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CMS launches new option for individuals to report potential violations of the Emergency Medical Treatment and Labor Act

Recently, the Centers for Medicare & Medicaid Services (CMS) launched a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. This new web resource is part of the Biden-Harris Administration’s comprehensive plan to educate the public and promote patient access to the emergency medical care to which they are entitled under federal law.

“HHS is committed to protecting access to emergency medical care for everyone in America and making sure appropriate steps are taken if they don’t get that care,” said Health and Human Services (HHS) Secretary Xavier Becerra. “We will continue to uphold the law and the right to emergency care, to inform people of their rights under EMTALA, and to make it easier for someone denied care to file a complaint.”

“If an individual believes their EMTALA rights have been violated, it is important that they can easily file a complaint,” said CMS Administrator Chiquita Brooks-LaSure. “We want to make sure that everyone knows their rights and can take action to help make sure the health care system is safe for everyone.”

CMS is dedicated to safeguarding the health and safety of millions of individuals, a commitment that includes enforcing federal laws including EMTALA. Medicare-participating hospitals are required under EMTALA to provide medical screening exams for individuals arriving at hospital emergency departments to determine if the person has an emergency medical condition. If an emergency medical condition is confirmed, hospitals must provide stabilizing medical treatment (or, if unable to stabilize the person within its capability, to appropriately transfer the patient). CMS continues to work to enforce federal law, to ensure access to quality health care services protected by EMTALA.

For more information, please visit the CMS website.

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