Legal Brief: CMS launches new option for patients to file direct complaints

Posted on: 5/24/24

The Centers for Medicare & Medicaid Services (CMS) has launched new educational information on its website to provide patients with information about their rights under EMTALA, including a new option for patients to file complaints directly with CMS. Historically, if a patient felt that their rights were violated and they were denied access to emergency care services, they had to file an EMTALA complaint with the Oklahoma State Department of Health (OSDH). It was then incumbent upon the OSDH to follow through with any necessary investigation of the complaint. While that state process is still available to patients, they now have an option to file a complaint directly with CMS. The updated CMS EMTALA website provides information to patients regarding their rights to emergency care. There are written and video instructions and links to click to actually file the complaint. 

As stated in an announcement from CMS, the new EMTALA website is “part of the Biden-Harris Administration’s comprehensive plan to educate the public and promote patient access to the emergency medical care to which they are entitled under federal law.” (Maggie Martin)