News & Analysis as of

Emergency Rooms Coronavirus/COVID-19

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

Baker Donelson

Immediate Jeopardy: Handling EMTALA Complaints in a COVID-19 World

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Before the COVID-19 pandemic, Emergency Department (ED) visits had risen more than 60 percent since 1997 to about 146 million, with nearly 46 visits per 100 persons in 2016. With waves of COVID-19 cases overwhelming the...more

Akerman LLP - Health Law Rx

New Florida Laws Focus on Health Care

Before closing its 2021 session, the Florida Legislature passed several bills that impact health care. The first bill discussed below regarding civil liability became effective on March 29, 2021. The majority of the other...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 8, October 2020

Attorney General William P. Barr Announces Publication of Cryptocurrency Enforcement Framework - "The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the...more

McDermott Will & Emery

CMS Issues FAQs on EMTALA Requirements for Hospitals

On April 28, 2020, the Centers for Medicare and Medicaid Services (CMS) issued Frequently Asked Questions for Hospitals and Critical Access Hospitals regarding EMTALA (FAQs) as a supplement to the memorandum on the Emergency...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Healthcare Compliance at the Border

Laws like EMTALA and HIPAA don’t just apply to US citizens. They apply to everyone. That both keeps things simple and adds complexity when it comes to undocumented immigrants. As Lesley Anne Durant, Senior Corporate...more

Akerman LLP - Health Law Rx

Some Things Never Change: EMTALA in the Time of COVID-19

Even in this time of crisis, nothing has changed about a hospital’s obligation to comply with the Emergency Medical Treatment and Labor Act (EMTALA). However, the Centers for Medicare and Medicaid Services (CMS) has issued...more

Snell & Wilmer

CMS Updates COVID-19 Guidance As It Relates to EMTALA

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On March 30, Centers for Medicare and Medicaid Services ("CMS") updated its guidance previously issued on March 9 regarding a hospital’s ongoing obligations under Emergency Medical Treatment and Labor Act ("EMTALA") amidst...more

Amundsen Davis LLC

Hospital Guidance For Meeting EMTALA Requirements In Light Of COVID-19

Amundsen Davis LLC on

The Emergency Medical Treatment and Labor Act (EMTALA) ensures public access to emergency medical services regardless of ability to pay. EMTALA requires Medicare-participating hospitals with emergency departments (EDs) to, at...more

Alston & Bird

Hospital EMTALA Obligations Under Recent COVID-19 Waivers

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Hospitals are the first place people look to for COVID-19 testing and treatment. Now the Centers for Medicare & Medicaid Services has made it easier for those hospitals on the front lines. Our Health Care Group examines four...more

Fox Rothschild LLP

EMTALA Obligations Amid The COVID-19 Pandemic

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The Centers for Medicare & Medicaid Services (CMS) recently issued additional guidance regarding Emergency Medical Treatment And Labor Act requirements (EMTALA) as they relate to hospitals’ screening and treatment of patients...more

Faegre Drinker Biddle & Reath LLP

Centers for Medicare & Medicaid Services Issue Guidance Regarding EMTALA Requirements During COVID-19

In response to the COVID-19 pandemic, health care providers have been faced with numerous questions about how to effectively treat patients during the pandemic while still complying will all applicable laws. ...more

Foley & Lardner LLP

COVID-19: CMS Issues EMTALA Guidance

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As the coronavirus pandemic has unfolded, hospitals across the country have begun asking how the Emergency Medical Treatment and Labor Act (EMTALA) will be applied to them when they are confronted with individuals coming to...more

Health Care Compliance Association (HCCA)

CMS EMTALA Memo: Hospitals Must Accept COVID-19 Patients; Alternate Sites May Be OK

Report on Medicare Compliance 29, no. 10 (March 16, 2020) - Even as it warned hospitals they must comply with the screening and transfer requirements of the Emergency Medical Treatment and Labor Act (EMTALA) in the...more

King & Spalding

Coronavirus Update: CMS Guidance Issued this Month

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As the number of coronavirus cases across the country continue to rise, CMS has issued several coronavirus-specific memorandums to healthcare providers and laboratories. In the past two weeks, CMS has issued disease-specific...more

Morgan Lewis - ML Benefits

COVID-19 Testing Group Health Plan Mandated Coverage Requirements

The Families First Coronavirus Response Act (Act), signed into law Wednesday, requires group health plans to provide coverage for coronavirus (COVID-19) diagnostic testing, including the cost of healthcare provider visits (as...more

Cozen O'Connor

HHS Issues EMTALA Waivers As a Result of the COVID-19 Pandemic

Cozen O'Connor on

On March 13, 2020, the Secretary of the U.S. Department of Health And Human Services (HHS) issued a series of waivers pursuant to Section 1135 of the Social Security Act, following President Trump’s declaration that the...more

Bricker Graydon LLP

COVID-19 Update: HHS issues EMTALA waiver for actions necessitated by COVID-19

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On March 13, 2020, following President Trump’s declaration of a national emergency due to the COVID-19 (coronavirus) pandemic, the Secretary of Health and Human Services (HHS) issued, among others, the following Emergency...more

Bricker Graydon LLP

COVID-19 Update: CMS issues EMTALA guidance

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On March 9, 2020, the Centers for Medicare and Medicaid Services (CMS) issued guidance on Emergency Medical Treatment and Active Labor Act (EMTALA) requirements and implications related to COVID-19 (coronavirus)....more

Miles & Stockbridge P.C.

Can a Hospital Set Up Patient Screening Sites Outside of Its Emergency Department?

CMS issued guidance on March 9, 2020, that allows hospitals to set up alternative screening sites on campus and at off-campus, hospital-controlled sites. The guidance provides the following options...more

McDermott Will & Emery

CMS Releases Updated Guidance on EMTALA Requirements and COVID-19 Implications

McDermott Will & Emery on

In response to the spread of COVID-19 infections and questions from the provider community, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group (QSO) issued a series of three memoranda...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stafford Act and Possible Waivers

President Trump declared a National Emergency under the Stafford Act on March 13, 2020. This allows the Department of Health and Human Services (HHS) to waive certain Medicare and Medicaid requirements, giving hospitals and...more

K&L Gates LLP

COVID-19: EMTALA Guidance on COVID-19 While Hospitals Await Potential EMTALA Waivers

K&L Gates LLP on

On March 9, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued guidance to State Survey Agency Directors regarding Emergency Medical Treatment and Labor Act (“EMTALA”) requirements and implications related to...more

Arnall Golden Gregory LLP

Novel Coronavirus: EMTALA Compliance for Hospitals with Dedicated Emergency Departments (Updated)

On March 9, 2020, CMS issued a memorandum to State Survey Agency Directors regarding the implications of COVID-19 on providers’ EMTALA obligations. ...more

Morgan Lewis

CMS Issues Guidance to Hospitals on Emergency Treatment of COVID-19 Patients

Morgan Lewis on

The Centers for Medicare & Medicaid Services (CMS) continues to issue frequent guidance to the healthcare industry, including guidance after receiving questions on fulfilling Emergency Medical Treatment and Labor Act...more

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