U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services
The 1986 Emergency Medical Treatment and Labor Act (EMTALA) requires any psychiatric hospital that participates in Medicare and has available capacity to accept appropriate transfers of individuals found to have emergency medical conditions (EMCs) that require specialized psychiatric service capabilities, regardless of the individual’s ability to pay. Medicaid statute, however, prohibits provision of federal Medicaid matching funds for inpatient care provided in “institutions for mental disease” (IMDs) for individuals aged 21 to 64, even for services provided to beneficiaries with EMCs.
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