Set forth below are the statutes, regulations and other documentation regarding the Emergency Medical Treatment and Active Labor Act requirements.

Federal Statutes

Emergency Medical Treatment and Active Labor Act 42 U.S.C. 1395dd
Full text of the EMTALA statute as amended through October 2001.

EMTALA Regulations

Final Regulations as Published September 9, 2003

The complete text of the regulations including the September 9, 2003 revisions.

42 C.F.R. 489.20 - Essentials of Provider Agreements
This code section also includes some EMTALA requirements such as the central log and sign posting requirements.

September 9, 2003 Federal Register Text and Commentary Relating to Specific EMTALA Topics

• Background

• Summary of the Provisions of the May 9, 2002 Proposed Rule Relating to EMTALA and Hospital Responsibility for Communication with Medicare+Choice Organizations Concerning Post-Stabilization Care Services

• Prior Authorization (§489.24(d)(4))

• Clarification of “Comes to the Emergency Department” (§489.24(a) and (b))

• Applicability of EMTALA: Individuals Come to the Dedicated Emergency Department for Nonemergency Services (§489.24(c))

• Applicability of EMTALA: Individual Presents at an Area of the Hospital's Main Campus Other Than the Dedicated Emergency Department (§489.24(b))

• Scope of EMTALA Applicability to Hospital Inpatients (§489.24(d)(2))

• Applicability of EMTALA to Provider-Based Entities (§§413.65(g)(1), 482.12(f), 489.24(b), and 489.24(i))

• EMTALA and On-Call Requirements (§489.24(j))

• EMTALA Applicability to Hospital-Owned Ambulances (§489.24(b))

• Conditions of Participation for Hospitals

CMS and OIG Bulletins and Advisories

CMS Bulletin on Interaction of EMTALA and the Born-Alive Infants Protection Act of 2002
Issued April 22, 2005 by CMS, this bulletin advises state survey agencies that violations of the Born-Alive Infants Protection Act of 2002 should be investigated as possible EMTALA violations.

CMS Revised EMTALA Interpretive Guidelines
Issued May 13, 2004 by CMS, these guidelines are to be used by state survey agencies to interpret and clarify the responsibilities of Medicare participating hospitals in emergency cases. They contain authoritative interpretations and clarifications of statutory and regulatory requirements and are to be used to assist in making consistent determinations about a provider’s compliance with the requirements.

CMS Program Memorandum on On-Call Requirements
Released June 13, 2002, this CMS memorandum is a series of questions and answers based on questions CMS has received to clarify hospital responsibilities concerning on-call physicians.

CMS Program Memorandum on Simultaneously On-Call
Released June 13, 2002, this CMS memorandum provides guidance on the enforcement of EMTALA’s policy concerning physicians simultaneously being on-call at several hospitals.

OIG/HCFA Special Advisory Bulletin on the Patient Anti-Dumping Statute
Published in the Federal Register on November 10, 1999, this bulletin outlines hospitals' obligations to provide emergency services to managed care enrollees.

CMS Policy on Hospital Capacity
CMS policy issued November 29, 2001 regarding EMTALA requirements for a sending hospital when it lacks capacity and EMTALA responsibilities of the recipient hospital for accepting patients under those circumstances.

CMS Policy on False Labor Under EMTALA
CMS policy issued January 16, 2002 regarding EMTALA requirements for women in labor.

Other Documentation

EMTALA Implementation and Enforcement Issues
GAO report from June 2001 on EMTALA implementation and enforcement.

EMTALA: Survey of Hospital Emergency Departments
HHS report from January 2001 surveying procedures in hospital emergency departments.