Roberts v. Galen of Va., Inc., 525 U.S. 249, 5 (1999) (per curiam)

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Cite as: 525 U. S. 249 (1999)

Per Curiam

(b)(1)(A) requires instead the provision of "such further medical examination and such treatment as may be required to stabilize the medical condition." 42 U. S. C. § 1395dd(b)(1)(A). The question of the correctness of the Cleland court's reading of § 1395dd(a)'s "appropriate medical screening" requirement is not before us, and we express no opinion on it here.1 But there is no question that the text of § 1395dd(b) does not require an "appropriate" stabilization, nor can it reasonably be read to require an improper motive. This fact is conceded by respondent, which notes in its brief that "the 'motive' test adopted by the court below . . . lacks support in any of the traditional sources of statutory construction." Brief for Respondent 17. Although the concession of a point on appeal by respondent is by no means dispositive of a legal issue, we take it as further indication of the correctness of our decision today, and hold that § 1395dd(b) contains no express or implied "improper motive" requirement.

Although respondent presents two alternative grounds for the affirmance of the decision below,2 we decline to address these claims at this stage in the litigation. The Court granted certiorari on only the EMTALA issue, and these claims do not appear to have been sufficiently developed

1 We note, however, that Cleland's interpretation of subsection (a) is in conflict with the law of other Circuits which do not read subsection (a) as imposing an improper motive requirement. See Summers v. Baptist Med. Center Arkadelphia, 91 F. 3d 1132, 1137-1138 (CA8 1996) (en banc); Correa v. Hospital San Francisco, 69 F. 3d 1184, 1193-1194 (CA1 1995); Repp v. Anadarko Munic. Hospital, 43 F. 3d 519, 522 (CA10 1994); Power v. Arlington Hospital Assn., 42 F. 3d 851, 857 (CA4 1994); Gatewood v. Washington Healthcare Corp., 933 F. 2d 1037, 1041 (CADC 1991).

2 Respondent argues that the record demonstrates that it did not have actual knowledge of the patient's condition, and that the hospital properly screened Johnson, which terminated its duty under EMTALA. We express no opinion as to the factual correctness or legal dispositiveness of these claims, and leave their resolution to the courts below on remand.

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