Procedures for Termination When the EMTALA Violation is

5470.2 - Procedures for Termination When the EMTALA Violation is Not Immediate Jeopardy to Patient Health and Safety (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) In cases where the CMS location determined that a violation existed but not an immediate jeopardy, after a 5-day QIO advisory review has been completed when it was warranted, the CMS location follows the termination procedures in §3012 The processing timeframes are the maximum allowed. The termination procedures are not postponed or stopped unless evidence of correction of the deficiencies or proof that the violation did not exist is provided to the CMS location by the hospital. If warranted, the CMS location forwards supporting documents to the QIO (for a 60 day QIO review) in order to provide a medical opinion on the case. The CMS location refers the case to the OIG, if warranted, that has the responsibility for assessment of CMPs against the hospital and/or physician and physician exclusion provisions for violations of 42 CFR 489.24 The case is also referred to the Office for Civil Rights (OCR) because OCR may take action under the Hill-Burton Subpart G Community Services regulations at 42 CFR 124.603(b)(1) The termination track starts on the date that the CMS location makes the determination of noncompliance with 42 CFR 489.24 and/or the related requirements at 42 CFR 489.20. It is the date of the preliminary determination letter.