"..the patient, may visit any Emergency Department any time"

Rights to Care

Let's begin by addressing some common concerns: EMA holds you in the highest regard and believes every patient should know the following:

Every person is entitled to emergency care as outlined by C.O.B.R.A (Consolidated Omnibus Budget Reconciliation Act) E.M.T.A.L.A (Emergency Medical Treatment and Active Labor Act), acts originally passed by Congress in 1985. Anyone seeking care in an emergency department must be medically evaluated and treated until they are medically stable. The Emergency Physician must be able to attest that the "emergency medical condition" has been alleviated, stabilized or does not exist. This basic right is guaranteed to all patients regardless of their insurance status or ability to pay. What this means is that you, the patient, may visit any Emergency Department any time.

Your Basic Rights

  1. You shall be triaged and evaluated in a prompt fashion to determine whether or not an emergency medical condition exists. This process will occur prior to or concurrent with any inquiry regarding your demographic information, financial status or insurance status.
  2. You shall receive a medical screening examination ("MSE") by the Emergency Department physician to determine whether or not an emergency medical condition exists.
  3. The medical screening examination shall not be delayed through any attempt to secure verification or authorization from a third party payer (HMO, medical insurer, employer) nor shall any information provided in this regard be used to influence the patient prior to the medical screening examination and the initiation of stabilizing care.
  4. The medical screening examination and the stabilization of your condition shall occur to the extent of the capabilities and best efforts of the hospital and/or the provider based location.
  5. You may be transferred if medical services specific to your needs are not available at the particular facility where your evaluation has been undertaken. You may be transferred upon your request or, with your agreement, in concert with the request of your private physician. Be aware that once the emergency medical condition has been resolved and you have been stabilized, you may be transferred for other reasons.

ANYONE WHO IS SEEKING EMERGENCY ATTENTION WILL BE TRIAGED AND EVALUATED AND THE INFORMATION GATHERING PROCESS SHALL NOT DELAY OR INTERFERE WITH THE MEDICAL SCREENING EXAMINATION. REALISTICALLY, MANY OF THESE PROCESSES OCCUR IN A CONCURRENT MANNER AND EVERY ATTEMPT SHALL BE MADE TO ADDRESS YOUR MEDICAL PROBLEM IN A TIMELY AND PROFESSIONAL MANNER.

IF, AFTER YOUR EMERGENCY DEPARTMENT VISIT, YOU ARE NOT IMPROVING AS EXPECTED OR YOUR PHYSICIAN IS UNAVAILABLE TO EXAMINE YOU IN A TIMELY FASHION YOU ARE ALWAYS WELCOME TO RETURN TO AN EMA FACILITY FOR RE-EVALUATION.