Thread by @EdGainesIII

Sec. of HHS also has authority (& the collective we should check) under a public health emergency (Section 1135 of the SSA for you home gamers) to waive #EMTALA sanctions for redirection of an individual to another location for the MSE per a state emergency preparedness plan...

https://twitter.com/billjaquis/status/1238503892863922177

2/ waiver of #EMTALA sanctions is effective only if actions under the waiver (if granted by @SecAzar) do not discriminate on the Pts source or ability to pay; #EMTALA waiver of sanctions for emergencies involving a pandemic (yes check we’re there) last until termination of ...

/3 said pandemic unless @SecAzar determines an earlier period. All, this is not legal advice and please consllult with counsel—this question came up during the @EMRAPGO pod cast and trying to help—run it by hospital counsel; references cms.gov public health ...

4/ emergencies 9 page PDF, Sections 1, 2, 3, 4 and 6. My personal belief from watching the #POTUS emergency declaration is that @SecAzar has just been given very broad authority to waive many rules including the 3 day IP stay requirement for SNIF coverage, #telehealth limits etc.

5/ here’s the link to the CMS document/FAQ, actually quite good & congrats to @CMSGov for its clarity—Docs it’s very readable—see prior tweet for section references—key is whether @SecAzar grants #EMTALA waiver—he has very clear statutory authority to do so but will he? Note ...

/6 This is not a blanket exemption as this document makes clear & @ACEPNow is seeking further guidance which is exactly what should happen — thank you @BillJaquis for your leadership —1 of the greatest parts of working w/ ED docs is no BS & decisiveness! cms.gov/Medicare/Provi…