AHA and FAH to CMS: Need for Direction to Regional Offices and Surveyors Regarding EMTALA

AHA and FAH to CMS: Need for Direction to Regional Offices and Surveyors Regarding EMTALA and the Care of Patients with Psychiatric and Substance Use Disorders

The American Hospital Association and the Federation of American Hospitals write to urge the Centers for Medicare & Medicaid Services (CMS) to provide additional instruction to state surveyors and regional offices regarding the correct application of the Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA). We have recently been made aware of instances in which hospitals have been required by surveyors to take steps that are not in the best interest of the patient, nor in accord with current CMS rules and guidance.

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