EMTALA was enacted by Congress in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 (42 U.S.C. §1395dd). EMTALA requires Medicare-participating hospitals with emergency departments to screen and treat the emergency medical conditions of patients in a non-discriminatory manner to anyone, regardless of their ability to pay, insurance status, national origin, race, creed or color. OAHHS has the below EMTALA templates for use of its Oregon hospital members.
In addition, SB 1606 requires a hospital to allow patients with disabilities to designate at least three support persons, and to allow at least one support person to be present with the patient in the emergency department and during the hospital stay if necessary to facilitate care and for any discussion in which the patient is asked to elect hospice care or to sign an advance directive or other instrument.
Additionally, SB 1606 requires a hospital to ensure that before life-sustaining procedures are withheld or withdrawn from a patient who has an intellectual or developmental disability, the patient’s health care representative or attending provider must contact Oregon DHS to provide notice to the patient’s case manager.