issue to providing guidance on some levels. There are also claims that providers only support the legislation because they do not want to be punished for going against the law.

Conclusion

EMTALA was established with the intention of providing emergency medical care for every individual. The legislation is a great relief to many people who could not afford proper emergency care in the past due to financial constraints. However, the legislation has also strained medical providers' resources. The government should provide more finances for the program to increase its effectiveness.

References

American College of Emergency Physicians. (2016). EMTALA // ACEP. Retrieved from https://www.acep.org/news-media-top-banner/emtala/#sm.0001czzmppijye3m11414tysvkq05

Friedman, E. (2011, April 5). The Law That Changed Everything'and It Isn't the One You Think. Retrieved from https://www.hhnmag.com/articles/5010-the-law-that-changed-everything-and-it-isn-t-the-one-you-think

Zibulewsky, J. (2001, October 14). The Emergency Medical Treatment and Active Labor Act (EMTALA): what it is and what it means for physicians. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1305897/

Zuabi, N., Weiss, L. D., & Langdorf, M. I. (2016, May). Emergency Medical Treatment and Labor Act (EMTALA) 2002-15: Review of Office of Inspector General Patient Dumping Settlements. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4899053/