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North Carolina Hospitals' Dilemma: The Inherent Conflict Between Carolina Access And The Emergency Medical Treatment And Active Labor Act, Benjamin D. Overby

Campbell Law Review

This comment will show that Carolina ACCESS' Emergency Room Policy forces hospitals into a difficult situation. On one hand, the EMTALA binds emergency departments to appropriately screen all persons who enter its doors. On the other hand, Carolina ACCESS tells a hospital that it will pay for only certain services leaving the hospital to make a choice: lower its exam standards thus risking liability under EMTALA, or conduct an appropriate exam and then suffer the economic loss when the patient's condition is deemed non-emergent.