EMTALA Update: CMS Recommends New Signage

The Centers for Medicare and Medicaid Services (CMS) recently released updated model signage outlining patients’ rights under the Emergency Medical Treatment and Labor Act (EMTALA).  CMS recommends, but is not requiring, that hospitals adopt the new model signage.  The CMS memorandum describing the updated signage recommendations is available here.

CMS regulations require hospitals, critical access hospitals, and rural emergency hospitals to post signage describing patients’ rights under EMTALA.  Per the regulations, signage must specify the rights of individuals with emergency medical conditions and women in labor who come to the emergency department for health care services, and state whether the facility participates in the Medicaid program. 

The wording of the sign(s) must be clear and in simple terms and language(s) that are understandable by the population served by the hospital; and the sign(s) must be placed in conspicuous areas likely to be noticed by all individuals entering the emergency department, as well as those individuals waiting for examination and treatment (e.g., entrance, admitting area, waiting room, treatment area). 

The new CMS model signage includes the required statements – including a statement regarding Medicaid participation (or non-participation) in the bottom right hand corner of the document (which is small and could be difficult for some individuals to see).  The updated signage also describes an individual’s right to file an EMTALA complaint and a QRS code to scan for additional information available on the CMS website.

Existing signage might meet the above requirements and not need to be replaced (as the recent guidance is only a recommendation).  If EMTALA signage has not been reviewed for some time, now is a good time to review it and update as necessary.

The CMS model signage documents are available here (under the “Downloads” section).  The signs are available in English and Spanish.