Center Articles and Publications

Waiving EMTALA Sanctions in Response to Public Health Emergencies

Brooke Courtney

Biosecurity and Bioterrorism. Volume 8, Number 3, 2008. © Mary Ann Liebert, Inc. doi: 10.1089/bsp.2008.0825.

Introduction: The Emergency Medical Treatment and Labor Act (EMTALA) ensures that all individuals, regardless of their ability to pay, have access to hospital emergency medical services. However, during certain emergencies, such as severe storms or an influenza pandemic, the capacity of hospitals to provide emergency care could be seriously compromised. Sanctions for noncompliance with EMTALA provisions, therefore, may be waived if the Secretary of the U.S. Department of Health and Human Services (HHS) issues a waiver under section 1135 of the Social Security Act. If issued, this type of waiver enables healthcare institutions and providers directly affected by a declared disaster to provide the greatest good to the greatest number of patients by focusing on delivering care within their capacity to do so. It can also provide important liability protections.

Note: Full article available on publisher's website.

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