Court rules EMTALA applies to infants
Credentialing Resource Center Connection, July 21, 2005
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The Wisconsin Supreme Court recently ruled that the Emergency Medical
Treatment and Active Labor Act (EMTALA) requires hospitals to provide medical screening to infants born in a hospital's birthing center, and not just to patients presenting themselves to the emergency department.
The decision (Preston v. Meriter Hospital Inc.), reversed an earlier ruling by a state court of appeals. After analyzing the language and regulatory history of EMTALA, the court concluded, "When a baby is born in a hospital birthing center, the newborn has come to the emergency department for purposes of the EMTALA duty to provide a medical screening examination."
The court decision can be found online at http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=18996
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