The communication clarifies that EMTALA requirements preempt any state laws that restrict access to stabilizing medical treatment, including abortion procedures and other treatments that may result in the termination of a pregnancy.
CMS also released an updated guidance to hospitals reinforcing that EMTALA requirements apply to all hospitals in all states regardless of the state law to the contrary.
Yesterday, CMS held a conference call with stakeholders on these communications. There were a number of questions about preemption. OSMA will continue to update members on this issue as we anticipate it will end up being challenged in court.