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Update on Emergency Medical Care

On June 27, the Supreme Court issued its order in Moyle v. United States, reinstating the protections of the Emergency Medical Treatment and Labor Act (EMTALA) for pregnant women experiencing emergency medical conditions in Idaho. On July 2, the Department of Health and Human Services sent a letter reminding hospitals and provider associations that it is a hospital’s legal duty to offer necessary stabilizing medical treatment, including abortion care (or transfer, if appropriate), to all patients in Medicare-participating hospitals who are found to have an emergency medical condition.1

The Biden-Harris Administration remains committed to protecting reproductive rights and maintains our long-standing position that women have the right to access the emergency medical care they need. Read statements from President Joe Biden, Attorney General Merrick Garland, Health and Human Services Secretary Xavier Becerra, and CMS Administrator Chiquita Brooks-LaSure.

Your Right to Emergency Medical Care

In light of the Supreme Court's decision to overturn Roe v. Wade, it's more important than ever that you know your rights on receiving emergency medical care.

  • The Emergency Medical Treatment and Labor Act (EMTALA) requires Medicare-participating hospital emergency departments to offer any person who requests it an appropriate medical screening examination within the capability of the hospital’s emergency department.
  • If the hospital determines that you have an emergency medical condition, federal law requires the hospital to offer you treatment until your emergency medical condition is stabilized, or an appropriate transfer to another hospital if you need it.
  • An emergency medical condition includes any medical condition manifesting itself by acute symptoms and that, in the absence of immediate medical attention, could reasonably be expected to place the person’s health in serious jeopardy. Emergency medical conditions involving pregnant patients may include, but are not limited to, ectopic pregnancy, complications of a pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features. In some instances, the treatment reasonably necessary to stabilize a pregnant woman’s emergency medical condition may be an abortion.
  • These federal rights preempt any directly conflicting state laws or mandates that apply to specific procedures.1

1 Please note: pursuant to the injunction in Texas v. Becerra, No. 5:22-CV-185-H (N.D. Tex.), HHS may not enforce the following interpretations contained in the July 11, 2022, CMS guidance (and the corresponding letter sent the same day by HHS Secretary Becerra): (1) the Guidance and Letter’s interpretation that Texas abortion laws are preempted by EMTALA; and (2) the Guidance and Letter’s interpretation of EMTALA — both as to when an abortion is required and EMTALA’s effect on state laws governing abortion — within the State of Texas or against the members of the American Association of Pro Life Obstetricians and Gynecologists (AAPLOG) and the Christian Medical and Dental Association (CMDA).

If you are a health care provider:

  • For frontline health care providers, EMTALA requires a hospital to provide stabilizing medical treatment to any pregnant patients presenting to the hospital with an emergency medical condition, regardless of any directly conflicting restrictions in the state where you practice.
  • This means that physicians and other qualified medical personnel are required by federal law to offer stabilizing medical treatment (or an appropriate transfer) to a patient who presents to the emergency department and is found to have an emergency medical condition. This requirement preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment, such as state prohibitions or restrictions on abortions.
  • Stabilizing treatment could include medical and/or surgical interventions (such as abortion, removal of one or both fallopian tubes, anti-hypertensive therapy, or methotrexate therapy), irrespective of any directly conflicting state laws or mandates that apply to specific procedures.
  • Health care professionals and institutions with religious or conscience objections to providing abortions do not have to do so. To learn more click here.

If you are a patient:

  • If you present to the emergency department, you must be offered an appropriate medical screening examination to determine if you have an emergency medical condition. If you do, your health care providers in the emergency department are not permitted to wait until your emergency medical condition deteriorates before they provide stabilizing treatment.
  • The enforcement of EMTALA is a complaint driven process. If you or someone you know did not receive the emergency stabilizing medical care to which they were entitled, you can file an EMTALA complaint either by contacting your state’s survey agency or by using the Centers for Medicare & Medicaid Services webform.
    • To contact your state's survey agency, use the tool below.
    • To file a complaint with the Centers for Medicare & Medicaid Services click here.

Contact Information for Filing a Complaint with the State Survey Agency

Select your state or area to view contact information for filing a complaint

State Survey Agency: Alabama
State Health Department's Web Site Address:
https://www.alabamapublichealth.gov/providerstandards/complaints.html
Phone Number:
800-356-9596
State Survey Agency: Alaska
State Health Department's Web Site Address:
https://dhss.alaska.gov/dhcs/Pages/hflc/Complaint-form.aspx
Phone Number:
Office: 907-334-2483
Toll Free: 888-387-9387
State Survey Agency: American Samoa
Complaints can be filed at: Survey & Operations Group, San Francisco/Seattle Acute & Continuing Care Branch: ROSFOSO@cms.hhs.gov
Phone Number:
415-744-3501
State Survey Agency: Arizona
State Health Department's Web Site Address:
https://app3.azdhs.gov/PROD-AZHSComplaint-UI
Phone Number:
602-364-2536
State Survey Agency: Arkansas
State Health Department's Web Site Address:
https://www.healthy.arkansas.gov/health-facility-services-complaints
Phone Number:
800-233-0340
501-661-2201
State Survey Agency: California
State Health Department's Web Site Address:
https://www.cdph.ca.gov/programs/chcq/lcp/calhealthfind/Pages/Home.aspx
Phone Number:
Toll free number listed on website by district: https://www.cdph.ca.gov/Programs/CHCQ/LCP/Pages/DistrictOffices.aspx
State Survey Agency: Colorado
State Health Department's Web Site Address:
https://cdphe.colorado.gov/health-facilities-complaints
https://cdphe.colorado.gov/file-a-complaint/health-facilities-complaint-and-occurrence-contacts
Phone Number:
Other provider specific contacts are listed here: https://cdphe.colorado.gov/file-a-complaint/health-facilities-complaint-and-occurrence-contacts
1-800-842-8826
State Survey Agency: Connecticut
State Health Department's Web Site Address:
https://dphflisevents.ct.gov/Complaints
Phone Number:
860-509-7400
State Survey Agency: Delaware
State Health Department's Web Site Address:
https://dhss.delaware.gov/dhss/dhcq/ohflcmain.html
Phone Number:
800-942-7373
State Survey Agency: District of Columbia
State Health Department's Web Site Address:
https://dchealth.dc.gov/node/145702
Phone Number:
202-442-5833
State Survey Agency: Florida
State Health Department's Web Site Address:
https://ahca.myflorida.com/contact-ahca/filing-a-complaint
https://apps.ahca.myflorida.com/hcfc/
Phone Number:
888-419-3456
State Survey Agency: Georgia
State Health Department's Web Site Address:
https://dch.georgia.gov/divisionsoffices/healthcare-facility-regulation/facility-licensure/hfr-file-complaint
Phone Number:
800-878-6442
State Survey Agency: Guam
Complaints can be filed at: Survey & Operations Group, San Francisco/Seattle Acute & Continuing Care Branch: ROSFOSO@cms.hhs.gov
Phone Number:
415-744-3501
State Survey Agency: Hawaii
State Health Department's Web Site Address:
https://health.hawaii.gov/ohca/files/2017/06/Complaint-Intake-Form-62017.pdf
Phone Number:
808-692-7420
State Survey Agency: Idaho
State Health Department's Web Site Address:
https://healthandwelfare.idaho.gov/providers/acute-and-continuing-care/home-health-agencies
Phone Number:
800-345-1453
Fax: 208-364-1888
State Survey Agency: Illinois
State Health Department's Web Site Address:
https://dph.illinois.gov/topics-services/health-care-regulation/complaints.html
Phone Number:
1-800-252-4343
State Survey Agency: Indiana
State Health Department's Web Site Address:
https://www.in.gov/health/ltc/contact/complaints/
https://www.in.gov/health/cshcr/acute-and-continuing-care/
Phone Number:
800-246-8909
State Survey Agency: Iowa
State Health Department's Web Site Address:
https://dial.iowa.gov/complaints
https://stateofiowa.seamlessdocs.com/f/DIA_Contact_Form
Phone Number:
1-877-686-0027
State Survey Agency: Kansas
State Health Department's Web Site Address:
https://www.kdhe.ks.gov/625/Complaint-Hotline
Phone Number:
800-842-0078
State Survey Agency: Kentucky
State Health Department's Web Site Address:
https://www.chfs.ky.gov/agencies/os/oig/dhc/Pages/default.aspx
Phone Number:
Abuse: 1-877-597-2331
State Survey Agency: Louisiana
State Health Department's Web Site Address:
https://ldh.la.gov/page/health-standards-section-complaints
Phone Number:
See website for contacts: https://ldh.la.gov/page/health-standards-section-complaints
State Survey Agency: Maine
State Health Department's Web Site Address:
https://www.maine.gov/dhhs/dlc/safety-reporting/file-a-complaint
Phone Number:
1-800-383-2441
State Survey Agency: Maryland
State Health Department's Web Site Address:
https://app.smartsheet.com/b/publish?EQBCT=07c94438f6714af1bbfe8ff1037b8b74
Phone Number:
General number for complaint submissions for various provider types is 410-402-8015.
State Survey Agency: Massachusetts
State Health Department's Web Site Address:
https://www.mass.gov/how-to/file-a-complaint-regarding-a-nursing-home-or-other-health-care-facility
Phone Number:
(800) 462-5540
617-753-8000
State Survey Agency: Michigan
State Health Department's Web Site Address:
https://www.michigan.gov/lara/bureau-list/bsc/file-a-complaint-with-bsc
Phone Number:
1-800-882-6006
State Survey Agency: Minnesota
State Health Department's Web Site Address:
https://www.health.state.mn.us/facilities/regulation/filecomplaint.html
Phone Number:
844-880-1574
State Survey Agency: Mississippi
State Health Department's Web Site Address:
https://msdh.ms.gov/page/30,0,83,787.html
Phone Number:
800-227-7308
State Survey Agency: Missouri
State Health Department's Web Site Address:
https://health.mo.gov/safety/abuse/
https://health.mo.gov/safety/hospice/index.php
Phone Number:
800-392-0210
State Survey Agency: Montana
State Health Department's Web Site Address:
https://dphhs.mt.gov/qad/certificationcomplaintform
Phone Number:
(406) 444-2099
State Survey Agency: Nebraska
State Health Department's Web Site Address:
https://dhhs.ne.gov/licensure/Pages/Health-Care-Facilities-and-Services-Complaints.aspx
Phone Number:
402-471-0316
Fax: 402-742-2389
State Survey Agency: Nevada
State Health Department's Web Site Address:
https://dpbh.nv.gov/Reg/HealthFacilities/dta/Complaints/HCQC-Complaint-Form/
Phone Number:
1-800-225-3414
State Survey Agency: New Hampshire
State Health Department's Web Site Address:
https://www.dhhs.nh.gov/file-complaint-against-health-facility-nh
Phone Number:
603-271-9049
State Survey Agency: New Jersey
State Health Department's Web Site Address:
https://www.state.nj.us/health/healthfacilities/file_complaint.shtml
Phone Number:
800-792-9770
State Survey Agency: New Mexico
State Health Department's Web Site Address:
https://www.nmhealth.org/about/dhi/ane/rane/
Phone Number:
800-752-8649
State Survey Agency: New York
State Health Department's Web Site Address:
https://apps.health.ny.gov/surveyd8/facility-complaint-form
Phone Number:
General Complaints Phone number: 1-800-663-6114
State Survey Agency: North Carolina
State Health Department's Web Site Address:
https://info.ncdhhs.gov/dhsr/ciu/filecomplaint.html
Phone Number:
1-800-624-3004 (within NC)
919-855-4500 (outside NC)
State Survey Agency: North Dakota
State Health Department's Web Site Address:
https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit/health-facility-concerns
https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit/hospice-programs
Phone Number:
(701) 328-2352
State Survey Agency: Northern Mariana Islands
Complaints can be filed at: Survey & Operations Group, San Francisco/Seattle Acute & Continuing Care Branch: ROSFOSO@cms.hhs.gov
Phone Number:
415-744-3501
State Survey Agency: Ohio
State Health Department's Web Site Address:
https://odh.ohio.gov/know-our-programs/complaints-nursing-home-and-healthcare-facilities/complaints-hcf-nh
Phone Number:
1-800-342-0553
State Survey Agency: Oklahoma
State Health Department's Web Site Address:
https://oklahoma.gov/health/services/licensing-inspections/medical-facilities-service/complaints-and-enforcement-division.html
Phone Number:
405-426-8470
State Survey Agency: Oregon
State Health Department's Web Site Address:
https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/HEALTHCAREPROVIDERSFACILITIES/HEALTHCAREHEALTHCAREREGULATIONQUALITYIMPROVEMENT/Pages/complaint.aspx
Phone Number:
Acute and Continuing Care: 971-673-0540
State Survey Agency: Pennsylvania
State Health Department's Web Site Address:
https://www.health.pa.gov/topics/facilities/Pages/Facilities-Licensing.aspx
http://apps.health.pa.gov/dohforms/FacilityComplaint.aspx
Phone Number:
1-800-254-5164
State Survey Agency: Puerto Rico
State Health Department's Web Site Address:
https://www.salud.gov.pr/CMS/DOWNLOAD/4975
Phone Number:
787-273-8487
State Survey Agency: Rhode Island
State Health Department's Web Site Address:
https://health.ri.gov/complaints/
Phone Number:
401-222-5200
State Survey Agency: South Carolina
State Health Department's Web Site Address:
https://scdhec.gov/healthcare-quality/healthcare-facility-licensing/health-facility-cna-abuse-complaints
Phone Number:
803-545-4370
800-922-6735
State Survey Agency: South Dakota
State Health Department's Web Site Address:
https://doh.sd.gov/health-care-professionals/health-facility-licensure/health-facility-complaints/
Phone Number:
605-367-5368, 605-773-6373, 605-367-4640
State Survey Agency: Tennessee
State Health Department's Web Site Address:
https://www.tn.gov/hfc/division-of-licensure-and-regulation/filing-a-complaint.html
Phone Number:
Local main hotline: 615-253-5905
General: 1-877-287-0010
State Survey Agency: Texas
State Health Department's Web Site Address:
https://txhhs.my.site.com/complaint/s/
https://www.hhs.texas.gov/about/your-rights/complaint-incident-intake
Phone Number:
800-458-9858
State Survey Agency: US Virgin Islands
Complaints can be filed at: Survey & Operations Group, Northeast Division of Acute & Ambulatory Care: NEDACCComp@cms.hhs.gov
Phone Number:
212-616-2500
State Survey Agency: Utah
State Health Department's Web Site Address:
https://docs.google.com/forms/d/10ZlXc7c6ps5uv-eV-WGMW2voX5L-Syq0nL5mrSTPSMU/edit
https://health.utah.gov/hflcra/forms.php
Phone Number:
800-662-4157
State Survey Agency: Vermont
State Health Department's Web Site Address:
https://dlp.vermont.gov/survey-cert/sc-complaints
Phone Number:
802-241-0482
888-700-5330
State Survey Agency: Virginia
State Health Department's Web Site Address:
https://www.vdh.virginia.gov/licensure-and-certification/complaint-unit/
Phone Number:
1-800-955-1819
State Survey Agency: Washington
State Health Department's Web Site Address:
https://www.doh.wa.gov/LicensesPermitsandCertificates/FileComplaintAboutProviderorFacility/FacilityComplaintProcess#heading25859
Phone Number:
Acute and Continuing Care: 1-800-633-6828
State Survey Agency: West Virginia
State Health Department's Web Site Address:
https://ohflac.wvdhhr.org/complaint.html
https://ohflac.wvdhhr.org/Apps/Forms/Complaint
Phone Number:
304-558-0050
State Survey Agency: Wisconsin
State Health Department's Web Site Address:
https://www.dhs.wisconsin.gov/guide/complaints.htm
Phone Number:
800-642-6552
State Survey Agency: Wyoming
State Health Department's Web Site Address:
https://health.wyo.gov/aging/hls/complaints-against-healthcare-facilities/
Phone Number:
307-777-7123