Emergency Medical Treatment and Labor Act (EMTALA)

Emergency Medical Treatment and Labor Act (EMTALA) / en Sun, 15 Jun 2025 11:30:57 -0500 Tue, 03 Jun 25 16:50:45 -0500 CMS rescinds EMTALA guidance /news/headline/2025-06-03-cms-rescinds-emtala-guidance The Department of Health and Human Services and Centers for Medicare &amp; Medicaid Services <a href="https://www.cms.gov/newsroom/press-releases/cms-statement-emergency-medical-treatment-and-labor-act-emtala" target="_blank">said</a> 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” (<a href="https://www.cms.gov/files/document/qso-22-22-hospitals.pdf" target="_blank">QSO-22-22-Hospitals</a>)&nbsp;and (<a href="https://www.cms.gov/files/document/qso-21-22-hospitals-rescinded-05292025.pdf" target="_blank">QSO-21-22-Hospitals</a>), and the accompanying&nbsp;<a href="https://www.hhs.gov/sites/default/files/emergency-medical-care-letter-to-health-care-providers.pdf" target="_blank">letter</a>&nbsp;from the former HHS Secretary, which “do not reflect the policy of this Administration.”&nbsp;“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.&nbsp;“CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”&nbsp; Tue, 03 Jun 2025 16:50:45 -0500 Emergency Medical Treatment and Labor Act (EMTALA) Amicus Brief: AHA, Others in Support of St. Luke’s Motion for Preliminary Injunction in Idaho EMTALA Case Case 1:25-cv-00015-BLW &nbsp; &nbsp; &nbsp;Document 16 &nbsp; &nbsp; &nbsp;Filed 01/17/25&nbsp;Trudy Hanson Fouser, ISB No. 2794 tfouser@gfidaholaw.com Stephen L. Adams, ISB No. 7534 sadams@gfidaholaw.com Madison N. Miles, ISB No. 9010 mmiles@gfidaholaw.com GJORDING FOUSER HALL PLLC 950 W. Bannock Street, Ste. 950 Boise, Idaho 83702 Telephone: 208.336.9777 E-service: gfcases@gfidaholaw.comChad Golder (pro hac vice admission pending) cgolder@aha.org AMERICAN HOSPITAL ASSOCIATION 2 City Center, Suite 400 800 10th Street, NW Washington, DC 2001-4956 Telephone: 202-626-4624Attorneys for Amicus ��&nbsp; Association, America’s Essential Hospitals, and the&nbsp; American Association of Medical Colleges&nbsp;IN THE UNITED STATES DISTRICT&nbsp; FOR THE DISTRICT OF IDAHO<table><tbody><tr><td>&nbsp;</td><td>ST. LUKE’S HEALTH SYSTEM, LTD., Plaintiff, v. RAÚL LABRADOR, Attorney General of the State of Idaho, Defendant &nbsp;</td><td> Case No. 1:25-cv-00015-DKG THE AMERICAN HOSPITAL ASSOCIATION, THE ASSOCIATION OF AMERICAN COLLEGES, AND AMERICA’S ESSENTIAL HOSPITALS MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF ST. LUKE’S HEALTH SYSTEM, LTD.’S MOTION FOR PRELIMINARY INJUNCTION</td></tr></tbody></table>THE AMERICAN HOSPITAL ASSOCIATION, THE ASSOCIATION OF AMERICAN COLLEGES, AND AMERICA’S ESSENTIAL HOSPITALS MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF ST. LUKE’S HEALTH SYSTEM, LTD.’S MOTION FOR PRELIMINARY INJUNCTIONView the detailed brief below. Fri, 17 Jan 2025 14:04:11 -0600 Emergency Medical Treatment and Labor Act (EMTALA) AHA files amicus brief in Idaho EMTALA case /news/headline/2024-10-11-aha-files-amicus-brief-idaho-emtala-case The AHA, joined by the Association of American Medical Colleges and America’s Essential Hospitals, today filed a <a href="/amicus-brief/2024-10-11-aha-amicus-brief-moyle-v-united-states-remanded-ninth-circuit-emtala-case">friend-of-the-court brief in Moyle v. United States</a> in support of the federal government’s challenge to an Idaho law that criminalizes the performance of certain emergency pregnancy terminations. In June, the United States Supreme Court dismissed the case saying the court should not have accepted&nbsp;it in the first place, returned&nbsp;it to the United States Court of Appeals for the Ninth Circuit, and restored the temporary stay on Idaho’s law. At that time, AHA General Counsel Chad Golder said in a statement, “Caregivers must be able to exercise their professional judgment about a patient’s care as federal law requires under the Emergency Medical Treatment and Active Labor Act (EMTALA) without the fear of criminal prosecution. We continue to urge courts to protect clinicians as they seek to provide emergency care to their patients.”Today’s amicus brief reemphasized that important theme, “Allowing prosecutors, courts, and juries to armchair quarterback these kinds of medical judgments—and impose criminal liability—will make emergency healthcare more challenging for providers.… This Court should protect emergency providers who exercise reasonable professional judgment and hold that [Idaho’s law] is preempted because it criminalizes stabilizing emergency services required under EMTALA and the [Affordable Care Act].”The AHA previously filed a <a href="/news/headline/2022-08-16-aha-aamc-idaho-statute-will-chill-provision-emergency-medical-care">friend-of-the-court brief in the Idaho district court</a> and in the <a href="/amicus-brief/2024-03-22-aha-others-amicus-brief-supreme-court-case">United States Supreme Court</a>. Fri, 11 Oct 2024 14:34:15 -0500 Emergency Medical Treatment and Labor Act (EMTALA) AHA Amicus Brief in Moyle v. United States Remanded Ninth Circuit EMTALA Case /amicus-brief/2024-10-11-aha-amicus-brief-moyle-v-united-states-remanded-ninth-circuit-emtala-case Nos. 23-35440, 23-95450UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT &nbsp;UNITED STATES OF AMERICA &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Plaintiff-Appellee, v. THE STATE OF IDAHO, &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;Defendant-Appellant, v. MIKE MOYLE, SPEAKER OF THE IDAHO HOUE OF REPRESENTATIVES, ET AL., &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;Movants-Appellants.On Appeal from the United States District Court for the District of Idaho, Southern Division No. 1:22-cv-00329 | Hon. B. Lynn Winmill &nbsp;BRIEF OF AMERICAN HOSPITAL ASSOCIATION, THE ASSOCIATION OF AMERICAN MEDICAL COLLEGES, AND AMERICA’S ESSENTIAL HOSPITALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFF-APPELLEE<table><tbody><tr><td>Chad Golder �� Association 2 City Center, Suite 400 800 10th Street, NW Washington, DC 20001-4956 202-626-4624 cgolder@aha.org Counsel for Amici Curiae</td></tr></tbody></table>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;View the detailed report below. Fri, 11 Oct 2024 13:10:26 -0500 Emergency Medical Treatment and Labor Act (EMTALA) Administration sends letter to hospital, doctor groups on EMTALA enforcement /news/headline/2024-07-03-administration-sends-letter-hospital-doctor-groups-emtala-enforcement Health and Human Services Secretary Xavier Becerra and the Centers for Medicare &amp; Medicaid Services Administrator Chiquita Brooks-LaSure sent a <a href="https://www.hhs.gov/about/news/2024/07/02/biden-harris-administration-reaffirms-commitment-emtala-enforcement.html">letter</a> July 2 to hospital and provider groups restating its position that the Emergency Medical Treatment and Active Labor Act requires Medicare-participating hospitals to offer necessary stabilizing medical treatment (or transfer, if appropriate) to all patients who are found to have an emergency medical condition. The letter noted, however, that HHS’ interpretation of EMTALA — both as to when an abortion is required and EMTALA’s effect on state laws governing abortion — is currently enjoined within the State of Texas and subject to further litigation; HHS has sought the Supreme Court’s review of that injunction, and its petition for review remains pending.&nbsp; The letter follows last week’s Supreme Court <a href="/news/headline/2024-06-27-supreme-court-dismisses-emtala-case">dismissal of a case</a> about whether an Idaho law can coexist with the federal EMTALA, which requires hospitals to provide stabilizing care for those in an emergency medical condition. In so doing, the Court did not rule on the merits of the joined cases, Moyle v. United States and Idaho v. United States.&nbsp; Wed, 03 Jul 2024 15:01:07 -0500 Emergency Medical Treatment and Labor Act (EMTALA) Supreme Court dismisses EMTALA case /news/headline/2024-06-27-supreme-court-dismisses-emtala-case The Supreme Court June 27 dismissed a <a href="https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf">case</a> about whether an Idaho law can coexist with the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to provide stabilizing care for those in an emergency medical condition. In so doing, the Court did not rule on the merits of the joined cases, Moyle v. United States and Idaho v. United States.&nbsp; “While we are pleased that the Supreme Court’s decision to dismiss these cases as improvidently granted will restore the temporary stay on Idaho’s law, we are disappointed that physicians, nurses, and other clinicians across the country still do not have needed clarity,” AHA General Counsel Chad Golder said in a <a href="/press-releases/2024-06-27-aha-statement-supreme-court-decision-emtala-case">statement</a>. “Caregivers must be able to exercise their professional judgment about a patient’s care as federal law requires under the Emergency Medical Treatment and Active Labor Act (EMTALA) without the fear of criminal prosecution. We continue to urge courts to protect clinicians as they seek to provide emergency care to their patients.” In March, the AHA, joined by the Association of American Medical Colleges and America’s Essential Hospitals, filed a <a href="/amicus-brief/2024-03-22-aha-others-amicus-brief-supreme-court-case">friend-of-the-court brief</a> in Moyle v. United States in support of the federal government’s challenge to the Idaho statute. The AHA and AAMC previously filed a <a href="/news/headline/2022-08-16-aha-aamc-idaho-statute-will-chill-provision-emergency-medical-care">friend-of-the-court</a> brief in the Idaho district court. Thu, 27 Jun 2024 16:01:34 -0500 Emergency Medical Treatment and Labor Act (EMTALA) AHA Statement on Supreme Court Decision in EMTALA Case /press-releases/2024-06-27-aha-statement-supreme-court-decision-emtala-case Chad Golder General Counsel �� AssociationJune 27, 2024&nbsp;While we are pleased that the Supreme Court’s decision to dismiss these cases as improvidently granted will restore the temporary stay on Idaho’s law, we are disappointed that physicians, nurses, and other clinicians across the country still do not have needed clarity. Caregivers must be able to exercise their professional judgment about a patient’s care as federal law requires under the Emergency Medical Treatment and Active Labor Act (EMTALA) without the fear of criminal prosecution. We continue to urge courts to protect clinicians as they seek to provide emergency care to their patients.### Thu, 27 Jun 2024 10:53:02 -0500 Emergency Medical Treatment and Labor Act (EMTALA) Senate committee passes legislation on mental health, emergency pediatric services /news/headline/2024-05-23-senate-committee-passes-legislation-mental-health-emergency-pediatric-services The Senate Committee on Health, Education, Labor and Pensions May 23 passed legislation that included proposals on mental health and emergency pediatric services during a <a href="https://www.help.senate.gov/hearings/s-3679-s-3765-s-4351-s-3775-s-4325-s-3757-s-4045-and-nomination">markup session</a>. The AHA submitted a <a href="/testimony/2024-05-23-aha-statement-senate-committee-physician-well-being-pediatric-emergency-care-acts">statement</a> for the hearing, expressing support for the passage of the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act (S. 3679), which would reauthorize grants for health care providers to establish programs offering behavioral health services for front-line workers, as well as a national education and awareness campaign providing health leaders with evidence-based solutions to reduce health care worker burnout. The AHA also expressed support for the bill as a member of the Healthcare Workforce Coalition, which earlier this week sent a <a href="https://healthcareworkforce.org/wp-content/uploads/2024/05/HWC-Support-Letter-for-Lorna-Breen-Act.pdf">letter</a> to Senate HELP Committee leadership.&nbsp; AHA also supported reauthorizing the Emergency Medical Services for Children Program (S. 3765) for an additional five years. The program provides specialized emergency care for children through the availability of child-appropriate equipment in ambulances and emergency departments, and supports training programs to prevent injuries to children and educate emergency medical technicians, paramedics and other emergency medical care providers.&nbsp; &nbsp; Thu, 23 May 2024 16:02:47 -0500 Emergency Medical Treatment and Labor Act (EMTALA) CMS launches new option to file EMTALA complaints /news/headline/2024-05-21-cms-launches-new-option-file-emtala-complaints The Centers for Medicare &amp; Medicaid Services May 21 announced that individuals now have the <a href="https://www.cms.gov/priorities/your-patient-rights/emergency-room-rights/how-to-file-complaint">option</a> to file an Emergency Medical Treatment and Labor Act complaint directly with the agency, in addition to the traditional process of contacting state survey agencies. The new form is the latest in a series of new <a href="https://www.cms.gov/priorities/your-patient-rights/emergency-room-rights">resources</a> from CMS to help educate the public about EMTALA.&nbsp; Tue, 21 May 2024 15:12:04 -0500 Emergency Medical Treatment and Labor Act (EMTALA) AHA, Others Amicus Brief in Supreme Court Case IN THE Supreme Court of the United States MIKE MOYLE, SPEAKER OF THE IDAHO HOUSE OF REPRESENTATIVES, ET AL., v. UNITED STATES. ______________________ IDAHO, v. UNITED STATES. On Writs Of Certiorari To The United States&nbsp; Court Of Appeals For The Ninth Circuit BRIEF OF THE AMERICAN HOSPITAL ASSOCIATION, THE ASSOCIATION OF AMERICAN MEDICAL COLLEGES, AND AMERICA’S ESSENTIAL HOSPITALS AS AMICI CURIAE IN SUPPORT OF RESPONDENT ________________________&nbsp;<table><tbody><tr><td>Amanda K. Rice JONES DAY 150 W. Jefferson Ave. Suite 2100 Detroit, MI 48226 &nbsp;</td><td>Charlotte H. Taylor Counsel of Record Amelia A. DeGory JONES DAY 51 Louisiana Avenue, NW&nbsp; Washington, DC 20001 (202) 879-3872 <a class="ck-anchor" href="mailto:ctaylor@jonesday.com" id="mailto:ctaylor@jonesday.com">ctaylor@jonesday.com</a> &nbsp;</td></tr></tbody></table>Counsel for Amici CuriaeView the detailed brief below. Fri, 22 Mar 2024 10:40:03 -0500 Emergency Medical Treatment and Labor Act (EMTALA)