Because of the EMTALA law, the emergency physician has to see and stabilize the patient.
To concretize what EMTALA does to a healthcare facility, transpose the law to the restaurant setting.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
One other consequence of EMTALA, also not often mentioned, is that it creates a moral hazard.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
The repeal of EMTALA would be an important step that policymakers serious about returning freedom to healthcare industry should take.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
As an unfunded mandate, the cascading consequences of EMTALA are significant.
If a person knows that, because of EMTALA, they will not be refused emergency care despite being unable to afford it, what is their incentive for obtaining insurance?
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
Most important is the fact that EMTALA requires all CMS-participating hospitals (which amounts to almost every hospital) to provide emergency care to all individuals seeking care irrespective of ability to pay.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
In creating this false right, EMTALA also fuels the animus of certain individuals against purchasing their own health insurance because the law created an emergency care safety net that is always available.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
This common sense, market-based approach in which one is expected to pay for the things one needs is forbidden from occurring in the healthcare realm, and those who violate EMTALA are subject to heavy fines.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
What EMTALA has predictably created is a situation in which emergency care has become viewed as a right to be provided by healthcare facilities irrespective of the fact that to do so nullifies the rights of providers.
FORBES: Universal Health Insurance Mandates, And The Emergency Care Myth
For many years, the Medicare program has made payments to hospitals, called Disproportionate Share Hospital payments (DSH), in order to compensate hospitals for taking care of the uninsured, because Medicare mandates through the EMTALA law that hospitals provide emergency care to everyone, including illegal immigrants, regardless of their ability to pay.
FORBES: How Ohio's Medicaid Expansion Will Increase Health Insurance Premiums for Everyone Else
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