State Operations Manual (Pub. 100-07), Ch. 5 § 5440.3
Guidelines for Surveyors Conducting Investigations
5440.3 - Guidelines for Surveyors Conducting Investigations
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
Attention to Procedures
The purpose of conducting the investigation is to ascertain whether or not the hospital
violated the EMTALA requirements. The survey must be in accordance with applicable
survey procedures and policies. Review instructions in Appendix V, before beginning
the investigation. The guidelines provide a detailed interpretation of the regulations.
Involvement of Complainants
Complainants, if known, receive a letter of acknowledgment from the SA or CMS
location. Do not disclose the identity of complainants. When information obtained
during the investigation appears to be in conflict with the information supplied by the
complainant, consult with the complainant, if this can be done without disclosing the
person’s identity.