CMS rescinds EMTALA guidance

The Department of Health and Human Services and Centers for Medicare & Medicaid Services said June 3 they are rescinding 2022 CMS guidance 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 HHS Secretary, 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,” today’s CMS statement said. “CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”