COVID-19 and EMTALA

As patients with coronavirus-like symptoms and the “worried well” flood emergency departments for testing and treatment, hospitals must ensure compliance with the Emergency Medical Treatment and Labor Act. The Centers for Medicare & Medicaid Services has been clear that absent an emergency waiver, hospitals must satisfy EMTALA requirements during the COVID-19 outbreak. The agency recently issued guidance for hospitals, including critical access hospitals, on COVID-19 testing and EMTALA.

The guide provides information on alternate test sites, but also makes clear that individuals who come to the ED, as defined under EMTALA, must receive a medical screening exam and stabilizing treatment for any emergency medical condition.

VIEW THE GUIDANCE