Federal emergency room access law
EMTALA (Emergency Medical Treatment and Labor Act)
Last updated: June 2026
In most U.S. hospital emergency departments, you cannot be denied an appropriate medical screening exam because you do not have insurance or cannot pay. EMTALA protects access to emergency screening, stabilizing treatment, and appropriate transfer, but it does not make the ER visit free.
What EMTALA protects
- An appropriate medical screening exam to check whether an emergency medical condition exists.
- Stabilizing treatment when the ER finds an emergency medical condition.
- An appropriate transfer if the hospital cannot stabilize you with its available staff and facilities.
- Access without being turned away because of insurance status, ability to pay, citizenship, race, religion, disability, age, or sex.
What EMTALA does not protect
- It does not make emergency care free.
- It does not guarantee every test, specialist, or follow-up visit you might want.
- It does not prevent the hospital, physician group, ambulance company, or other providers from billing you later.
- It does not replace medical advice from the ER team or your own clinician.
What to ask for
- Ask to be checked for an emergency medical condition.
- Ask whether you have been medically screened under EMTALA.
- Ask what the ER believes is needed to stabilize your condition.
- If you are being transferred, ask why the transfer is needed and what risks and benefits were explained.
Steps to take
- If symptoms may be an emergency, call 911 or go to the nearest ER first.
- After the visit, write down the hospital name, date, time, and what happened.
- If you believe you were denied screening or stabilizing treatment, use CMS guidance to file an EMTALA complaint.
- Keep ER discharge papers, bills, and any written transfer instructions.