Scheduling the Investigation

5440.2 - Scheduling the Investigation (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) Allegations of EMTALA violation against a non-deemed or deemed hospital or CAH may represent a probable immediate jeopardy to the next individual who comes to the hospital requesting examination and treatment for an emergency medical condition. Therefore, when triaged as IJ by the CMS location, initiate the investigation within two business days after receipt of the authorization from the CMS location. The onsite investigation must be conducted on consecutive business days. The survey must be completed promptly and is not to be interrupted by other activities. DO NOT ANNOUNCE ANY INVESTIGATIONS. Based on review of the complaint allegations by the CMS location, the EMTALA complaint may also be prioritized as Non-IJ High. In these situations, the investigation must be initiated within 45 business days of CMS location authorization. The onsite investigation must be conducted on consecutive business days. The survey must be completed promptly, should not be interrupted by other activities, and must be unannounced.