42 CFR 489.24 - Special responsibilities of Medicare hospitals in emergency cases

Cite as42 CFR 489.24
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196 practice notes
  • Securing Updated and Necessary Statutory Evaluations Timely
    • United States
    • Centers For Medicare And Medicaid Services,Public Health Service,The Inspector General Office
    • Invalid date
    ...and FDA regulations at 21 CFR part 50, which protect human research subjects. Regulations in 45 CFR part 96, which govern block grants. 42 CFR 489.24, related to the special responsibilities of Medicare hospitals in emergency Regulations concerning Section 1557 of the Affordable Care Act, w......
  • Kaiser Found. Health Plan, Inc. v. Burwell, Case No. 14-cv-05255-EMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 30, 2015
    ...condition described in [§ 1395dd(e)(1)(B) ], that the woman has delivered (including the placenta).42 U.S.C. § 1395dd(e)(3)(B).7 See 42 C.F.R. § 489.24(b). (“Stabilized means, 147 F.Supp.3d 910 with respect to an “emergency medical condition” as defined in this section under paragraph (1) o......
  • St. Anthony Hosp. v. U.S. Dept. of H.H.S., No. 00-9529.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 28, 2002
    ...ALJ hearing, St. Anthony moved to dismiss the agency's action on the basis that it was premature. Citing 42 U.S.C. § 1395dd(d)(3) and 42 C.F.R. § 489.24(g), St. Anthony claimed entitlement to "review by an appropriate peer review organization regarding this matter." (Id. at 132.) The ALJ de......
  • Sabo v. UPMC Altoona, Case No. 3:17-cv-135
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • April 26, 2019
    ...would believe, based on the individual's appearance or behavior, that the individual needs emergency examination or treatment." 42 C.F.R. § 489.24. Here, Sabo's distraught condition on hospital property after her termination may have led a prudent observer to refer Plaintiff for emergency t......
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110 cases
  • Kaiser Found. Health Plan, Inc. v. Burwell, Case No. 14-cv-05255-EMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 30, 2015
    ...condition described in [§ 1395dd(e)(1)(B) ], that the woman has delivered (including the placenta).42 U.S.C. § 1395dd(e)(3)(B).7 See 42 C.F.R. § 489.24(b). (“Stabilized means, 147 F.Supp.3d 910 with respect to an “emergency medical condition” as defined in this section under paragraph (1) o......
  • Wood v. Jackson Hosp., CASE NO. 2:17-cv-494-MHT-DAB
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • August 23, 2018
    ...§ 12182, Section 54 of the Rehabilitation Act of 1973, Section 1557 of the Patient Protection and Affordable Care Act (ACA), Title 42 CFR § 489.24 Duty to Provide an 'Appropriate' Medical Screening Evaluation, 42 CFR § 1003, the Emergency Medical Treatment and Active Labor Act ("EMTALA......
  • Gallup Med Flight, LLC. v. Builders Trust of New Mex., No. CIV 16–1234 JB/LF
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2017
    ...and the regulations implementing the EMTALA and regarding "Centers of Medicare and Medicaid Services (‘CMS')," found at 42 C.F.R. § 489.24. Complaint ¶¶ 10–11, at 2. The Complaint provides that the CMS regulations mandate thatit is the treating physician at the transferring hospit......
  • Gallup Med Flight, LLC. v. Builders Trust of New Mexico, No. CIV 16-1234 JB/LF
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2017
    ...and the regulations implementing the EMTALA and regarding "Centers of Medicare and Medicaid ServicesPage 3 ('CMS')," found at 42 C.F.R. § 489.24. Complaint ¶¶ 10-11, at 2. The Complaint provides that the CMS regulations mandate thatit is the treating physician at the transferring ......
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42 firm's commentaries
  • Awaiting Further Guidance from CMS, Hospitals Seeking to Craft On-Call Physician Compensation Policies May Look to OIG Advisory Opinion for Guidance
    • United States
    • JD Supra United States
    • July 24, 2009
    ...as it relates to requirements under Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. §1395dd, and its regulations, at 42 C.F.R. 489.24. CMS Guidance on On-Call Physician Services Under EMTALA Under EMTALA, Medicare-participating hospitals that have an emergency department have ......
  • Diverting Ambulances and EMTALA
    • United States
    • JD Supra United States
    • October 3, 2019
    ...and transports the individual onto hospital property, the individual is considered to have come to the emergency department. (42 CFR § 489.24(b), emphasis added). Federal courts have held that this regulation prohibits a facility from diverting an inbound ambulance unless the hospital is on......
  • EMTALA: Guide for Exams, Treatment and Transfers
    • United States
    • JD Supra United States
    • November 29, 2018
    ...including those who fail to respond to call or improperly certify a transfer, may be subject to EMTALA fines of 1 42 USC 1395dd ; 42 CFR 489.24. State laws may impose additional requirements. For example, Idaho Code 39-1391b also prohibits hospitals from refusing to provide “emergency or f......
  • Mental Holds in Idaho
    • United States
    • JD Supra United States
    • June 25, 2019
    ...if an emergency condition exists, to provide stabilizing treatment or an appropriate transfer to another facility. (42 U.S.C. § 1395dd; 42 C.F.R. § 489.24). “[A]n individual expressing suicidal or homicidal thoughts or gestures, if determined dangerous to self or others, would be considered......
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3 books & journal articles
  • The Human Side of Public-Private Partnerships: From New Deal Regulation to Administrative Law Management
    • United States
    • Iowa Law Review Nbr. 102-3, March 2017
    • March 1, 2017
    ...achieve greater equality.125 119. See 42 U.S.C. § 1395dd(b) (2012); Special Responsibilities of Medicare Hospitals in Emergency Cases, 42 C.F.R. § 489.24 (2016). 120. Lori A. Nessel, Disposable Workers: Applying a Human Rights Framework to Analyze Duties Owed to Seriously Injured or Ill Mig......
  • Beyond the Call of Duty: Compelling Health Care Professionals to Work During an Influenza Pandemic
    • United States
    • Iowa Law Review Nbr. 94-1, November 2008
    • November 1, 2008
    ...Hospitals in Treating Individuals with Emergency Medical Conditions, 68 Fed. Reg. 53,222, 53,253 (Sept. 9, 2003) (codified at 42 C.F.R. § 489.24(j) (2008)) (summary of departmental responses to public comments on proposed rule) ("[H]ospitals facing a refusal by physicians to assume on-......
  • Letters.
    • United States
    • Florida Bar Journal Vol. 73 Nbr. 11, December - December 1999
    • December 1, 1999
    ...that Congress revoked the power to suspend a hospital's Medicare contract. On the contrary, this penalty is still available pursuant to 42 CFR 489.24 and 1003.105. The definitions of EMTALA are more specifically defined within the Code of Federal Regulations and the Federal Register commenc......
37 provisions

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