Administration sends letter to hospital, doctor groups on EMTALA enforcement

Health and Human Services Secretary Xavier Becerra and the Centers for Medicare & Medicaid Services Administrator Chiquita Brooks-LaSure sent a letter July 2 to hospital and provider groups restating its position that the Emergency Medical Treatment and Active Labor Act requires Medicare-participating hospitals to offer necessary stabilizing medical treatment (or transfer, if appropriate) to all patients who are found to have an emergency medical condition. The letter noted, however, that HHS' interpretation of EMTALA - both as to when an abortion is required and EMTALA's effect on state laws governing abortion - is currently enjoined within the State of Texas and subject to further litigation; HHS has sought the Supreme Court's review of that injunction, and its petition for review remains pending.

The letter follows last week's Supreme Court dismissal of a case about whether an Idaho law can coexist with the federal EMTALA, which requires hospitals to provide stabilizing care for those in an emergency medical condition. In so doing, the Court did not rule on the merits of the joined cases, Moyle v. United States and Idaho v. United States.