State Operations Manual (Pub. 100-07), Ch. 5 § 5460

CMS location Review of Investigation

Last amended: 2026Year: 2026Length: 147 wordsOfficial source
5460 - CMS location Review of Investigation (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) Upon receiving the case from the SA, the CMS location has 10 working days to review the investigation findings. The CMS location requests a 5-day advisory medical review of the case by the QIO to determine if there is an EMTALA violation. The CMS location has 5 working days to review the case upon return from the QIO. With this information, and any other additional information, the CMS location determines whether the hospital complied with the EMTALA requirements and determines whether the violation constitutes an immediate jeopardy to patient health and safety. Prior to determining compliance or noncompliance, the CMS location is encouraged to confer with the State Agency, and may confer with the hospital’s representatives. The CMS location shares as much data as possible in accordance with current Privacy Act requirements.
State Operations Manual (Pub. 100-07), Ch. 5 § 5460: CMS location Review of Investigation | Justis AI