A federal law that requires emergency rooms to stabilize and treat all patients regardless of their ability to pay drives up the cost of healthcare and should be eliminated, according to Rep. Diane Black, RN, R-Tenn.
Ms. Black, who serves as the chairman of the House Budget Committee and has a background in emergency room nursing, told MSNBC's Chuck Todd she felt this law, the Emergency Medical Treatment and Labor Act, crowds ERs and drives costs up.
"I would get rid of a law that says you are not allowed, as a healthcare professional, to make that decision about whether someone can be appropriately treated the next day, or at a walk-in clinic, or at their doctor," she said.
EMTALA, which has been in place since the mid 1980s, was intended to keep ERs from turning patients away based on their ability to pay. It helps ensure those who don't have health insurance or need to see a provider after hours have a place to receive care. However, it also means people who have minor illnesses or injuries, or chronic conditions, often inappropriately use ER care.
While eliminating the law could help healthcare professionals send patients to more appropriate settings for care, it could also create liability issues if a clinician incorrectly assesses a patient's level of need.
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