Xavier Becerra, Secretary and Deputy Secretary & Andrea Palm, Deputy Secretary | https://www.hhs.gov/about/leadership/xavier-becerra.html https://www.hhs.gov/about/leadership/andrea-palm.html
The Biden-Harris Administration has reaffirmed its commitment to enforcing the Emergency Medical Treatment and Active Labor Act (EMTALA), following a recent Supreme Court decision in Moyle v. United States. U.S. Department of Health and Human Services Secretary Xavier Becerra and Centers for Medicare & Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure issued a letter to hospital and provider associations, emphasizing hospitals' legal duty to provide necessary stabilizing medical treatment or appropriate transfers for patients with emergency medical conditions.
In addition, CMS announced the launch of a Spanish-language version of the EMTALA complaint form. This initiative aims to further educate the public about their rights to emergency medical care and streamline the process for submitting complaints if denied such care.
The letter underscores that EMTALA protections have been in place for nearly 40 years, requiring hospitals to offer stabilizing treatment, including abortion care when necessary, irrespective of conflicting state laws. "No pregnant woman or her family should have to even begin to worry that she could be denied the treatment she needs," stated Becerra and Brooks-LaSure.
CMS will continue investigating EMTALA complaints in Idaho while ongoing litigation proceeds in lower courts. The agency has also expanded its team of experts dedicated to supporting hospitals in complying with federal requirements under EMTALA.
In response to concerns from physicians about liability under state laws conflicting with EMTALA, Becerra and Brooks-LaSure reiterated that federal law preempts state regulations when they are narrower than EMTALA's definitions. The enforcement process remains complaint-driven, with CMS providing new resources on its website to assist individuals in understanding their rights and filing complaints.
If investigations reveal violations of EMTALA provisions, CMS may issue notices of deficiency and impose sanctions on non-compliant hospitals. "We remain committed to working directly with hospitals, providers, and community leaders across the country," concluded Becerra and Brooks-LaSure.
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