You could have gone to the hospital without reform...

I have read numerous posts throughout much of the healthcare reform debate that center around this very notion:

We need / should have healthcare reform in this country so that people can go to the hospital and receive treatment even if they can't pay or don't have insurance.

Here's the frustrating part: They already can.

There was a federal law passed in this country in 1986 that provided every American, regardless of income and / or insurance coverage, treatment by a hospital in case of an emergency.

First, let's define what constitutes a medical emergency:

What is considered an emergency situation?

According to the Emergency Medical Treatment and Labor Act (EMTALA), an 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:

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
serious impairment to bodily functions, or
serious dysfunction of any bodily organ or part; or

(B) with respect to a pregnant woman who is having contractions:
that there is inadequate time to make a safe transfer to another hospital before delivery, or
that transfer may pose a threat to the health or safety of the woman or the unborn child.

Link: articles.moneycentral.msn.com...

Now, in the event of a person, any person, experiencing any of the above-mentioned complaints, here is what he/she is entitled to regardless of insurance status and/or their ability or inability to pay the bill:

The Emergency Medical Treatment and Active Labor Act (EMTALA)[1] is a U.S. Act of Congress passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospitals and ambulance services to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. There are no reimbursement provisions. As a result of the act, patients needing emergency treatment can be discharged only under their own informed consent or when their condition requires transfer to a hospital better equipped to administer the treatment.

Link: en.wikipedia.org...

As a bonus, even illegal immigrants get medical treatment when they need it without having insurance and without having to pay a penny if he/she can not afford to do so.

But, there has to be a catch, right? There are probably only 12 hospitals in the entire country that provide this....right? Wrong again.

The federal law applies to hospitals that participate in Medicare -- and that includes most hospitals in the United States.

Link: articles.moneycentral.msn.com...

Since "most" is a rather vague description, let's put a number on it:

Alabama: 104 hospitals
Alaska: 13
Arizona: 78
California: 161 (Central & Northern); 194 (Southern)
Florida: 103 (Northern); 79 (Southern)
Louisiana: 116
New Jersey: 66
New York: 98 (Upstate); 93 (NYC area)
Texas: 183 (Eastern & Southern); 184 (Northern & Western)

I tried to get a good mix since I don't have the patience to go through all 50 states. But if you do, here's the link to finding what hospitals accept Medicare and therefore are also held to the EMTALA Law:

Link: www.hospitalcompare.hhs.gov...|Home|Search|SearchMethod|Welcome&NewSearch=NewSearch#TabTop

It saddens me to think that there are people fighting so hard for reform when they are not aware of the laws we already have in this country.

This thread is not meant to say that the above means we don't need healthcare reform at all, but it's purpose is to stop people from using the lie that we need healthcare reform so that people without insurance and/or money can receive treatment.

Now, if you're next argument is that "OK....I received treatment but now I have a million-dollar bill to pay and I don't have it!"

Here's another little gem perhaps you weren't aware of:

--

Hospitals and related services cannot receive a judgment against the patient in court filings made more than 36 months after the date the patient was discharged, or the last partial payment the patient made to the hospital, contractor, or agent. After that period, the patient may not be threatened with legal action if payment is not made, and may not be denied future outpatient services from the same company/agency that a patient is able to pay.

--

f a patient has been awarded monetary damages against the hospital or any related or affiliated services by a court of law, or has settled out of court on damages, the hospital and related/affiliated services may not withhold monies due to lack of payment, or count the money toward the bill in lieu of making payment to the patient. Voluntary consent for such an arrangement is permitted only if initiated by the patient. Hospitals may not threaten or coerce a patient into such a settlement, or mislead the patient into believing such an arrangement is required or recommended.

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Patients cannot face criminal prosecution for failure to pay, even if the patient came to the hospital aware of inability to pay. Hospitals and third-party agents may not threaten patients with prosecution as a means of scaring the patient into making payment. Patient can be prosecuted under existing federal, state, or local laws for providing false name, address, or other information to avoid payment, receiving bills, or to hide fugitive status.

--

A hospital may not perform a credit check on a patient either before, during, or after stay. The patient cannot receive a negative credit mark for failure to pay the hospital or any related services, or any third-party agent collecting on their behalf. Such services may not threaten patient with credit reporting to scare them into paying.

Link: en.wikipedia.org...

There is one thing that I'm sure many people would argue is unfair to do to people that can't pay the bill or don't have insurance:

Hospitals are not required to provide premium services to the patient not related to medical care (such as television) when failure to provide this service does not compromise patient care.

Link: en.wikipedia.org...

So....you can get patched up but you can't watch American Idol. I guess everything comes at a price....

It's one thing to argue that healthcare reform in this country is needed, it's entirely another to argue it is needed for something we already have.

Know your rights and know the laws already in place in this country before you start supporting new measures that erode our personal freedoms such as the freedom to choose.

I wonder how many people will admit to not knowing they were already covered in case of emergency....

Yeah But.........the government does not get a cut without the reform.

Also, the insurance companies needed a new 30 million pool of forced payees.

Oh well, 38 states are fighting this monstrosity.

Thanks for posting this info. To be quite honest, I never knew about it for I was lucky enough to have an immediate family member work for a health insurance company.

I appreciate you bringing this to a whole new audience, unfortunately, its a few months late.

This is true. I know because someone I know had to do it. But now because of the Healthcare bill you'll recieve some type of penalty if you have no insurance, to be collected by the IRS. So the government has created another tax another mechanism of control. Think outside the Matrix Neo. You can do anything.

OP, what you say is the truth. I worked in an E.R., and no matter who you were or how much $ you had, you rec'd care. There was a payment plan set up also. In fact, when I was young and uninsured, I had to go once. I was given good care, and the payment plan they set up was easy to afford.
This whole thing is nothing but smoke and mirrors. This is nothing but a power/money grab. Control the middle class, and you control the country, because we hold all the power and they know it, that's why they have to stop us now before we realize it, and take it back away from them. If the next congress/President repeals this, what happens to all the collected taxes? Do we get a refund? NO!!!, because it will have already been passed out to all those waiting in wings now with their hand out, yelling "We helped you get elected, now where's my money?"
Sicken me beyond belief.

Thank you for all of your comments!

Sadly, this truth is going unnoticed by many and the stories that have been used in posts in favor of reform that go something like: "I showed up at the ER bleeding and all they did was ask me for money before they would even give me a band-aide!" are the statements that are as much nonsense and utterly false as much as they are desperate.

And if they really believe what they wrote, they should have to pass a competency test before even being allowed to have a say.