The federal Emergency Medical Treatment & Labor Act (EMTALA) requires hospitals to provide a medical screening exam for any patient who comes to the emergency department, including suspected COVID-19 patients. Additional requirements apply if the screening reveals an emergency medical condition. In accordance with a declaration issued by the Secretary of Health & Human Services to respond to the COVID-19 public health emergency, the Centers for Medicare and Medicaid Services (CMS) received authority to waive certain federal healthcare requirements, such as EMTALA, under Section 1135 of the Social Security Act. Click here to view Manatt Health’s EMTALA infographic, clearly illustrating for hospitals and providers their EMTALA obligations when testing COVID-19 patients, based on what is permitted today in current law and what requires a federal waiver. Click here to access our COVID-19 resource center with the latest updates and guidance.