- Title
- Interaction of the EMTALA and the Born-Alive Infants Protection Act of 2002
- Memo #
- 05-26
- Posting Date
- 04/22/2005
- Fiscal Year
- 2005
- Summary
- The purpose of this memorandum is to provide guidance to regional office (RO) and state survey agency (SA) personnel regarding the enforcement of the Emergency Medical Treatment and Labor Act (EMTALA) during investigations of hospitals where the Born-Alive Infants Protection Act could be potentially implicated. It has recently come to the agency's attention that there may be occasions where, in hospitals, an infant may be born alive within the meaning of the definition added to the U.S. Code by the Born-Alive Infants Protection Act, but where hospitals have failed to comply with the requirements of EMTALA.
