CMS Reminds Providers of EMTALA Obligations Specific to Patients who are Pregnant or are Experiencing Pregnancy Loss

Published: 07/22/2022

  • Centers for Medicare and Medicaid Services
Relevant To:
  • All Healthcare Organizations

The U.S. Centers for Medicare and Medicaid Services (CMS) has issued a new memorandum to restate existing guidance for hospital staff and physicians regarding their obligations under the Emergency Medical Treatment and Labor Act (EMTALA), in light of new state laws prohibiting or restricting access to abortion. The EMTALA statute is codified at section 1867 of the Social Security Act, 42 U.S.C. § 1395dd.

Hospitals and physicians generally have three obligations under EMTALA:

  • The first i

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