CMS recently issued a memo clarifying permissible options under the Emergency Medical Treatment and Labor Act for hospitals handling a surge in patients with H1N1 flu. This guidance was released in response to concerns from hospitals that they may have difficulty complying with the requirements of EMTALA based on projected surges in emergency department volumes.
According to CMS, hospitals may set up alternative screening sites on campus or at off-campus, hospital-controlled sites. Additionally, communities may set up screening clinics at sites not under the control of a hospital. The memo also notes that the law provides for waivers of certain EMTALA requirements in a declared public health emergency.
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