§1395dd. Examination and treatment for emergency medical conditions and women in labor — Inbound Citations

42 U.S.C. § 1395dd

Cited by 26 provisions in release 119-102.

Citations to 42 U.S.C. § 1395dd as a whole

26 U.S.C. § 501(r)(4)(B)

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(B) A written policy requiring the organization to provide, without discrimination, care for emergency medical conditions (within the meaning of section 1867 of the Social Security Act (42 U.S.C. 1395dd)) to individuals regardless of their eligibility under the financial assistance policy described in subparagraph (A).
29 U.S.C. § 1185e(a)(3)(C)(i)(I)

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(I) a medical screening examination (as required under section 1867 of the Social Security Act [42 U.S.C. 1395dd], or as would be required under such section if such section applied to an independent freestanding emergency department) that is within the capability of the emergency department of a hospital or of an independent freestanding emergency department, as applicable, including ancillary services routinely available to the emergency department to evaluate such emergency medical condition; and
29 U.S.C. § 1185e(a)(3)(C)(i)(II)

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(II) within the capabilities of the staff and facilities available at the hospital or the independent freestanding emergency department, as applicable, such further medical examination and treatment as are required under section 1867 of such Act [42 U.S.C. 1395dd], or as would be required under such section if such section applied to an independent freestanding emergency department, to stabilize the patient (regardless of the department of the hospital in which such further examination or treatment is furnished).
42 U.S.C. § 300d–13(a)(4)

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(4) contains standards and requirements for the implementation of regional trauma care systems, including standards and guidelines (consistent with the provisions of section 1395dd of this title) for medically directed triage and transportation of trauma patients (including patients injured in rural areas) prior to care in designated trauma centers;
42 U.S.C. § 300gg–111(a)(3)(C)(i)(I)

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(I) a medical screening examination (as required under section 1867 of the Social Security Act [42 U.S.C. 1395dd], or as would be required under such section if such section applied to an independent freestanding emergency department) that is within the capability of the emergency department of a hospital or of an independent freestanding emergency department, as applicable, including ancillary services routinely available to the emergency department to evaluate such emergency medical condition; and
42 U.S.C. § 300gg–111(a)(3)(C)(i)(II)

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(II) within the capabilities of the staff and facilities available at the hospital or the independent freestanding emergency department, as applicable, such further medical examination and treatment as are required under section 1395dd of this title, or as would be required under such section if such section applied to an independent freestanding emergency department, to stabilize the patient (regardless of the department of the hospital in which such further examination or treatment is furnished).
42 U.S.C. § 300gg–19a(b)(2)(B)(i)

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(i) a medical screening examination (as required under section 1395dd of this title) that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate such emergency medical condition, and
42 U.S.C. § 300gg–19a(b)(2)(B)(ii)

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(ii) within the capabilities of the staff and facilities available at the hospital, such further medical examination and treatment as are required under section 1395dd of this title to stabilize the patient.
42 U.S.C. § 1320b–5(b)(3)

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(3) actions under section 1395dd of this title (relating to examination and treatment for emergency medical conditions and women in labor) for—

(A) a transfer of an individual who has not been stabilized in violation of subsection (c) of such section if the transfer is necessitated by the circumstances of the declared emergency in the emergency area during the emergency period; or

(B) the direction or relocation of an individual to receive medical screening in an alternative location—

(i) pursuant to an appropriate State emergency preparedness plan; or

(ii) in the case of a public health emergency described in subsection (g)(1)(B) that involves a pandemic infectious disease, pursuant to a State pandemic preparedness plan or a plan referred to in clause (i), whichever is applicable in the State;
42 U.S.C. § 1395cc(a)(1)(I)(i)

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(i) to adopt and enforce a policy to ensure compliance with the requirements of section 1395dd of this title and to meet the requirements of such section,
42 U.S.C. § 1395cc(a)(1)(N)(iii)

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(iii) to post conspicuously in any emergency department a sign (in a form specified by the Secretary) specifying rights of individuals under section 1395dd of this title with respect to examination and treatment for emergency medical conditions and women in labor, and
42 U.S.C. § 1395w–22(d)(2)

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(2) A Medicare+Choice plan shall comply with such guidelines as the Secretary may prescribe relating to promoting efficient and timely coordination of appropriate maintenance and post-stabilization care of an enrollee after the enrollee has been determined to be stable under section 1395dd of this title.
42 U.S.C. § 1395y(d)

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(d) For purposes of subsection (a)(1)(A), in the case of any item or service that is required to be provided pursuant to section 1395dd of this title to an individual who is entitled to benefits under this subchapter, determinations as to whether the item or service is reasonable and necessary shall be made on the basis of the information available to the treating physician or practitioner (including the patient’s presenting symptoms or complaint) at the time the item or service was ordered or furnished by the physician or practitioner (and not on the patient’s principal diagnosis). When making such determinations with respect to such an item or service, the Secretary shall not consider the frequency with which the item or service was provided to the patient before or after the time of the admission or visit.
42 U.S.C. § 1396o–1(e)(1)(B)

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(B) The hospital must inform the beneficiary after receiving an appropriate medical screening examination under section 1395dd of this title and after a determination has been made that the individual does not have an emergency medical condition, but before providing the non-emergency services, of the following:

(i) The hospital may require the payment of the State specified cost sharing before the service can be provided.

(ii) The name and location of an alternate non-emergency services provider (described in subparagraph (A)) that is actually available and accessible (as described in such subparagraph).

(iii) The fact that such alternate provider can provide the services without the imposition of cost sharing described in clause (i).

(iv) The hospital provides a referral to coordinate scheduling of this treatment.

Nothing in this subsection shall be construed as preventing a State from applying (or waiving) cost sharing otherwise permissible under this section to services described in clause (iii).
42 U.S.C. § 1396o–1(e)(3)(A)

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(A) to limit a hospital’s obligations with respect to screening and stabilizing treatment of an emergency medical condition under section 1395dd of this title; or
42 U.S.C. § 1396o–1(e)(4)(A)

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(A) The term “non-emergency services” means any care or services furnished in an emergency department of a hospital that do not constitute an appropriate medical screening examination or stabilizing examination and treatment required to be provided by the hospital under section 1395dd of this title.
42 U.S.C. § 18023(d)

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(d) Nothing in this Act shall be construed to relieve any health care provider from providing emergency services as required by State or Federal law, including section 1395dd of this title (popularly known as “EMTALA”).

Citations to §1395dd(d)(3)

42 U.S.C. § 1320c–3(a)(16)

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(16) The organization shall provide for a review and report to the Secretary when requested by the Secretary under section 1395dd(d)(3) of this title. The organization shall provide reasonable notice of the review to the physician and hospital involved. Within the time period permitted by the Secretary, the organization shall provide a reasonable opportunity for discussion with the physician and hospital involved, and an opportunity for the physician and hospital to submit additional information, before issuing its report to the Secretary under such section.

Citations to §1395dd(e)(1)

42 U.S.C. § 1395m(q)(4)(C)(i)

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(i) An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1395dd(e)(1) of this title).

Citations to §1395dd(e)(1)(A)

29 U.S.C. § 1185e(a)(3)(B)

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(B) The term “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act [42 U.S.C. 1395dd(e)(1)(A)].
42 U.S.C. § 300gg–111(a)(3)(B)

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(B) The term “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act [42 U.S.C. 1395dd(e)(1)(A)].
42 U.S.C. § 300gg–19a(b)(2)(A)

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(A) The term “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1395dd(e)(1)(A) of this title.

Citations to §1395dd(e)(3)

26 U.S.C. § 9816(a)(3)(J)

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(J) The term “to stabilize”, with respect to an emergency medical condition (as defined in subparagraph (B)), has the meaning give³ in section 1867(e)(3) of the Social Security Act (42 U.S.C. 1395dd(e)(3)).
29 U.S.C. § 1185e(a)(3)(J)

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(J) The term “to stabilize”, with respect to an emergency medical condition (as defined in subparagraph (B)), has the meaning give³ in section 1867(e)(3) of the Social Security Act (42 U.S.C. 1395dd(e)(3)).
42 U.S.C. § 300gg–111(a)(3)(J)

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(J) The term “to stabilize”, with respect to an emergency medical condition (as defined in subparagraph (B)), has the meaning give³ in section 1867(e)(3) of the Social Security Act (42 U.S.C. 1395dd(e)(3)).
42 U.S.C. § 300gg–19a(b)(2)(C)

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(C) The term “to stabilize”, with respect to an emergency medical condition (as defined in subparagraph (A)), has the meaning give⁴ in section 1395dd(e)(3) of this title.