CMS issued guidance yesterday clarifying the responsibility of hospitals to provide emergency services if they participate in Medicare. The guidance makes it clear that nearly all hospitals--including specialty hospitals and others without emergency departments--must be able to evaluate persons with emergencies, provide initial treatment, and refer or transfer these individuals when appropriate. The guidance does not apply to critical access hospitals, which are subject to separate regulation.
Key requirements include the capability to appraise the emergency situation, provision of initial treatment, and referral when appropriate. The letter clarifies that the Medicare conditions of participation do not permit a hospital to rely on “911 services” as a substitute for the hospital’s own ability to provide these services. (Download the guidance.)
