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MD

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AR 142

Supports continued protection of federal Emergency Medical Treatment and Active Labor Act.

2024-2025 Regular Session Introduced by Margie Donlon and 1 co-sponsor

New Jersey Assembly urges continued federal protection of EMTALA to ensure emergency care for all regardless of ability to pay (non-binding).

Introduced in the Assembly, Referred to Assembly Oversight, Reform and Federal Relations Committee
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Bill Summary · AR 142

Summary of Assembly Resolution AR 142

Overview

  • Bill Number: AR 142
  • Title: Supports continued protection of the federal Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Type: Assembly Resolution (non-binding)
  • Status: Introduced in the Assembly on June 6, 2024; referred to the Assembly Oversight, Reform and Federal Relations Committee
  • Subject: Emergency medical services (EMER SVCS)

Purpose and intent

AR 142 expresses the New Jersey General Assembly’s strong support for the continued protection and enforcement of EMTALA at the federal level. The resolution emphasizes that EMTALA is vital to ensuring that the public has access to emergency medical services regardless of a patient’s ability to pay.

What EMTALA does (background)

Based on the introduced text, EMTALA, enacted in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act of 1985, requires:
- All individuals who present to a hospital emergency department to be screened by qualified medical personnel to determine whether an emergency medical condition exists.
- Hospitals not to delay an appropriate screening examination or stabilizing treatment for any reason, including inquiries about payment method or health insurance status.
- EMTALA to apply until either:
1) the medical screening identifies no emergency medical condition, or
2) the patient is stabilized or transferred appropriately.
- Hospitals must provide stabilizing treatment within their capabilities before any transfer or discharge.
- Transfers may occur only after screening and stabilization if: the transferring hospital minimizes medical risks, the receiving facility has available space and qualified personnel and agrees to accept the transfer, all available medical records are transferred (and any others as soon as practicable), and the patient is transferred with appropriate personnel and life-support measures as needed.

Provisions of AR 142

  • Be It Resolved: The House respectfully urges the continued protection of EMTALA to ensure ongoing access to emergency services regardless of ability to pay.
  • Transmission directive: Copies of the resolution, as filed with the Secretary of State, shall be transmitted to:
    • Secretary of the U.S. Department of Health and Human Services
    • President of the U.S. Senate
    • Speaker of the U.S. House of Representatives
    • Each member of New Jersey’s congressional delegation
    • Commissioner of Health (New Jersey)
    • Attorney General (New Jersey)

Procedural and timeline aspects

  • This is a non-binding resolution expressing legislative support.
  • It does not create new law or allocate funds.
  • Status indicates introduction and referral to the Assembly Oversight, Reform and Federal Relations Committee; no further action details are provided in the version available.

Potential impact

  • Signal of state legislative support for EMTALA protections, reinforcing the importance of federal enforcement.
  • May influence policymakers and public opinion by affirming EMTALA’s role in ensuring access to emergency care for all, irrespective of pay status.
  • While non-binding, it could encourage federal attention to EMTALA and continuity of protections at the national level.

Compiled from official sources — confirm details with the bill’s official record.

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