EMTALA Regulation Changes and H1N1 Pandemic Flu and EMTALA Waivers

The Fiscal Year (FY) 2010 Inpatient Prospective Payment System (IPPS) Final Rule included technical revisions concerning the non-applicability of EMTALA sanctions under Section 1135(b)(3) of the Social Security Act (the Act). During a public health emergency, waivers under section 1135(b)(3) can provide exceptions to penalties for the otherwise impermissible redirection or relocation of individuals for a medical screening examination (MSE) and for inappropriate transfers. In this memorandum we describe the waiver process for these EMTALA-specific waivers.