Skip to Content

Filter by:

Washington Highlights

CMS Requests Comments on EMTALA

February 3, 2012—The Centers for Medicare and Medicaid Services (CMS) Feb. 2 published a request for comments on Emergency Medical Treatment and Labor Act (EMTALA): Applicability to Hospital Inpatients and Hospitals with Specialized Capabilities.

The request concerns two current CMS policies. The first is that a hospital’s EMTALA obligation ends when the hospital, in good faith, admits an individual with an unstable emergency medical condition (EMC) as an inpatient to the hospital.  The second is that when an individual with an EMC comes to a hospital’s dedicated emergency department, is admitted as an inpatient, and continues to have an unstabilized EMC which requires the specialized capabilities of another hospital, the EMTALA obligation for the admitting hospital ends and the hospital with specialized capabilities does not have an EMTALA obligation towards that individual. 

CMS is not proposing to change either policy, but will continue to monitor whether it may be appropriate to reconsider the issue in the future.  Therefore, the agency is providing a 60-day comment period to allow the public to submit data or real-world examples that are relevant to the issue.


Ivy Baer, J.D., M.P.H.
Senior Director and Regulatory Counsel
Telephone: 202-828-0499


envelope on a green background

Subscribe to Washington Highlights

RSS icon

Subscribe to RSS

Washington Highlights, a weekly electronic newsletter, features brief updates on the latest legislative and regulatory activities affecting medical schools and teaching hospitals.

Past Issues

For More Information

Jason Kleinman
Sr. Legislative Analyst, Govt. Relations
Telephone: 202-903-0806