[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57296-57297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19484]


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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