EMTALA Will Continue to Apply to Inpatients in the 6th Circuit

Due both to Court of Appeals interpretations and to CMS regulations, EMTALA does not generally apply to patients who are admitted for at least an overnight stay.  But the U.S. Court of Appeals for the Sixth Circuit (Michigan, Ohio, Kentucky, Tennessee) held that EMTALA does apply to inpatients.  Many expected the Supreme Court to take the case to clarify the statute.  But, yesterday, the Supreme Court denied certiorari.  That leaves the 6th Circuit ruling in place, and unfortunately non-uniformity across the United States.  As I blogged before, this ruling could (in many circumstances) materially limit the ability of hospitals in those four states to unilaterally refuse inappropriate treatment.