Interaction of the Born-Alive Infant Protection Act and

5410.1 - Interaction of the Born-Alive Infant Protection Act and EMTALA (Rev. 18, Issued: 03-17-06; Effective/Implementation Dates: 03-17-06) With the definition of the terms “person” and “individual” codified at 1 U.S.C. §8, it is clear that there are circumstances where EMTALA protections are applicable to an infant who is born alive, as that term is defined in 1 U.S.C. §8(b). For example, assume that a hospital’s labor and delivery department meets the definition of a “dedicated emergency department.” If an infant was born alive in that dedicated emergency department, and a request was made on that infant’s behalf for screening for a medical condition, (or if a prudent layperson would conclude, based on the infant’s appearance or behavior, that the infant needed examination or treatment for an emergency medical condition and that a request would have been made for screening) the hospital and physician could be liable for violating EMTALA for failure to provide such a screening examination. The born-alive infant is a “person” and an “individual” under 1 U.S.C. § 8(a) and the screening requirement of EMTALA applies to “any individual” who comes to the emergency department. Another example is a case of an infant born alive elsewhere on the hospital’s campus (i.e., not in the hospital’s dedicated emergency department) and a prudent layperson observer concluded, based on the born-alive infant’s appearance or behavior, that the infant was suffering from an emergency medical condition. In such a circumstance, the hospital and its medical staff are required to perform a medical screening examination on that infant to determine whether or not an emergency medical condition existed. If the hospital or its medical staff determined that the infant was suffering from an emergency medical condition, the hospital has an obligation to admit the infant, or to comply with either the stabilization requirement or the transfer requirement of EMTALA. The born- alive infant is a “person” and an “individual,” as described above, and the stabilization and transfer requirements of EMTALA apply to “any individual” who comes to the hospital. Finally, a third example is when the hospital admits a born-alive infant. EMTALA does not apply to inpatients. If a born–alive infant is admitted to the hospital, EMTALA would not apply to protect the infant in most circumstances. However, the Medicare COPs would apply to the infant once he or she was admitted to the hospital as an inpatient.