Hospital Midwives Seek Right to Certify False Labor : EMTALA's guidelines leave it up to the hospital to determine whether doctors should examine the patient.

Dr. Yeh clarified that the word “labor” did in fact appear in the EMTALA statute under the definition of a transfer, and that a false-labor discharge qualified as a transfer.

EMTALA was enacted in 1986 to ensure public access to emergency services regardless of ability to pay. The Medicare Modernization Act of 2003 required that the Department of Health and Human Services establish a technical advisory group to review EMTALA regulations. It is required by law to meet at least twice a year.

The group will advise HHS and the administrator of the Centers for Medicare and Medicaid Services on issues related to EMTALA. It is comprised of representatives of hospital, physician, and patient groups, plus CMS staff and state government officials.