CMS Reminding Hospitals About EMTALA Requirements & Existing Flexibilities During Hospital Surge

 

To: All Hospitals  From: Jo Tansey, Branch Chief, Acute and Nursing Facilities In anticipating a possible increase in demand for emergency services this winter due to the expected increases of influenza, COVID-19, and RSV at this time of year, the Centers for Medicare and Medicaid Services (CMS) is reminding hospitals of existing guidance under the Emergency Medical Treatment and Labor Act (EMTALA) and the flexibilities available when Emergency Departments (ED) are experiencing surges in demand for emergency care and services. We encourage you to read their memo and fact sheet on Emergency Medical Treatment and Labor Act (EMTALA) & Surges in Demand for Emergency Department (ED) Services, which reinforces previous guidance on the options hospitals can use to increase surge capacity and maintain compliance with the EMTALA requirements when EDs experience extraordinary surges in demand.  For further information, contact Melanie.Roth-Lawson@state.co.us.