State Operations Manual (SOM) Emergency Medical Treatment and Labor Act (EMTALA) and Death Associated With Restraint or Seclusion Complaint Investigation Timeline Revisions

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Title
State Operations Manual (SOM) Emergency Medical Treatment and Labor Act (EMTALA) and Death Associated With Restraint or Seclusion Complaint Investigation Timeline Revisions
Memo #
19-14-Hospitals, CAHs
Posting Date
2019-06-04
Fiscal Year
2019
Title
• Complaint Investigation Timelines: The timeline for investigations in hospitals and critical access hospitals (CAH) for complaints specific to EMTALA and deaths associated with restraint or seclusion is being changed for the Centers for Medicare & Medicaid (CMS) Regional Office (RO) and State Survey Agency (SA) surveyors from completion in five working days to onsite within two business days. This change brings these two categories of complaint investigations in line with other potential immediate jeopardy (IJ) investigations in Medicare-participating non-long term care facilities.
• Appendix V Revisions: SOM Appendix V contains the EMTALA regulations, interpretive guidelines and survey process. Part I – Investigative Procedures of Appendix V is being revised to address the change in complaint investigation timelines along with other minor clarifications to the survey process.