When CMS published an Advanced Notice of Proposed Rulemaking on EMTALA [CMS-1350-ANPRM] on December 23, 2010, it indicated it was reconsidering the current policy which provides that:
- a hospital’s EMTALA obligation ends upon the admission of a patient as an inpatient; and
- EMTALA does not apply to the transfer of inpatient to a hospital with specialized capabilities.
The AMA submitted comments that strongly objected to the extension. The organization said that physicians are already bound by a host of legal and ethical obligations to provide necessary patient care, and take those obligations seriously. The AMA also asserted that EMTALA obligations often result in over-utilization of physician resources, uncompensated care, and administrative hurdles.
Physicians may submit comments electronically to http://www.regulations.gov/, or by regular mail to:
Centers for Medicare & Medicaid Services
Department of Health and Human Services
P.O. Box 8013
Baltimore, MD 21244-8013
Comments must be received no later than 5:00 pm Eastern Time on April 2, 2012.