FMQAI conducts five-day medical advisory review upon request from the appropriate Centers for Medicare & Medicaid Services (CMS) regional office for a (physician) 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, although 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 ยง489.24(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.
