They are not required to do this. EMTALA requires them to "stablize" people.
EMTALA requires:
Every person who “comes to the emergency department” and requests examination or treatment must receive an appropriate medical screening by a qualified provider to determine whether an “emergency medical condition” (EMC) exists.
An “emergency medical condition” is defined broadly and includes:
- Conditions with acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to result in:
- Serious jeopardy to health
- Serious impairment to bodily functions
- Serious dysfunction of any bodily organ or part
- Active labor (in pregnant patients) is specifically included even if the mother or baby isn’t imminently dying.
My guess is that most ER's are treating people trying to get medicaid/county money or self-pay on the back end, or by the time they triage the people, they might as well go ahead and treat them?
What EMTALA does NOT require
- Full treatment of non-emergent conditions.
- Admission to the hospital (they can stabilize and discharge).
- Ongoing or long-term care.
- Treatment beyond what is necessary to resolve the emergency medical condition (i.e., once the patient is “stabilized” — meaning the condition is no longer likely to deteriorate seriously if discharged — the obligation ends).
So it's kind of a good question - are the ER's going beyond what is necessary trying to get paid under other programs, or have they been sued into compliance due to the questionable vagueness of "serious jeopardy to health" or "impairment of bodily functions" ?