[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Pages 14900-14901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2569]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1269-N7]


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 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: Eric Ruiz, (410) 786-0247. 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

[[Page 14901]]

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. Section 945(b) of the MMA 
specifies the composition of the TAG. (For more information regarding 
the TAG composition see the May 28, 2004 (69 FR 30654) Federal 
Register). The EMTALA TAG held three meetings during calendar year 
2005. (See the March 15, 2005 (70 FR 12691), May 18, 2005 (70 FR 
28541), and September 23, 2005 (70 FR 55903) Federal Register).

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 physician 
representative in the field of psychiatry, is unable to complete her 
term of service. In selecting a replacement, the TAG must maintain the 
member composition described in section 945(b) of the MMA. We note that 
section 945(b)(2) of the MMA specifies the physician members of the TAG 
as follows: ``7 shall be practicing physicians drawn from the fields of 
emergency medicine, cardiology or cardiothoracic surgery, orthopedic 
surgery, neurosurgery, pediatrics or a pediatric subspecialty, 
obstetrics-gynecology, and psychiatry, with no more than one physician 
from any particular field.'' For this reason and to ensure that the 
concerns of practicing physicians are appropriately considered during 
TAG deliberations, another practicing physician in the field of 
psychiatry has been selected to serve as a member of the TAG. The new 
member is Sul Ross Thorward, M.D. of Twin Valley Behavioral Healthcare 
in Columbus, Ohio. Dr. Thorward 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: February 23, 2006.
Mark B. McClellan,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 06-2569 Filed 3-23-06; 8:45 am]
BILLING CODE 4120-01-P