July 22, 2024
In a continued effort to keep the public informed about their rights surrounding emergency medical care, the Department of Health and Human Services (HHS) has introduced a Spanish-language version of the Emergency Medical Treatment and Labor Act (EMTALA) complaint form. This initiative aims to ensure Spanish-speaking patients can easily understand their rights and file complaints when necessary.
Originally launched in May 2024, the online EMTALA complaint form aims to educate patients on hospital obligations during emergencies and simplifies the process for lodging complaints. By making resources available in Spanish, CMS is enhancing its outreach and support to a significant portion of the U.S. population.
Key EMTALA Requirements for Medicare-Participating Hospitals
- Medical Screening: Hospitals must perform an examination or run tests to determine if a patient is experiencing a medical emergency.
- Stabilizing Treatment: Hospitals are required to provide treatment to stabilize the patient’s condition so that it does not materially worsen.
- Appropriate Transfers: If a hospital is unable to stabilize the patient, they must transfer the patient to a facility that can provide the necessary care.
Patient Rights Under EMTALA
EMTALA mandates that hospitals treat emergency patients until they are stabilized, regardless of their health insurance coverage or ability to pay. Patients cannot be denied emergency care based on race, sex, religion, disability, age, or citizenship status.
Learn more about EMTALA and reporting violations.
