I recently started building products focused on healthcare affordability in the US. As I was ramping up on a new space, the biggest question that sparked my curiosity was: how did we get here? This question is the inspiration for this weekly series chronicling the decisions, accidents, and breakthroughs that built the US healthcare system.
By the early 1980s, a quiet crisis had been building in American emergency rooms.
Hospitals across the country were denying medical care to roughly a quarter million patients annually because they were uninsured or couldn’t afford to pay. The practice had a name: patient dumping. Private hospitals refused to treat patients who couldn’t pay. Ambulances were rerouted mid-route if a patient’s insurance didn’t meet a hospital’s standards. Women in active labor were sent to other facilities, even when doing so endangered their lives.
In Dallas, the number of dumping victims jumped from 70 per month in 1982 to over 200 per month in 1983. Physicians at Cook County Hospital in Chicago — the public hospital absorbing the transfers — started tracking what was arriving from private ERs. Of 467 transferred patients: 22% needed intensive care within 24 hours, 24% arrived medically unstable, and 9.4% died — compared to 3.8% of patients who hadn’t been transferred.
EMTALA passed largely under the radar — a four-page bill tucked inside the Consolidated Omnibus Budget Reconciliation Act of 1985. It barely registered until after Reagan signed it in 1986.
The law was simple: any hospital accepting Medicare — nearly every hospital in America — had to screen and stabilize any patient arriving at their emergency department, regardless of ability to pay, insurance status, or citizenship.
It passed with broad bipartisan support. The problem it addressed was one members of both parties found unconscionable. Almost nobody argued against the principle.
What nobody fully debated was the consequence.
The employer-based system covered working Americans. Medicare covered the elderly. Medicaid covered some of the poor. EMTALA, with one stroke, turned every emergency room into a guaranteed safety net for everyone the rest of the system had left behind.
The ER became America’s doctor for the uninsured.
Emergency rooms are the most expensive possible setting for routine care. A diabetic patient who can’t afford $15 a month for insulin doesn’t stop being diabetic. They manage without medication, deteriorate quietly, and eventually arrive in crisis — at a cost that can run into tens of thousands of dollars. EMTALA required the hospital to treat them. It created no mechanism to prevent them from getting there in the first place.
Between 1990 and 2009, ER visits per 1,000 population increased by 18%. Uncompensated care grew from $6.1 billion in 1983 to $40.7 billion in 2004. Those costs didn’t disappear — they were absorbed by hospitals, shifted onto insured patients, or passed back to the government.
EMTALA is one of the most humane laws in the history of American healthcare. People who would have died in parking lots lived. Women in labor received care.
And it became the most expensive patch ever applied to a system that had never decided who it was supposed to serve. Every unresolved question from the posts in this series found its way, eventually, to an emergency room.
