On January 22, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare and Medicaid Services (“CMS”), announced that it is launching an education campaign for the public about their rights under the federal Emergency Medical Treatment and Labor Act (“EMTALA”).
EMTALA generally requires hospitals across the United States with emergency departments to provide a medical screening examination to an individual who visits the emergency department, to provide stabilizing treatment for individuals with emergency medical conditions (or an appropriate transfer), and EMTALA prohibits such hospitals from refusing to examine or treat individuals who have an emergency medical condition.
As part of this campaign, HHS, through CMS, will: partner with provider as well as hospital associations to release training materials regarding EMTALA obligations; convene with such associations to review best practices in ensuring EMTALA compliance; establish a team of experts to enhance HHS’s capacity to support hospitals in complying with EMTALA; and publish resources on CMS’s website to educate individuals about their EMTALA rights, including information about the complaint submission process. With respect to such resources, here are links to the initial guidance issued in January, 2024:
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