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Hospitals › Dobbs v. Jackson Women’s Health Organization › Department of Health and Human Services (HHS)

Epstein Becker & Green

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

Epstein Becker & Green on

The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more

Foley Hoag LLP

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

Foley Hoag LLP on

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Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Sheppard Mullin Richter & Hampton LLP

EMTALA and Pregnancy Care Remains a Federal Enforcement Priority

Sheppard Mullin Richter & Hampton LLP on

On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

Sheppard Mullin Richter & Hampton LLP on

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

Foley Hoag LLP

Competing EMTALA Decisions Underscore Complexity of Post-Dobbs Legal Landscape

Foley Hoag LLP on

In eliminating the federal constitutional right to abortion, the United States Supreme Court’s July 24, 2022 decision, Dobbs v. Jackson Women’s Health Organization, returned the question of abortion regulation to the “people...more

Foley Hoag LLP

Two Lawsuits on EMTALA’s Role in a Post-Dobbs World

Foley Hoag LLP on

Following the Supreme Court’s decision in Dobbs, one federal law, the Emergency Medical Treatment and Labor Act (EMTALA), has become a focal point in the Biden administration’s efforts to challenge state attempts to restrict...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | July 2022 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant activity between June 21 and July 20, 2022. During this period, the Supreme Court of the United States overturned Roe v. Wade, which historically...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

Stinson LLP on

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

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

Nelson Mullins Riley & Scarborough LLP on

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

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