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Summary of Final Changes to EMTALA Regulations

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On August 29, 2003, the Center for Medicare & Medicaid Services (CMS) released the long-anticipated final regulations revising the EMTALA obligations for hospitals and physicians. The regulations are scheduled to be published in the Federal Register on Sept. 9, 2003, and will be effective on Nov. 10, 2003.

In summary, the final regulations attempt to define more clearly to whom EMTALA applies, and where and when the EMTALA requirements begin and end. The revised regulations therefore define the obligations with respect to these persons:

• Individuals who present to a dedicated emergency department

• Individuals who present to locations on a hospital campus other than a dedicated emergency department

• Individuals who come to a dedicated emergency department for nonemergency services

• Individuals who are receiving hospital outpatient services

• Individuals who present to an off-campus department of a hospital

• Individuals who are admitted as hospital inpatients

• Individuals who are in a hospital-owned ambulance

In addition, the final rules also clarify on-call obligations, prior authorization requirements, and the application of EMTALA during national emergencies.

For a full summary of final changes to the EMTALA regulations, click here.

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