Tuesday, October 4, 2022
HomeLatest NewsFederal NewsHHS Issues Guidance on EMTALA Obligations, Protections

HHS Issues Guidance on EMTALA Obligations, Protections

The Department of Health and Human Services (HHS) recently released guidance and a letter to providers regarding HHS enforcement of the Emergency Medical Treatment and Labor Act (EMTALA) in light of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.

EMTALA) provides rights to any individual who comes to a hospital emergency department and requests examination or treatment. In particular, if such a request is made, hospitals must provide an appropriate medical screening examination to determine whether an emergency medical condition exists or whether the person is in labor. If an emergency medical condition is found to exist, the hospital must provide available stabilizing treatment or an appropriate transfer to another hospital that has the capabilities to provide stabilizing treatment.

The EMTALA statute requires that all patients receive an appropriate medical screening examination, stabilizing treatment, and transfer, if necessary, irrespective of any state laws or mandates that apply to specific procedures.

• The determination of an emergency medical condition is the responsibility of the examining physician or other qualified medical personnel. An emergency medical condition may include a condition that is likely or certain to become emergent without stabilizing treatment. Emergency medical conditions involving pregnant patients may include, but are not limited to, ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features.

• Hospitals should ensure all staff who may come into contact with a patient seeking examination or treatment of a medical condition are aware of the hospital’s obligation under EMTALA.

• A physician’s professional and legal duty to provide stabilizing medical treatment to a patient who presents under EMTALA to the emergency department and is found to have an emergency medical condition preempts any directly conflicting state law or mandate that might otherwise prohibit or prevent such treatment.

• If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment. When a state law prohibits abortion and does not include an exception for the life and health of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.

Click here for more information on EMTALA.

Stay Connected

Unified Voice Newsletter

Events This Month

october

04oct11:00 am12:00 pmPlaying to Your Strengths - Part 1SDAHO Webinar11:00 am - 12:00 pm Event Type :Education Events,Webinar

05oct11:00 am12:00 pmNo Surprises Act: Are you Ready for 2023?SDAHO Webinar11:00 am - 12:00 pm Event Type :Education Events,Webinar

06oct9:00 am3:00 pmFocus on the Medication AideAvera Education & Staffing Solutions9:00 am - 3:00 pm

06oct11:00 am12:00 pmKey Strategies in Developing Policies and ProceduresSDAHO Webinar11:00 am - 12:00 pm Event Type :Education Events,Webinar

06oct12:00 pm1:00 pmLeverage Data to Hold Payers AccountableAHA Webinar12:00 pm - 1:00 pm Event Type :Education Events,Webinar

X


By submitting this form, you are consenting to receive marketing emails from: SDAHO, 3708 W Brooks Place, Sioux Falls, SD, 57106, http://sdaho.org. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact