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.
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Federal law requires Medicare-participating hospital emergency departments to provide you an appropriate medical screening examination.
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If the physician or provider determines that you have an emergency medical condition, federal law requires the hospital to offer you necessary stabilizing treatment, and transfer, if necessary, in order to receive necessary stabilizing care not available at the presenting hospital.
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These federal rights take precedence over state laws or mandates that apply to specific procedures.1
1 Please note: pursuant to the preliminary 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:
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For frontline health care providers, the Emergency Medical Treatment and Active Labor Act (EMTALA) statute gives precedence to your clinical judgment and the actions that you take to provide stabilizing medical treatment to any pregnant patients presenting to the hospital with an emergency medical condition, regardless of any restrictions in the state where you practice.
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This means that physicians and other qualified medical personnel are required by federal law to offer stabilizing medical treatment 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.
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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 state laws or mandates that apply to specific procedures.
If you are a patient:
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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 declines before they provide stabilizing treatment.
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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 filing on the Centers for Medicare and Medicaid Services webform.
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To contact your state's survey agency, use the tool below.
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To file a complaint with the Centers for Medicare & Medicaid Services click here.
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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 Health Department's Web Site Address:
https://www.alabamapublichealth.gov/providerstandards/complaints.html
Phone Number:
800-356-9596
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
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 Health Department's Web Site Address:
https://app3.azdhs.gov/PROD-AZHSComplaint-UI
Phone Number:
602-364-2536
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 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 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 Health Department's Web Site Address:
https://dphflisevents.ct.gov/Complaints
Phone Number:
860-509-7400
State Health Department's Web Site Address:
https://dhss.delaware.gov/dhss/dhcq/ohflcmain.html
Phone Number:
800-942-7373
State Health Department's Web Site Address:
https://dchealth.dc.gov/node/145702
Phone Number:
202-442-5833
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 Health Department's Web Site Address:
https://dch.georgia.gov/divisionsoffices/healthcare-facility-regulation/facility-licensure/hfr-file-complaint
Phone Number:
800-878-6442
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 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 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 Health Department's Web Site Address:
https://dph.illinois.gov/topics-services/health-care-regulation/complaints.html
Phone Number:
1-800-252-4343
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 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 Health Department's Web Site Address:
https://www.kdhe.ks.gov/625/Complaint-Hotline
Phone Number:
800-842-0078
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 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 Health Department's Web Site Address:
https://www.maine.gov/dhhs/dlc/safety-reporting/file-a-complaint
Phone Number:
1-800-383-2441
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 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 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 Health Department's Web Site Address:
https://www.health.state.mn.us/facilities/regulation/filecomplaint.html
Phone Number:
844-880-1574
State Health Department's Web Site Address:
https://msdh.ms.gov/page/30,0,83,787.html
Phone Number:
800-227-7308
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 Health Department's Web Site Address:
https://dphhs.mt.gov/qad/certificationcomplaintform
Phone Number:
(406) 444-2099
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 Health Department's Web Site Address:
https://dpbh.nv.gov/Reg/HealthFacilities/dta/Complaints/HCQC-Complaint-Form/
Phone Number:
1-800-225-3414
State Health Department's Web Site Address:
https://www.dhhs.nh.gov/file-complaint-against-health-facility-nh
Phone Number:
603-271-9049
State Health Department's Web Site Address:
https://www.state.nj.us/health/healthfacilities/file_complaint.shtml
Phone Number:
800-792-9770
State Health Department's Web Site Address:
https://www.nmhealth.org/about/dhi/ane/rane/
Phone Number:
800-752-8649
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 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 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
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 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 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 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 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 Health Department's Web Site Address:
https://www.salud.gov.pr/CMS/DOWNLOAD/4975
Phone Number:
787-273-8487
State Health Department's Web Site Address:
https://health.ri.gov/complaints/
Phone Number:
401-222-5200
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 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 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 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
Complaints can be filed at: Survey & Operations Group, Northeast Division of Acute & Ambulatory Care: NEDACCComp@cms.hhs.gov
Phone Number:
212-616-2500
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 Health Department's Web Site Address:
https://dlp.vermont.gov/survey-cert/sc-complaints
Phone Number:
802-241-0482
888-700-5330
State Health Department's Web Site Address:
https://www.vdh.virginia.gov/licensure-and-certification/complaint-unit/
Phone Number:
1-800-955-1819
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 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 Health Department's Web Site Address:
https://www.dhs.wisconsin.gov/guide/complaints.htm
Phone Number:
800-642-6552
State Health Department's Web Site Address:
https://health.wyo.gov/aging/hls/complaints-against-healthcare-facilities/
Phone Number:
307-777-7123