Pawlenty needs to be removed from office.Wouldn't it be helpful to post the actual EMTALA laws for everyone to see?
Here are excerpts from EMTALA:
TITLE 42, CHAPTER 7, SUBCHAPTER XVIII, Part E, § 1395dd
(a) Medical screening requirement
In the case of a hospital that has a hospital emergency department, if any individual (whether or not eligible for benefits under this subchapter) comes to the emergency department and a request is made on the individual’s behalf for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screening examination within the capability of the hospital’s emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition (within the meaning of subsection (e)(1) of this section) exists.
(b) Necessary stabilizing treatment for emergency medical conditions and labor
(1) In generalIf any individual (whether or not eligible for benefits under this subchapter) comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either—(A) within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or(B) for transfer of the individual to another medical facility in accordance with subsection (c) of this section.
[Sections c and d skipped for the sake of brevity.]
In this section:
(1) The term “emergency medical condition” means—(A) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—(i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy,(ii) serious impairment to bodily functions, or(iii) serious dysfunction of any bodily organ or part; or
(B) with respect to a pregnant woman who is having contractions—
(i) that there is inadequate time to effect a safe transfer to another hospital before delivery, or(ii) that transfer may pose a threat to the health or safety of the woman or the unborn child.
If I am not mistaken, nothing in EMTALA requires an emergency room staff to treat a patient for a non-emergency problem once the emergency room staff has determined that the patient has a non-emergency problem.
If I am correct, then Pawlenty is mistaken about EMTALA needing changed.