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Is it illegal for a hospital to refuse service due to lack of insurance?
Anonymous10 views4 answers
I was informed by the nurse of Tulane Medical that due to lack of insurance, I would not receive the proper care. I could go to LSU Medical and wait the long wait and receive generic care for the illness. The nurse then went to the doctor and informed him that I did not have insurance, waited 2 1/2 hours and was then told by the doctor that there was nothing that they could do for me.
The Emergency Medical Treatment and Labor Act (EMTALA) is a FEDERAL LAW that requires anyone presenting to an emergency department to be "stabilized and treated", regardless of their insurance status or ability to pay. Failure to do so MAY result in penalties. I would encourage you to call an attorney and not to wait. There is a statute of limitations.
Please note that this response DOES NOT constitute an attorney client relationship. I am not your attorney; likewise, my law firm has not been engaged to represent you in any capacity. If you are unclear about this or any of the content in this "Answer", I would encourage you to seek the advice of counsel.
Based on your description, it appears you met with nurse who assessed your symptoms and told you they were going to treat others first. this would be OK, but she muddied the water with the statement about payment. A lawyer can help sort the matter, but unless your condition was life threatening, I do not believe there would be any significant recovery.
If your condition is stable, they can refuse to treat you (or continue to treat you) if you have no means to pay. They cannot turn you away regardless of your ability to pay if you are not stable or if transporting you to another hospital could be dangerous to you.
