Navigating EMTALA Rules
Compliance Perspectives: Healthcare Compliance at the Border
The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more
I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more
On May 29, 2025, the Department of Health and Human Services (“HHS”) rescinded its July 11, 2022 guidance (Ref. QSO-22-22-Hospitals) (the “2022 Guidance”) clarifying how the Emergency Medical Treatment and Labor Act of 1965...more
On June 3, 2025, the Trump Administration announced that it rescinded the Biden Administration’s guidance issued on July 11, 2022. The Biden Administration’s guidance advises hospital providers that, under the federal...more
In a 60-page decision issued on March 20, 2025, Judge Lynn Winmill, a Federal District Judge for the District of Idaho, granted a preliminary injunction that enjoins Attorney General Raúl Labrador and his officers, employees,...more
An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant...more
Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more
On June 27, 2024, the U.S. Supreme Court dismissed Idaho v. United States on procedural grounds and sent the case back to the Ninth Circuit. By doing so, the Supreme Court reinstated the preliminary injunction issued by the...more
The Supreme Court of the United States issued four decisions today: Moyle v. United States; Idaho v. United States, Nos. 23-726, 23-727: After granting certioriari to decide whether the Emergency Medical Treatment and...more
On June 27, 2024, the U.S. Supreme Court decided Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, holding the writs of certiorari before judgment granted to hear the cases were improvidently...more
The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more
The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more
In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more
On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more
The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more