Mass. General Laws c.111 § 51-1/4

Acute care hospitals, requirement to provide hospital emergency services to patients; civil action

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see:

• Law about health care

Updates

Added by St. 2025, c. 16, § 11 effective November 5, 2025

Section 51 1/4 (Effective November 5, 2025)

(a)

For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Emergency medical condition”, a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in: (i) placing the health of the patient in serious jeopardy; (ii) serious impairment of bodily functions; or (iii) serious dysfunction of any bodily organ or part; provided, however, that “emergency medical condition” shall include, but shall not be limited to, ectopic pregnancy, complications of pregnancy loss or abortion, active labor, risks to future fertility, preterm premature rupture of membranes, placental abruption or bleeding from placenta previa or emergent hypertensive disorders, such as preeclampsia and eclampsia and peripartum cardiomyopathy, and any other condition a licensed health care provider, acting within their lawful scope of practice, determines, in the provider’s best medical judgment, to be an emergency medical condition.

“Patient”, any person who presents at a hospital or who is brought to a hospital by ambulance or specialized emergency medical services vehicle as defined in section 1 of chapter 111C.

“Stabilizing treatment”, includes abortion when abortion is necessary to resolve the patient’s injury or emergency medical condition.

(b)

Acute-care hospitals licensed under section 51G, during all operating hours of an emergency department or a satellite emergency facility as defined in section 511/2, shall provide hospital emergency services to any patient who presents with an injury or an emergency medical condition. Acute-care hospitals shall furnish hospital emergency services, including, but not limited to, medical screening by qualified medical personnel, to reach with reasonable clinical confidence a determination of whether a patient has an emergency medical condition and to provide necessary stabilizing treatment for patients with an emergency medical condition. Acute-care hospitals shall establish and maintain policies and procedures for the provision of hospital emergency services, including for a patient’s refusal to consent, restricting transfers until the patient is stabilized, appropriate transfers of patients, nondiscrimination in providing services to patients, preventing delay in examination or treatment of patients and whistleblower protections.

(c)

The department may promulgate regulations to implement this section.

(d)

The attorney general may bring a civil action for injunctive or other equitable relief to enforce this section. In any action brought by the attorney general under this section, the court may also award a civil penalty of not more than $10,000 for each violation.

Last updated:	August 7, 2025