Centers for Medicare & Medicaid Services (“CMS”) closed out 2010 by publishing an Advanced Notice of Proposed Rulemaking soliciting comments for new regulations implementing the Emergency Medical Treatment Active Labor Act (“EMTALA”). Specifically, CMS is anticipating new regulations regarding (i) the applicability of EMTALA to hospital inpatients, and (ii) the responsibilities of hospitals with specialized capabilities.
CMS last addressed these issues in 2008 where, in response to concerns raised by the hospital industry, they definitively finalized its policies to state that if an individual with an unstable emergency medical condition is admitted to a hospital as an inpatient, the EMTALA obligation has been satisfied – even where the individual’s condition remained unstable. This determination had the further effect of determining that a hospital with specialized capabilities did not have an EMTALA obligation to accept an appropriate transfer of a patient who had been admitted as an inpatient to the first hospital. Recent litigation has called these policies into question as courts have come to a range of different conclusions regarding the intent and scope of EMTALA.
CMS is particularly interested in comments which present “specific real world examples.” If you are interested in submitting a comment to CMS on these issues, you must do so before 5:00 pm EST on February 22, 2011. Houston Harbaugh, P.C. will monitor any upcoming rulemaking and keep you updated on any new regulations effecting your practice.