CMS Rescinds EMTALA Guidance for Patients who are Pregnant or are Experiencing Pregnancy Loss

Published: 06/05/2025

Sources:
  • Department of Health and Human Services,
  • Centers for Medicare and Medicaid Services
Relevant To:
  • Rural Emergency Hospitals,
  • Critical Access Hospitals,
  • Hospitals

The Department of Health and Human Services and Centers for Medicare & Medicaid Services (“CMS”) are rescinding July 2022 guidance, “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (QSO-22-22-Hospitals) and (QSO-21-22-Hospitals) and the accompanying July 2022 Letter from the former Secretary of Health and Human Services, which do not reflect the policy of the current Administration.

The July 2022 guidance was issued in response to

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