Can I go to the ER without insurance, and what can I do about the bill?

Yes. A hospital with an emergency department that takes part in Medicare must examine anyone who comes in asking for emergency care and treat an emergency until it is stable, whether or not you can pay, and it may not delay your care to ask about payment. You may still get a bill afterwards, so ask the hospital about financial assistance and Medicaid before you pay.

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Key facts

FactWhat it saysApplies toSourceAs of
US community hospitals that are nonprofits
58%
US community hospitals
Time a nonprofit hospital must accept your financial assistance application
240 days
Nonprofit hospital facilities

Can a hospital refuse to treat me if I can't pay?

No, not in an emergency. A hospital that takes part in Medicare and has an emergency department must give anyone who comes asking for care a medical screening exam, whether or not they can pay. If there is an emergency medical condition, including active labor, it must treat it until it is stable or arrange an appropriate transfer Source 1.

This federal law is called EMTALA. Nonprofit hospitals also must have a written policy to give emergency care whether or not you qualify for financial assistance Source 2.

The care is not free. You may get a bill afterwards, and the rest of this guide explains what you can do about it.

Can they ask for payment before treating me?

They can't make you wait for care while they ask. The hospital may not delay your screening exam or treatment to ask how you will pay or whether you have insurance Source 1. A nonprofit hospital may not demand payment before it treats an emergency condition Source 2.

Questions about payment can come once you are stable. You can say that you don't have insurance and ask to speak with a financial counselor about financial assistance and Medicaid.

Can I get financial assistance for an ER bill?

Often, yes. A nonprofit hospital's financial assistance policy must cover all emergency care and other medically necessary care, say who qualifies and list the providers it covers Source 2. Most US community hospitals are nonprofits. Their share is 58% (American Hospital Association, Fast Facts on U.S. Hospitals 2026, FY2024).

  1. Ask for the policy and the application. A nonprofit hospital must post them free online, hand out free paper copies, put up notices in the emergency room and in admissions, and translate them for large language groups in its community Source 2.
  2. Apply as soon as you can. A nonprofit hospital must accept your application for a set time after the first bill it sends after you leave. That time is at least 240 days (IRS, published July 2, 2026).
  3. Ask the hospital to pause collection while it decides, and include the proof of income the application asks for Source 4.
  4. Check the separate bills. The emergency room doctors may bill you apart from the hospital. The hospital's policy must list the providers it covers, so check whether they are on it, and if not, ask each one for its own policy Source 2.

If you qualify, the hospital may not charge you more for emergency care than the amounts generally billed to people with insurance Source 5. These federal rules cover nonprofit hospitals. For-profit and government hospitals are not covered by them, though state law may still apply Source 6, so ask any hospital what help it offers.

Our charity-care checker gives you a quick estimate, and our guide to charity care explains how to apply.

Can Medicaid cover an emergency after the fact?

It may. In many states, Medicaid can cover care you got in the months before the month you applied, if you would have qualified when you got it Source 7. Today the number of months is 3 (42 CFR 435.915(a) (eCFR), published 2026). This may not apply in every state, so ask your state Medicaid office or the hospital's financial counselor what applies to you.

  • Apply soon. A recent federal law will shorten how far back Medicaid can go for new applications Source 8. Our guide to Medicaid retroactive coverage has the details.
  • Ask about coverage on the spot. Some hospitals that take part in Medicaid can decide from basic information that you are presumptively eligible, which gives you Medicaid coverage for a time while you make a full application (presumptive eligibility) Source 9.

If you have questions about emergency Medicaid or how any benefit could affect an immigration case, see the last section of this guide.

What about the ambulance bill?

It usually comes separately, from the ambulance service. If you have insurance, the federal surprise-billing protections cover air ambulance services Source 10, but ground ambulance rides were left out of that federal ban Source 11. Some states protect you from surprise ground ambulance bills.

Without insurance, ask the ambulance service for an itemized bill, a discount and a payment plan. Our guide to ambulance bills explains your options.

Does emergency Medicaid affect immigration status?

We answer immigration questions in one place: our guide on immigration status and medical bills.

Next step

Could hospital financial assistance cover your bill?

Sources

  1. Note 1 42 U.S.C. 1395dd (EMTALA), United States Code via GovInfo. Published 2024. Last checked November 3, 2026.

  2. Note 2 IRS, "Financial Assistance Policy and Emergency Medical Care Policy - Section 501(r)(4)". Published July 3, 2026. Last checked November 2, 2026.

  3. Note 3 American Hospital Association, Fast Facts on U.S. Hospitals 2026. Published February 2026. Last checked November 2, 2026.

  4. Note 4 IRS, "Billing and Collections - Section 501(r)(6)". Published July 2, 2026. Last checked November 2, 2026.

  5. Note 5 IRS, "Limitation on Charges - Section 501(r)(5)". Published July 3, 2026. Last checked November 2, 2026.

  6. Note 6 IRS, "Requirements for 501(c)(3) Hospitals Under the Affordable Care Act - Section 501(r)". Published July 2, 2026. Last checked November 2, 2026.

  7. Note 7 42 CFR 435.915(a) (eCFR). Published 2026. Last checked November 3, 2026.

  8. Note 8 Public Law 119-21 (An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14), 139 Stat. 72, GovInfo. Published July 4, 2025. Last checked November 3, 2026.

  9. Note 9 42 CFR 435.1110 (eCFR). Published 2026. Last checked November 3, 2026.

  10. Note 10 CMS, "Medical bill rights". Published October 5, 2026. Last checked November 2, 2026.

  11. Note 11 CMS, Advisory Committee on Ground Ambulance and Patient Billing. Published August 2024. Some states protect you from surprise ground ambulance bills. Last checked November 2, 2026.

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