Diversion Of Ambulance Can Violate EMTALA

Law360, New York (May 29, 2008, 12:00 AM EDT) -- The United States Court of Appeals for the First Circuit has held that a hospital can violate the Emergency Medical Treatment and Active Labor Act (EMTALA) when it diverts a nonhospital-owned ambulance en route to the facility to another hospital without being on formal diversionary status.

Although the United States Court of Appeals for the Ninth Circuit issued a similar ruling in 2001, both decisions appear to conflict with the plain meaning of the EMTALA regulations, which states that a nonhospital-owned ambulance does not become subject...
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