07/14/2022
CMS Clarifies EMTALA Requirements Preempt State Laws
This week, Department of Health and Human Services (HHS) Secretary Becerra sent a letter to all hospitals and health care providers reminding them of their obligation to comply with Emergency medical Treatment and Active Labor Act (EMTALA).
The communication clarifies that EMTALA requirements preempt any state laws that restrict access to stabilizing medical treatment, including abortion procedures and other treatments that may result in the termination of a pregnancy.
CMS also released an updated guidance to hospitals reinforcing that EMTALA requirements apply to all hospitals in all states regardless of the state law to the contrary.
Yesterday, CMS held a conference call with stakeholders on these communications. There were a number of questions about preemption. OSMA will continue to update members on this issue as we anticipate it will end up being challenged in court.