Navigating EMTALA Rules
Compliance Perspectives: Healthcare Compliance at the Border
Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more
The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more
On May 1st, the Centers for Medicare and Medicaid Services (CMS) announced investigations into two hospitals that did not provide necessary stabilizing treatment to a pregnant individual experiencing an emergency medical...more
One year ago, the Supreme Court overturned Roe v. Wade and the decades of decisions that had followed it, resting authority to regulate or prohibit abortion with the citizens of each state. But one year after Dobbs, the legal...more
On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more
On 10 March 2023, the U.S. Department of Justice (the DOJ) appealed to the Fifth Circuit Court of Appeals an amended final decision by the Northern District of Texas (the Texas District Court) that struck down U.S. Department...more
The Centers for Medicare & Medicaid Services (CMS) released to the public on Dec. 5, 2022, new training materials (Training Materials) on the Emergency Medical Treatment and Labor Act (EMTALA) consisting of a new, high-level...more
In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more
The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more
Federal litigation was in the spotlight last week with two major decisions related to the Biden-Harris administration’s Emergency Medical Treatment and Labor Act (EMTALA) guidance on providing abortion services as emergency...more
In eliminating the federal constitutional right to abortion, the United States Supreme Court’s July 24, 2022 decision, Dobbs v. Jackson Women’s Health Organization, returned the question of abortion regulation to the “people...more
The Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization represents a sea-change in Constitutional law that has already impacted our country in multiple ways. By overruling Roe v. Wade (1973)...more
Following the Supreme Court’s decision in Dobbs, one federal law, the Emergency Medical Treatment and Labor Act (EMTALA), has become a focal point in the Biden administration’s efforts to challenge state attempts to restrict...more
HHS released guidance on July 11, 2022, stating that the Emergency Medical Treatment and Active Labor Act (EMTALA)—which requires hospitals and physicians to provide emergency medical treatment when an emergency medical...more
The weeks after the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization decision have seen an array of federal and state actions on the issue of access to abortion-related services, including new...more
The Centers for Medicare & Medicaid Services (“CMS”) issued updated guidance on July 11, 2022, reinforcing the federal Emergency Medical Treatment and Labor Act (“EMTALA”) obligations specific to patients who come to a...more
On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more
The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more
On Monday, July 11, 2022, the secretary of Health and Human Services (HHS) issued a letter to healthcare providers regarding the Emergency Medical Treatment and Active Labor Act (EMTALA), indicating that when a state law...more
Since the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, in which the Court determined that the authority to regulate abortion rests with the political branches, i.e. legislatures, and not the courts,...more