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Content: FEDERAL EMERGENCY ROOM REGULATIONS AND STATE LAW
FEDERAL EMERGENCY ROOM REGULATIONS AND STATE LAW
EMERGENCY MEDICAL SERVICES; HEALTH FACILITIES; HOSPITALS; EMERGENCY MEDICAL SERVICE; HOSPITALS; September 29, 2003

2003-R-0621
FEDERAL EMERGENCY ROOM REGULATIONS AND STATE LAW

By: Saul Spigel, Chief Analyst
You asked for an explanation of recently issued federal regulations governing hospital emergency services and whether they would require any changes in state law. SUMMARY
The federal Emergency Medical Treatment and Labor Act (EMTALA) requires any hospital that participates in Medicare and provides emergency services to provide (1) an appropriate medical screening examination to anyone who comes to its emergency department asking for treatment and (2) necessary stabilizing treatment or transfer to another medical facility if the examination reveals an emergency medical condition. Since all Connecticut hospitals participate in Medicare and provide emergency services, EMTALA applies to them. The federal Centers for Medicare and Medicaid Services (CMS), which administers and enforces EMTALA, issued new regulations on September 9, 2003.