[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Notices]
[Page 57296-57297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-95]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-1269-N6]
Medicare Program; Emergency Medical Treatment and Labor Act
(EMTALA) Technical Advisory Group (TAG): Announcement of a New Member
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice.
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SUMMARY: This notice announces the selection of a new member of the
Emergency Medical Treatment and Labor Act (EMTALA) Technical Advisory
Group (TAG). The purpose of
[[Page 57297]]
the EMTALA TAG is to review regulations affecting hospital and
physician responsibilities under EMTALA to individuals who come to a
hospital seeking examination or treatment for medical conditions.
FOR FURTHER INFORMATION CONTACT: Beverly J. Parker, (410) 786-5320.
George Morey, (410) 786-4653. Press inquiries are handled through the
CMS Press Office at (202) 690-6145.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 1866(a)(1)(I), 1866(a)(1)(N), and 1867 of the Social
Security Act (the Act) impose specific obligations on Medicare-
participating hospitals that offer emergency services. These
obligations concern individuals who come to a hospital emergency
department and request or have a request made on their behalf for
examination or treatment for a medical condition. EMTALA applies to all
these individuals, regardless of whether or not they are beneficiaries
of any program under the Act. Section 1867 of the Act sets forth
requirements for medical screening examinations for emergency medical
conditions, as well as necessary stabilizing treatment or appropriate
transfer.
Regulations implementing the EMTALA legislation are set forth at 42
CFR 489.20(l), (m), (q) and (r)(1), (r)(2), (r)(3), and 489.24. Section
945 of the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (MMA) (Pub. L. 108-173), requires that the Secretary
establish a Technical Advisory Group (TAG) for advice concerning issues
related to EMTALA regulations and implementation.
Section 945 of the MMA specifies that the EMTALA TAG--
Shall review the EMTALA regulations;
May provide advice and recommendations to the Secretary
concerning these regulations and their application to hospitals and
physicians;
Shall solicit comments and recommendations from hospitals,
physicians, and the public regarding implementation of such
regulations; and
May disseminate information concerning the application of
these regulations to hospitals, physicians, and the public.
The EMTALA TAG, as chartered under the legal authority of section
945 of the MMA, is also governed by the provisions of the Federal
Advisory Committee Act (FACA) (5 U.S.C. Appendix 2) for the selection
of members and the conduct of all meetings.
In the May 28, 2004 Federal Register (69 FR 30654), we specified
the statutory requirements regarding the charter, general
responsibilities, and structure of the EMTALA TAG. That notice also
solicited nominations for members based on the statutory requirements
for the EMTALA TAG. In the August 27, 2004 Federal Register (69 FR
52699), we solicited nominations again for members in two categories
(patient representatives and a State survey agency representative) for
which no nominations were received in response to the May 28, 2004
Federal Register notice. In the March 15, 2005 Federal Register (70 FR
12691), we announced the inaugural meeting of the EMTALA TAG and the
membership selection. That meeting was held on March 30 and 31, 2005.
On May 18, 2005 (70 FR 28541) we announced the second meeting of the
EMTALA TAG with a purpose to hear public testimony and consider written
responses from medical societies and other organizations on specific
issues considered by the EMTALA TAG at its inaugural meeting. The
second TAG meeting was held on June 15, 16, and 17, 2005.
On September 23, 2005, (70 FR 55903), we announced the third
meeting of the EMTALA TAG, for the purpose of enabling the EMTALA TAG
to hear additional testimony and further consider written responses
from medical societies and other organizations on specific issues
considered by the TAG at previous meetings. The third TAG meeting is
scheduled for October 26, 27, and 28, 2005
II. Selection of New EMTALA TAG Member
In the March 15, 2005 Federal Register (70 FR 12691), we announced
the EMTALA TAG membership. One of those original members, a hospital
representative, has been unable to complete his term of service. To
enable the TAG to continue to function as required by section 945 of
the MMA and to ensure that the concerns of hospitals are appropriately
considered during TAG deliberations, another member has been selected
to serve as a hospital representative. The new member is Rory Jaffe,
M.D., M.B.A., of the University of California/Davis Medical Center. Dr.
Jaffe was selected from the original list of nominees for the EMTALA
TAG.
Authority: Section 945 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (MMA).
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: September 23, 2005.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 05-19484 Filed 9-29-05; 8:45 am]
BILLING CODE 4120-01-P