News & Analysis as of

Hospitals EMTALA

Holland & Hart LLP

CMS Updates EMTALA Signage for Hospitals

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On August 13, 2024, the Centers for Medicare and Medicaid Services (CMS) and its Center for Clinical Standards and Quality / Quality, Safety & Oversight Group issued its memorandum QSO-24-17-EMTALA (the “Memorandum”),...more

McDermott Will & Emery

CMS Recommends That Hospitals Adopt Updated EMTALA Signage

McDermott Will & Emery on

The Centers for Medicare and Medicaid Services (CMS) recently announced the release of updated model signage for use by Medicare-participating hospitals to inform patients of their rights under the Emergency Medical Treatment...more

Dorsey & Whitney LLP

Iowa Fetal Heartbeat Law to Go Into Effect on July 29, 2024

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Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Punts on EMTALA Preemption Question

On June 27, 2024, the U.S. Supreme Court dismissed Idaho v. United States on procedural grounds and sent the case back to the Ninth Circuit. By doing so, the Supreme Court reinstated the preliminary injunction issued by the...more

Holland & Hart LLP

Supreme Court Restores the EMTALA Exception to Idaho's Abortion Ban for Now

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On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more

Sheppard Mullin Richter & Hampton LLP

EMTALA: In the Spotlight

Almost 40 years after its passing, the Emergency Medical Treatment and Active Labor Act (EMTALA) remains not only a key consideration for hospitals with emergency departments, but also a significant federal enforcement...more

Holland & Hart LLP

Avoiding EMTALA Penalties

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The Emergency Medical Treatment and Active Labor Act ("EMTALA") provides that if a patient comes to a hospital or hospital-owned urgent care center, the hospital and relevant on-call physicians must provide an appropriate...more

Epstein Becker & Green

CMS Announces Comprehensive Plan to Ensure EMTALA Compliance

CMS’s New Actions Related to EMTALA - On January 22, 2024, the Department of Health and Human Services (HHS) announced that, through the Centers for Medicare & Medicaid Services (CMS), it will launch a comprehensive plan...more

Holland & Knight LLP

EMTALA Patient Education Initiative Launched by HHS and CMS

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The U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) have started a new effort to educate the public about the Emergency Medical Treatment and Labor Act (EMTALA)....more

Amundsen Davis LLC

Hospitals Beware: What to Expect During an EMTALA Investigation

Amundsen Davis LLC on

The Centers for Medicare and Medicaid Services (CMS) has increasingly focused its efforts on investigating hospital emergency departments for potential violations of the Emergency Medical Treatment and Labor Act (EMTALA),...more

Amundsen Davis LLC

Uncertainty of State Abortion Laws Leads to CMS Investigations of Hospitals Denying Emergency Care

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On May 1st, the Centers for Medicare and Medicaid Services (CMS) announced investigations into two hospitals that did not provide necessary stabilizing treatment to a pregnant individual experiencing an emergency medical...more

Husch Blackwell LLP

It’s a Long Way From Here to There: Advanced Healthcare Practitioners, EMTALA’s Call Coverage Requirements, and Rural Hospitals

Husch Blackwell LLP on

Distances in rural health care can be hard to fathom. A 2018 study found it took rural Americans, on average, 17 minutes to get to a hospital, but only 10 minutes in an urban center. The distance between rural hospitals can...more

Sheppard Mullin Richter & Hampton LLP

EMTALA and Pregnancy Care Remains a Federal Enforcement Priority

On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more

Morgan Lewis

What Hospitals Need to Know: 15 Key PHE-Related Waivers Ending May 11

Morgan Lewis on

The impending end of the COVID-19 national and public health emergency will present a complicated landscape to navigate for hospital systems, which look to minimize the impact of the transition to post-pandemic normality....more

ArentFox Schiff

Post-Dobbs Hospital Risk Assessment, Part 1: Evaluating the Impact on Delivery of Abortion Services

ArentFox Schiff on

In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a...more

Health Care Compliance Association (HCCA)

Compliance Today - March 2023. EMTALA confusion: Clinically stable, stable for transfer, and stabilized

The terms clinically stable and stable for transfer are frequently used by and familiar to emergency department and hospital staff. When it comes to compliance with the Emergency Medical Treatment and Labor Act (EMTALA) in...more

Bricker Graydon LLP

What to expect now that we’re expecting: What the end of the public health emergency means for healthcare providers

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On January 30, 2023, President Biden announced that both the COVID-19 national emergency and the public health emergency (PHE) will end May 11, 2023. This announcement has left many healthcare providers considering how the...more

ArentFox Schiff

Conducting a Post-Dobbs Risk Assessment: A Guide for Hospitals and AMCs

ArentFox Schiff on

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series,...more

Parker Poe Adams & Bernstein LLP

How North Carolina Hospitals Can Navigate the Thorny Legal Landscape Involving Emergency Abortion Care

​​​​​​​In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

Foley Hoag LLP

Competing EMTALA Decisions Underscore Complexity of Post-Dobbs Legal Landscape

Foley Hoag LLP on

In eliminating the federal constitutional right to abortion, the United States Supreme Court’s July 24, 2022 decision, Dobbs v. Jackson Women’s Health Organization, returned the question of abortion regulation to the “people...more

Foley Hoag LLP

Two Lawsuits on EMTALA’s Role in a Post-Dobbs World

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Following the Supreme Court’s decision in Dobbs, one federal law, the Emergency Medical Treatment and Labor Act (EMTALA), has become a focal point in the Biden administration’s efforts to challenge state attempts to restrict...more

BakerHostetler

DOJ Alleges Idaho Abortion Law Violates EMTALA

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On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor...more

King & Spalding

HHS Says Hospitals Must Provide Abortions When an Emergency Medical Condition is Found to Exist; Texas Files Lawsuit in Response

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HHS released guidance on July 11, 2022, stating that the Emergency Medical Treatment and Active Labor Act (EMTALA)—which requires hospitals and physicians to provide emergency medical treatment when an emergency medical...more

Manatt, Phelps & Phillips, LLP

EMTALA v. State Abortion Laws: Navigating the Legal Uncertainties of Emergency Abortion Care

In the wake of the Supreme Court’s decision overturning Roe v. Wade, the Centers for Medicare & Medicaid Services (CMS) issued guidance to health care providers on July 11, 2022, underscoring that the federal Emergency...more

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