CMS Statement on Emergency Medical Treatment and Labor Act (EMTALA)

The Department of Health and Human Services and Centers for Medicare & Medicaid Services (“CMS”) are rescinding July 2022 guidance from CMS with the subject “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (QSO-22-22-Hospitals) and (QSO-21-22-Hospitals) and the accompanying Letter from the former Secretary of Health and Human Services, which do not reflect the policy of this Administration. CMS will continue to enforce EMTALA, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy. CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.