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With the prospect of an H1N1 pandemic, "many stakeholders perceive that EMTALA [the Emergency Medical Treatment and Labor Act] imposes significant restrictions on hospitals' ability to provide adequate care when EDs experience extraordinary surges in demand," according to the Centers for Medicare & Medicaid Services. Recognizing that fact, CMS has issued a fact sheet to allay those fears.

CMS fact sheet seeks to allay concerns about EMTALA, H1N1