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Emergency Treatment and Active Labor Act (EMTALA)

FMQAI conducts a five-day medical advisory review upon request from the appropriate Centers for Medicare & Medicaid Services (CMS) regional office. FMQAI’s physician conducts a medical assessment of a potential Emergency Medical Treatment and Labor Act (EMTALA) violation case as specified in Part 9 of the QIO Manual (Attachment J-4). The five-day review is not mandated by the federal statute and regulations. However, the regional office may use this review as a resource in making a compliance determination, rather than simply determining the merits of the complaint.

Under sections 1867(d)(3) of the Act and 42 CFR §489.24(g), FMQAI is required to conduct a 60-day review upon receipt of a completed EMTALA case sent to the Office of the Inspector General for possible civil monetary penalty or exclusion sanction as outlined in Part 9 of the QIO Manual.
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