Dynamic List Information
Dynamic List Data
Title
Reminder of Emergency Medical Treatment and Labor Act (EMTALA) Requirements and Guidance for Hospitals in a Disaster
Memo #
QSO-24-02-Hospitals/CAHs/REH/EMTALA
Posting Date
2023-12-08
Fiscal Year
2024
Title
Memorandum Summary
• CMS is reinforcing EMTALA requirements and the existing flexibilities available for hospitals experiencing an extraordinary surge in demand for Emergency Department (ED) services in anticipation of possible increases in cases of influenza, COVID-19, and RSV this fall and winter season.
• The attached fact sheet reinforces previous guidance regarding the options hospitals may utilize to increase surge capacity in their facilities and assist in maintaining compliance with the EMTALA requirements at 42 CFR 489.24 and the related requirements at 42 CFR 489.20 (l), (m), (q) and (r) when EDs are experiencing extraordinary surges in demand.
• State Agencies will continue to follow the routine complaint and survey procedures outlined in State Operations Manual, Chapter 5 Complaint Procedures and Appendix V Interpretive Guidelines – Responsibilities of Medicare Participating Hospitals in Emergency Cases.
• State Agencies and surveyors responsible for EMTALA enforcement are expected to be aware of the flexibilities permissible under EMTALA. These flexibilities will be considered when evaluating a hospital’s compliance with the EMTALA requirements. during a survey.
• CMS expects healthcare staff and surveyors (contractors, Federal, State, and Local) to comply with basic infection control practices to prevent and minimize the transmission of infection within these healthcare facilities while also adhering to the applicable infection control requirements for their respective provider type.
• CMS is reinforcing EMTALA requirements and the existing flexibilities available for hospitals experiencing an extraordinary surge in demand for Emergency Department (ED) services in anticipation of possible increases in cases of influenza, COVID-19, and RSV this fall and winter season.
• The attached fact sheet reinforces previous guidance regarding the options hospitals may utilize to increase surge capacity in their facilities and assist in maintaining compliance with the EMTALA requirements at 42 CFR 489.24 and the related requirements at 42 CFR 489.20 (l), (m), (q) and (r) when EDs are experiencing extraordinary surges in demand.
• State Agencies will continue to follow the routine complaint and survey procedures outlined in State Operations Manual, Chapter 5 Complaint Procedures and Appendix V Interpretive Guidelines – Responsibilities of Medicare Participating Hospitals in Emergency Cases.
• State Agencies and surveyors responsible for EMTALA enforcement are expected to be aware of the flexibilities permissible under EMTALA. These flexibilities will be considered when evaluating a hospital’s compliance with the EMTALA requirements. during a survey.
• CMS expects healthcare staff and surveyors (contractors, Federal, State, and Local) to comply with basic infection control practices to prevent and minimize the transmission of infection within these healthcare facilities while also adhering to the applicable infection control requirements for their respective provider type.