In an emergency, hospitals generally cannot turn you away — so if you’ve ever wondered, “Can a Hospital Refuse Care?”, the answer is almost always no in emergency situations. U.S. law (the Emergency Medical Treatment and Labor Act, or EMTALA) requires any hospital with an emergency department to provide a medical screening and stabilizing treatment for all patients in an emergency, regardless of insurance or ability to pay. This means if you walk into an ER with a true emergency (like severe chest pain, breathing trouble, stroke symptoms, labor, etc.), the hospital must examine you and treat or stabilize you; they cannot refuse care based on race, insurance status, citizenship, or ability to pay. In simple terms: if it’s an emergency, a hospital with an ER must treat you. Once your condition is stabilized (no longer life-threatening or acutely worsening), the hospital may discharge you or arrange a transfer to another facility.

Outside of emergencies, the rules are different. In non-urgent situations (for example, routine appointments, elective procedures, or minor illnesses), hospitals and clinics do not have the same legal requirement to accept every patient. They can set their own policies about appointments, accepted insurances, or required referrals. Hospitals with no emergency department – or private doctors’ offices and urgent care clinics – are not covered by EMTALA, so they can choose which patients to see.

What the Law Says About Emergency Care

• Screening exam for everyone. Under EMTALA, every patient who comes to an ER must get a prompt medical screening to see if they have an “emergency medical condition.” The hospital can ask for insurance info, but that cannot delay the exam.

• Treatment until stable. If the screening shows a real emergency, the hospital must provide all necessary treatment to stabilize the patient’s condition. They cannot refuse or stop treatment simply because a patient is uninsured or unable to pay. For example, the law says hospitals “must provide emergency treatment to patients in need, regardless of whether the patient can pay” and must not refuse care because of cost.

• Appropriate transfer. If the hospital lacks the capability (for example, no ICU or specialist on hand) to fully stabilize you, it must arrange a transfer to another facility that can handle your condition, explaining the risks and benefits of the transfer.

Putting it together, EMTALA gives you three key rights in an emergency: (1) a medical screening exam to check for an emergency condition, (2) treatment of that condition until you are stable, and (3) an appropriate transfer if needed. These protections apply equally to everyone. You cannot be denied an emergency screening or treatment because you have no insurance, can’t pay, or for any discriminatory reason.

When Care Can Be Refused

Outside of those emergency rules, hospitals have more leeway to refuse or stop care. Some situations where hospitals may legally decline or discontinue treatment include:

• Non-emergency appointments: For scheduled or routine care, hospitals and doctors can set limits. They can refuse to schedule you if they are full or don’t offer that service. For example, a hospital may not offer a certain specialist or elective surgery, or may not accept your insurance. In those cases the hospital is not legally required to treat you.

• Hospital is full or lacks resources: If a hospital is at capacity (no beds available) or lacks the equipment/staff for a particular service, it may “divert” new patients to other facilities. This isn’t refusal of emergency care per se (they must still screen and stabilize), but it can mean you’re sent elsewhere. Private clinics or labs that are not set up for emergencies can simply refer you to an ER.

• After stabilization: Once an emergency condition is resolved or stabilized, the hospital’s obligation under EMTALA ends. They can then discharge you or require follow-up elsewhere. For example, if you come in with chest pain and get treated for a heart attack, once you’re stabilized they could transfer you out or discharge you for outpatient care.

• Insurance or payment issues (non-emergency): If your visit is not an emergency, a hospital or doctor’s office can refuse service because you lack insurance or funds. (But even then, hospitals cannot delay emergency care pending payment.)

Additionally, hospitals can refuse or end care if a patient’s behavior is unsafe or deceptive. EMTALA and medical ethics recognize that hospitals do not have to treat every individual under all circumstances. For example, a hospital can legally refuse emergency treatment if:

• The patient appears to be seeking controlled drugs (drug-seeking behavior) rather than genuine care.

• The patient has delusions or falsely believes they are sick when medical professionals assess no real illness (no actual emergency).

• The patient is violent, combative, or poses a danger to staff and others while in the hospital.

Hospitals may also stop treating a patient (even in an emergency) if the patient refuses all necessary care or violates hospital rules (for example, smoking or assaulting staff). But any refusal must be based on legitimate medical or safety reasons, not on protected factors.

When Refusal Is Not Allowed

Even outside emergencies, there are some illegal reasons for refusing care. Hospitals (and doctors) may never turn you away for discriminatory reasons such as your race, religion, gender, or disability. And under federal civil rights laws, they cannot refuse care based on citizenship or immigration status. In an emergency specifically, EMTALA makes it clear: you cannot be denied an exam or treatment because of your insurance status, ability to pay, race, religion, nationality, or any other personal characteristic.

For example, refusing emergency care to an uninsured patient is against federal law. Such “patient dumping” (transferring uninsured people to public hospitals) was outlawed by EMTALA in 1986 to prevent exactly that problem. If a hospital did refuse emergency treatment on illegal grounds, it could be held liable.

Key takeaway: If it’s a true emergency, a hospital cannot refuse you care. They must screen and treat you until you are stable In non-emergency or stabilized situations, hospitals do have more choice. They may refuse care for many practical reasons (like no space, no specialists, or patient safety issues), but they cannot do so for illegal reasons. Always ask why you’re being refused, and remember you have legal protections if an emergency patient is improperly turned away.