This comment will show that Carolina ACCESS' Emergency Room Policy forces hospitals into a difficult situation. On one hand, the EMTALA binds emergency departments to appropriately screen all persons who enter its doors. On the other hand, Carolina ACCESS tells a hospital that it will pay for only certain services leaving the hospital to make a choice: lower its exam standards thus risking liability under EMTALA, or conduct an appropriate exam and then suffer the economic loss when the patient's condition is deemed non-emergent.
Benjamin D. Overby, North Carolina Hospitals' Dilemma: The Inherent Conflict between Carolina ACCESS and the Emergency Medical Treatment and Active Labor Act, 20 Campbell L. Rev. 135 (1997).