

REBEL Cast – EMTALA + Reproductive Health Rights
Apr 3, 2024
Dr. Dara Kass, an emergency medicine physician and former Regional Director for the U.S. Department of Health and Human Services, is joined by Dr. Monica Saxena, an assistant professor at Stanford and advocate for reproductive justice. They delve into how the Emergency Medical Treatment and Labor Act (EMTALA) shapes access to reproductive health services. The discussion highlights the legal challenges post-Dobbs v. Jackson, the tension between state laws and federal protections, and the critical need for greater awareness of patient rights and physician advocacy.
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Core EMTALA Duties
- EMTALA requires a medical screening exam and stabilizing treatment for any emergency medical condition, including active labor, regardless of ability to pay.
- Hospitals must provide stabilizing care within their capacity or implement an appropriate transfer following four strict conditions.
Recent Harmful Denials Of Care
- Monica Saxena described recent cases where pregnant patients were denied needed pregnancy-terminating care, causing harm and delays.
- Examples include a molar pregnancy left in a parking lot and a PPROM case leading to home delivery and later ICU care.
Report EMTALA Violations
- File EMTALA complaints through your state health agency or CMS if you witness violations; complaints can be anonymous.
- Let CMS investigate because they can impose fines and protect physicians and patients from unlawful hospital practices.