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HHS Secretary Stresses EMTALA Requirements

May 1, 2023
Faridat Animashaun
Erin O'Malley
Faridat Animashaun
Emily Schweich

In a May 1, 2023, letter to hospital and provider associations, Health and Human Services (HHS) Secretary Xavier Becerra underscored the role of health care providers in ensuring individuals’ access to emergency health care under the Emergency Medical Treatment & Labor Act (EMTALA).

In the letter, Secretary Becerra emphasized health care providers’ legal duty under EMTALA to offer necessary stabilizing medical treatment to, or, if appropriate, transfer a patient who presents to the emergency department with an emergency medical condition.

Health care providers must adhere to federal EMTALA requirements regardless of changing state laws. Secretary Becerra stated that HHS will continue to provide clarity regarding federal laws that will affect clinical decisions in emergency medical situations.

Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.

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