What Happens If I
Do Not Have Florida Health Insurance?
What if I do not get health
insurance, doesn’t the hospital still have to take care of me?
That’s a good question.
After all, if you are on the street homeless, we know the government
will not necessarily make sure you have shelter. If you are hungry,
the powers to be are not there to serve up a meal. So, what would happen
if you had a medical emergency? Would the state of Florida let you die
on the hospital steps?
Fortunately, even though
the government will let you freeze to death or starve to death, there
are laws regarding health care. Makes you wonder why health insurance
is the hot topic for the presidential debates and not the basic necessities
of life.
Emergency Medical
Treatment and Labor Act (EMTLA)
The Emergency Medical Treatment
and Active Labor Act is a statute which governs when and how a patient
may be (1) refused treatment or (2) transferred from one hospital to
another when he is in an unstable medical condition.
The purpose of this statute was to prevent hospitals from refusing treatment
or dumping people on “charity hospitals” or shipping them
off to the local county hospital.
It is important to understand that these rules are meant to provide
treatment for emergency purposes only. If you do not have an emergency
condition, the hospital has no further obligation to treat you.
For example, if a women came to the emergency room in active labor,
then the hospital would have to treat her through delivery.
The hospital makes the determination through an initial medical exam
to determine if an emergency exists.
What Do They Consider an Emergency?
Here is a quote that pretty well sums it up:
"A medical condition manifesting itself by acute
symptoms of sufficient severity (including severe pain) such that the
absence of immediate medical attention could reasonably be expected
to result in -- placing the health of the individual (or, with respect
to a pregnant woman, the health of the woman or her unborn child) in
serious jeopardy, serious impairment to bodily functions, or serious
dysfunction of any bodily organ or part, or
"With respect to a pregnant woman who is having contractions --that
there is inadequate time to effect a safe transfer to another hospital
before delivery, or that the transfer may pose a threat to the health
or safety of the woman or her unborn child."
The laws and specific rules surrounding EMTLA are complex. But a common
sense approach will usually suffice. Keep in mind that the although
the hospital care must be at the same level as the care provided to
all other patients, it does not mean that you get to pick and choose
your physicians. Also, once you are stabilized they can discharge you,
if medical protocol allows it. Follow up care might not be available
and prescriptions are not covered on an ongoing basis.
In regard to pregnancy, they are only obligated to deliver the baby.
Pre-natal care is not part of the deal. There are a lot of conditions
where you might be suffering but are not considered an emergency under
this act.
Bottom Line
The bottom line is that you are entitled to emergency treatment in Florida
even if you do not have health insurance. If you can afford health insurance
but think that this statute will be a viable alternative, you are a
what we call "not the brightest bulb in the pack". I do not
know how to say it any other way. This is for the poor soul who has
no alternative due to a pre-existing condition or economic hardship.
It is not for someone who decides to take a cruise, buy new furniture
or a motorcycle instead of health insurance. We have first class health
care in this country, even the lowest cost, highest deductible health
insurance plan will give you access to it. Of course, you could always
follow Michael Moore's suggestion and move to Cuba.
If you want to know more about your rights under this act, here are
some excellent websites:
Emergency Medical Treatment
and Labor Act
MedLaw
American Academy
of Emergency Medicine
FLQUOTE.COM - A Full Service Florida
Insurance Broker
Coral Springs, Florida 33076
1-800-272-0512
954-757-0033
We serve the entire state of Florida
from the keys to the panhandle.
FLQUOTE.COM™©2000 All
rights reserved.
We are licensed
Florida life and health agents.
