As part of its proposed changes to the Medicare rule for hospital inpatient prospective payment systems, the Centers for Medicare and Medicaid Services, or CMS, released proposed regulations that would alter the regulations to the Emergency Medical Treatment and Labor Act, or EMTALA. Some people refer to it as the “anti-dumping” statute. The proposed regulations would affect how hospitals deal with on-call obligations through community call plans and the transfer of certain patients with emergency medical conditions. The proposed regulations further address the obligations of specialty hospitals regarding receiving patients with emergency medical conditions.

The proposed regulations come right on the heels of the release of the final report of the EMTALA Technical Advisory Group, or TAG, to the Secretary of the U.S. Department of Health and Human Services. The TAG report included 55 recommendations for improvement to EMTALA, its regulations and its interpretive guidelines.

TAG Background

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