Hospital Is In Compliance - Past Violation, No Termination

5460.2 - Hospital Is In Compliance - Past Violation, No Termination (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) If the CMS location determines that the allegation was substantiated, but the hospital had identified the violation on its own, took effective corrective action prior to the investigation, and has had no EMTALA violations for at least the past 6 months, termination action is not initiated. The CMS location notifies the hospital via a “Past Violation - No Termination Letter.” The SA receives a copy of the letter through ACTS. The CMS location or SA sends a letter to the complainant regarding the outcome of the investigation. Although no termination action is taken, the CMS location refers past violations of 42 CFR 489.24 to the OIG for assessment of civil monetary penalties (CMPs) if warranted.