< Back to H.R. 1382 (108th Congress, 2003–2004)

Text of the EMTALA Regulatory Improvement Act of 2003

This bill was introduced on March 20, 2003, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 20, 2003 (Introduced).

Source: GPO

HR 1382 IH

108th CONGRESS

1st Session

H. R. 1382

To amend title XVIII of the Social Security Act to improve the regulatory operation of the Emergency Medical Treatment and Labor Act (EMTALA).

IN THE HOUSE OF REPRESENTATIVES

March 20, 2003

Mr. SHADEGG introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend title XVIII of the Social Security Act to improve the regulatory operation of the Emergency Medical Treatment and Labor Act (EMTALA).

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘EMTALA Regulatory Improvement Act of 2003’.

SEC. 2. EMTALA IMPROVEMENTS.

    (a) NOTIFICATION OF PROVIDERS WHEN EMTALA INVESTIGATION CLOSED- Section 1867(d) of the Social Security Act (42 U.S.C. 42 U.S.C. 1395dd(d)) is amended by adding at the end the following new paragraph:

      ‘(4) NOTICE UPON CLOSING AN INVESTIGATION- The Secretary shall establish a procedure to notify hospitals and physicians when an investigation under this section is closed.’.

    (b) PRIOR REVIEW BY PEER REVIEW ORGANIZATIONS IN EMTALA CASES INVOLVING TERMINATION OF PARTICIPATION-

      (1) IN GENERAL- Section 1867(d)(3) of such Act (42 U.S.C. 1395dd(d)(3)) is amended--

        (A) in the first sentence, by inserting ‘or in terminating a hospital’s participation under this title’ after ‘in imposing sanctions under paragraph (1)’; and

        (B) by adding at the end the following new sentences: ‘Except in the case in which a delay would jeopardize the health or safety of individuals, the Secretary shall also request such a review before making a compliance determination as part of the process of terminating a hospital’s participation under this title for violations related to the appropriateness of a medical screening examination, stabilizing treatment, or an appropriate transfer as required by this section, and shall provide a period of 5 days for such review. The Secretary shall provide a copy of the organization’s report to the hospital or physician consistent with confidentiality requirements imposed on the organization under such part B.’.

      (2) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to terminations of participation initiated on or after the date of the enactment of this Act.

SEC. 3. EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA) TECHNICAL ADVISORY GROUP.

    (a) ESTABLISHMENT- The Secretary shall establish a Technical Advisory Group (in this section referred to as the ‘Advisory Group’) to review issues related to the Emergency Medical Treatment and Labor Act (EMTALA) and its implementation. In this section, the term ‘EMTALA’ refers to the provisions of section 1867 of the Social Security Act (42 U.S.C. 1395dd).

    (b) MEMBERSHIP- The Advisory Group shall be composed of 19 members, including the Administrator of the Centers for Medicare & Medicaid Services and the Inspector General of the Department of Health and Human Services and of which--

      (1) 4 shall be representatives of hospitals, including at least one public hospital, that have experience with the application of EMTALA and at least 2 of which have not been cited for EMTALA violations;

      (2) 7 shall be practicing physicians drawn from the fields of emergency medicine, cardiology or cardiothoracic surgery, orthopedic surgery, neurosurgery, pediatrics or a pediatric subspecialty, obstetrics-gynecology, and psychiatry, with not more than one physician from any particular field;

      (3) 2 shall represent patients;

      (4) 2 shall be staff involved in EMTALA investigations from different regional offices of the Centers for Medicare & Medicaid Services; and

      (5) 1 shall be from a State survey office involved in EMTALA investigations and 1 shall be from a peer review organization, both of whom shall be from areas other than the regions represented under paragraph (4).

    In selecting members described in paragraphs (1) through (3), the Secretary shall consider qualified individuals nominated by organizations representing providers and patients.

    (c) GENERAL RESPONSIBILITIES- The Advisory Group--

      (1) shall review EMTALA regulations;

      (2) may provide advice and recommendations to the Secretary with respect to those regulations and their application to hospitals and physicians;

      (3) shall solicit comments and recommendations from hospitals, physicians, and the public regarding the implementation of such regulations; and

      (4) may disseminate information on the application of such regulations to hospitals, physicians, and the public.

    (d) ADMINISTRATIVE MATTERS-

      (1) CHAIRPERSON- The members of the Advisory Group shall elect a member to serve as chairperson of the Advisory Group for the life of the Advisory Group.

      (2) MEETINGS- The Advisory Group shall first meet at the direction of the Secretary. The Advisory Group shall then meet twice per year and at such other times as the Advisory Group may provide.

    (e) TERMINATION- The Advisory Group shall terminate 30 months after the date of its first meeting.

    (f) WAIVER OF ADMINISTRATIVE LIMITATION- The Secretary shall establish the Advisory Group notwithstanding any limitation that may apply to the number of advisory committees that may be established (within the Department of Health and Human Services or otherwise).