Bill Text: NJ AR142 | 2024-2025 | Regular Session | Introduced
Bill Title: Supports continued protection of federal Emergency Medical Treatment and Active Labor Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-06 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [AR142 Detail]
Download: New_Jersey-2024-AR142-Introduced.html
Sponsored by:
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
Supports continued protection of federal Emergency Medical Treatment and Active Labor Act.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution supporting the continued protection of the federal Emergency Medical Treatment and Active Labor Act.
Whereas, In 1986, as part of the "Consolidated Omnibus Budget Reconciliation Act of 1985" (Pub. L. 99-272, 1986), the United States Congress enacted the federal Emergency Medical Treatment and Active Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay; and
Whereas, EMTALA provides that all individuals who present to a hospital emergency department are to be screened by qualified medical personnel to determine the presence or absence of an emergency medical condition; and
Whereas, Under EMTALA, hospitals may not delay providing an appropriate medical screening examination or stabilizing medical treatment for any reason, including to ask about an individual's method of payment or health insurance status; and
Whereas, EMTALA applies until either (1) the medical screening exam does not identify an emergency medical condition, or (2) the patient is provided with stabilizing treatment or an appropriate transfer; and
Whereas, Under EMTALA, hospitals are required to provide a patient with stabilizing treatment that is within the capabilities of the hospital's staff and facilities before the hospital may initiate a patient transfer to another hospital or medical facility or before the hospital may discharge the patient; and
Whereas, EMTALA provides that a patient with an emergency medical condition may only be transferred after screening and the provision of stabilizing treatment if: (1) the transferring hospital has minimized the medical risks of the patient; (2) the receiving medical facility has available space and qualified personnel for the treatment and agrees to accept the transfer; (3) the transferring hospital sends all medical records related to the emergency condition that are available at the time of the transfer and any other records not yet available as soon as practicable; and (4) the patient is transferred using appropriate personnel and transportation, including the use of necessary and medically appropriate life support measures during the transfer; and
Whereas, It is vital that the provisions of EMTALA remain intact and that the federal government continues to enforce the provisions of this statute to ensure the public's continued access to emergency services regardless of ability to pay; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House respectfully urges the continued protection of the federal Emergency Medical Treatment and Active Labor Act to ensure the public's continued access to emergency services regardless of ability to pay.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Secretary of the U.S. Department of Health and Human Services, the President of the United States Senate, the Speaker of the United States House of Representatives, each member of New Jersey's Congressional delegation, the Commissioner of Health, and the Attorney General.
STATEMENT
This Assembly resolution supports the continued protection of the federal Emergency Medical Treatment and Active Labor Act (EMTALA).
In 1986, Congress enacted EMTALA to ensure public access to emergency services regardless of ability to pay. EMTALA provides that all individuals who present to a hospital emergency department are to be screened by qualified medical personnel to determine the presence or absence of an emergency medical condition.
Under EMTALA, hospitals may not delay providing an appropriate medical screening examination or stabilizing medical treatment for any reason, including to ask about an individual's method of payment or health insurance status. EMTALA applies until either (1) the medical screening exam does not identify an emergency medical condition, or (2) the patient is provided with stabilizing treatment or an appropriate transfer.
Under EMTALA, hospitals are required to provide a patient with stabilizing treatment that is within the capabilities of the hospital's staff and facilities before the hospital may initiate a patient transfer to another hospital or medical facility or before the hospital may discharge the patient.
EMTALA provides that a patient with an emergency medical condition may only be transferred after screening and the provision of stabilizing treatment if: (1) the transferring hospital has minimized the medical risks of the patient; (2) the receiving medical facility has available space and qualified personnel for the treatment and agrees to accept the transfer; (3) the transferring hospital sends all medical records related to the emergency condition that are available at the time of the transfer and any other records not yet available as soon as practicable; and (4) the patient is transferred using appropriate personnel and transportation, including the use of necessary and medically appropriate life support measures during the transfer.
It is vital that the provisions of EMTALA remain intact and that the federal government continues to enforce the provisions of this statute to ensure the public's continued access to emergency services regardless of ability to pay.
