Following the Supreme Court’s decision in Moyle v. United States, U.S. Department of Health and Human Services Secretary Xavier Becerra and the Centers for Medicare & Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure sent a letter to hospital and provider associations across the country today reminding them that it is a hospital’s legal duty to offer necessary stabilizing medical treatment (or transfer, if appropriate) to all patients in Medicare-participating hospitals who are found to have an emergency medical condition. CMS also announced that the investigation of EMTALA complaints would proceed in Idaho while litigation continues in the lower courts.
In the letter, HHS and CMS also announced the launch of a Spanish-language version of the Emergency Medical Treatment and Active Labor Act (EMTALA) complaint form, the latest step taken by the Department to further educate the public about their rights to emergency medical care. The Spanish-language complaint form builds on new information resources on CMS’ website to help individuals understand their protections under EMTALA and the process for submitting a complaint if they are denied emergency medical care. HHS and CMS also established a dedicated team of experts who are increasing the Department’s capacity to support hospitals in complying with federal requirements under EMTALA.
In 2022, CMS issued guidance to reaffirm that EMTALA requires providers offer necessary stabilizing care for patients suffering emergency medical conditions, which might include abortion care in certain situations. Today’s letter reinforces previous letters from Secretary Becerra and Administrator Brooks-LaSure to hospital and provider associations reminding them of their obligations under EMTALA.
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