Which scenario describes a violation of EMTALA?

The scenario that describes a violation of EMTALA (Emergency Medical Treatment and Labor Act) is the transfer of an unstable patient to another facility. EMTALA mandates that hospitals with emergency departments must provide a medical screening examination to any individual who comes to the emergency department, regardless of their insurance status or ability to pay, and must ensure that patients who are determined to have an emergency medical condition receive appropriate stabilization before being transferred to another facility.

Transferring an unstable patient violates this regulation because it places the patient at greater risk; EMTALA requires hospitals to provide necessary stabilizing treatment before any transfer can occur. By failing to stabilize an unstable patient and proceeding with a transfer, the hospital is not complying with the legal obligation to ensure the patient's health is protected during the transfer process.

In contrast, asking about insurance status, while it may not align with best practice for patient care, does not constitute a violation of EMTALA. Providing stabilization care only, as long as the patient is stabilized before transfer, is also compliant. Transporting a woman in labor to the closest hospital adheres to EMTALA's requirements, as it aims to ensure the patient receives timely care at an appropriate facility.