When EMTALA was enacted, the emergency preparedness and response to disaster and pandemics was not part of the government agenda. As a result, EMTALA was meant to ensure that anyone who goes into the ER for a medical emergency be treated, but did not include any exception for disaster in which ER was obligated. After the 9/11 attack and the recent attacks event, CMS and Congress has taken measures to clarify the application of EMTALA in disaster or pandemic. These actions have given the Secretary of HHS the ability to waive EMTALA requirements during specified disaster and emergency. The EMTALA regulation prohibits transfer of patient with a medical emergency prior to stabilization, unless the transfer is “appropriate.” During a disaster, the
