News & Analysis as of

Motion to Dismiss EMTALA

Holland & Knight LLP

Failure to X-Ray Implicates Emergency Medical Treatment and Active Labor Act

Holland & Knight LLP on

The Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) is designed to prevent patient "dumping." It applies to all individuals coming to the emergency department (ED) of a hospital that accepts Medicare...more

Holland & Knight LLP

EMTALA as a Basis for a Qui Tam Case?

Holland & Knight LLP on

The Emergency Medical Treatment & Labor Act (EMTALA) requires a hospital with an emergency department (ED) to provide "an appropriate medical screening examination" when an individual comes to the ED and a request is made on...more

BakerHostetler

Novel “Bad Faith Admission” EMTALA Theory Survives Motion to Dismiss

BakerHostetler on

The U.S. District Court for the Northern District of California recently denied Contra Costa Regional Medical Center’s (CCRMC) motion to dismiss regarding an alleged violation of the Emergency Medical Treatment and Labor Act...more

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