The Centers for Medicare and Medicaid Services (CMS) recently announced the release of updated model signage for use by Medicare-participating hospitals to inform patients of their rights under the Emergency Medical Treatment and Labor Act (EMTALA). Hospitals are encouraged – but not required – to adopt the updated signage by September 13, 2024.

The new model signage is available in the “Downloads” section of CMS’s EMTALA webpage in Medicaid-participating and non-Medicaid-participating versions. CMS prepared the updated signage to assist hospitals in informing patients of their rights under EMTALA. The signage identifies that patients can file a complaint if they believe their rights under EMTALA have been violated.

EMTALA Required Signage

The new model signage is “recommended” for hospitals to meet their obligations to post EMTALA-specific signage. 42 CFR § 489.20(q) requires hospitals to display signage in a “conspicuous” location likely to be encountered by individuals entering the emergency department or waiting for examination and treatment. The content of required EMTALA signage has historically been expected to be presented in a font size readable from a 20-foot distance. The signage must:

• Specify the rights of individuals with emergency medical conditions and women in labor who come to the emergency department for healthcare services;
• Indicate whether the facility participates in Medicaid; and
• Use clear language and simple terms in languages that are understandable by the populations served by the hospital.

The new model signage contains these elements, but the manner in which the facility’s participation in Medicaid is displayed is small and could be difficult to read. Nonetheless, because the new model signage is provided by CMS and described as compliant with its requirements, this is unlikely to pose an EMTALA compliance concern. The new model signage also provides a QRS code to direct those reading the sign to additional information regarding EMTALA. This mechanism of providing information is convenient but could be a barrier for individuals who do not use “smart phones” that are able to access QRS code links.

Right to File a Complaint

The ability of individuals to file a complaint under EMTALA has been a recent focus of CMS, which launched an EMTALA-specific complaint reporting portal in May 2024 to simplify the complaint process. The new model signage highlights the option to file a complaint, further calling attention to the availability of the complaint process.

Next Steps

CMS encourages (but does not require) hospitals to adopt the updated signage by September 13, 2024.