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RECENT DEVELOPMENTS IN HEALTH CARE LAW: PROPOSED AMENDMENTS TO THE EMERGENCY MEDICAL TREATMENT

Proposed Amendments to the Emergency Medical Treatment and Active Labor Act (“EMTALA”). In the May 9, 2002,  issue of the Federal Register, buried within CMS’ proposed hospital inpatient prospective payment rule, appeared proposed changes to the EMTALA regulations. Enclosed please find excerpts from the Federal Register relating to those proposed changes. CMS is proposing to:

· change the requirements relating to emergency patients presenting at off-campus outpatient clinics that do not routinely provide emergency services;

· clarify when EMTALA applies to both inpatients and outpatients;

· clarify the circumstances in which physicians, particularly specialty physicians, must serve on hospital medical staff “on-call” lists; and

· clarify the responsibilities of hospital-owned ambulances so that these ambulances can be more fully integrated with city-wide and local community EMS procedures for responding to medical emergencies.