UPDATE 3/31/2020: CMS issues limited blanket waivers — including EMTALA

3-31-2020 19:00 CDT — CMS has just released a 26-page list of waivers for the Covid-19 emergency, including the long-awaited clarification on EMTALA.  My thanks to Dr. Todd Taylor for getting it to me within 30 minutes of its release.  The lengthy document waives numerous other federal requirements for hospitals, critical access hospitals, and psychiatric facilities.

The download link is https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf

“CMS is waiving the enforcement of section 1867(a) of the Act. This will allow hospitals, psychiatric hospitals, and critical access hospitals (CAHs) to screen patients at a location offsite from the hospital’s campus to prevent the spread of COVID-19, so long as it is not inconsistent with a state’s emergency preparedness or pandemic plan.”

Note that this is a very limited waiver of EMTALA and only specifically allows moving patients offsite for screening.  All other EMTALA requirements appear to remain in effect at this time.
It is my opinion that a hospital would have to have its infectious disease disaster plan in place consistent with President Trump’s March 13 call for hospitals to activate their emergency plans and would be required to be operating under the guidelines of the States emergency/pandemic plan.

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.