Conduct of Investigations

5410.2 - Conduct of Investigations (Rev. 18, Issued: 03-17-06; Effective/Implementation Dates: 03-17-06) If a complaint indicates that a born-alive infant has been denied a screening examination, stabilizing treatment, or an appropriate transfer, the complaint is prioritized as an alleged EMTALA violation. It is not necessary to determine that the hospital acted with an improper motive in any failure to provide a screening examination, stabilizing treatment, or an appropriate transfer in order to conclude that an EMTALA violation has occurred. The Supreme Court of the United States has held that a finding of improper motive is not required to conclude that an EMTALA violation has occurred.