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Special Focus

Implications of the Emergency Medical Treatment and Labor Act (EMTALA) During Public Health Emergencies and on Alternate Sites of Care

Andrew R. Roszak, JD, MPA, Frances R. Jensen, MD, CDR-USPHS, Richard E. Wild, MD, JD, MBA, FACEP, Kevin Yeskey, MD and Michael T. Handrigan, MD, CDR-USPHS

Address correspondence and reprint requests to Andrew R. Roszak, JD, MPA, US Department of Health and Human Services, Office of the Assistant Secretary for Preparedness and Response, Senior Public Health Advisor, Emergency Care Coordination Center, Switzer Bldg Room 5217, 200 Independence Ave SW, Washington, DC 20201 (e-mail:andrew.roszak{at}hhs.gov).

Hospitals throughout the country are using innovative strategies to accommodate the surge of patients brought on by the novel H1N1 virus. One strategy has been to help decompress the amount of patients seeking care within emergency departments by using alternate sites of care, such as tents, parking lots, and community centers as triage, staging, and screening areas. As at any other time an individual presents on hospital property, hospitals and providers must be mindful of the requirements of the Emergency Medical Treatment and Labor Act. In this article we review the act and its implications during public health emergencies, with a particular focus on its implications on alternative sites of care.

Key Words: Emergency Medical Treatment and Labor Act • medical surge • alternate sites of care • capacity • H1N1 • triage • emergency department