Your Right to Emergency Medical Care
In light of the Supreme Court’s decision to overturn Roe v. Wade, it’s more important than ever that you know your rights on receiving emergency medical care.
- The Emergency Medical Treatment and Labor Act (EMTALA) requires Medicare-participating hospital emergency departments to offer any person who requests it an appropriate medical screening examination within the capability of the hospital’s emergency department.
- If the hospital determines that you have an emergency medical condition, federal law requires the hospital to offer you treatment until your emergency medical condition is stabilized, or an appropriate transfer to another hospital if you need it.
- An emergency medical condition includes any medical condition manifesting itself by acute symptoms and that, in the absence of immediate medical attention, could reasonably be expected to place the person’s health in serious jeopardy. Emergency medical conditions involving pregnant patients may include, but are not limited to, ectopic pregnancy, complications of a pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features. In some instances, the treatment reasonably necessary to stabilize a pregnant woman’s emergency medical condition may be an abortion.
- These federal rights preempt any directly conflicting state laws or mandates that apply to specific procedures.1
1 Please note: pursuant to the injunction in Texas v. Becerra, No. 5:22-CV-185-H (N.D. Tex.), HHS may not enforce the following interpretations contained in the July 11, 2022, CMS guidance (and the corresponding letter sent the same day by HHS Secretary Becerra): (1) the Guidance and Letter’s interpretation that Texas abortion laws are preempted by EMTALA; and (2) the Guidance and Letter’s interpretation of EMTALA — both as to when an abortion is required and EMTALA’s effect on state laws governing abortion — within the State of Texas or against the members of the American Association of Pro Life Obstetricians and Gynecologists (AAPLOG) and the Christian Medical and Dental Association (CMDA).
If you are a health care provider:
- For frontline health care providers, EMTALA requires a hospital to provide stabilizing medical treatment to any pregnant patients presenting to the hospital with an emergency medical condition, regardless of any directly conflicting restrictions in the state where you practice.
- This means that physicians and other qualified medical personnel are required by federal law to offer stabilizing medical treatment (or an appropriate transfer) to a patient who presents to the emergency department and is found to have an emergency medical condition. This requirement preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment, such as state prohibitions or restrictions on abortions.
- Stabilizing treatment could include medical and/or surgical interventions (such as abortion, removal of one or both fallopian tubes, anti-hypertensive therapy, or methotrexate therapy), irrespective of any directly conflicting state laws or mandates that apply to specific procedures.
- Health care professionals and institutions with religious or conscience objections to providing abortions do not have to do so. To learn more click here.
If you are a patient:
- If you present to the emergency department, you must be offered an appropriate medical screening examination to determine if you have an emergency medical condition. If you do, your health care providers in the emergency department are not permitted to wait until your emergency medical condition deteriorates before they provide stabilizing treatment.
- The enforcement of EMTALA is a complaint driven process. If you or someone you know did not receive the emergency stabilizing medical care to which they were entitled, you can file an EMTALA complaint either by contacting your state’s survey agency or by using the Centers for Medicare & Medicaid Services webform.
- To contact your state’s survey agency, use the tool below.
- To file a complaint with the Centers for Medicare & Medicaid Services click here.
Contact Information for Filing a Complaint with the State Survey Agency
Select your state or area to view contact information for filing a complaint.
Alabama
State Survey Agency: Alabama
State Health Department’s Web Site Address:
https://www.alabamapublichealth.gov/providerstandards/complaints.html
Phone Number:
800-356-9596Alaska
State Survey Agency: Alaska
State Health Department’s Web Site Address:
https://healthy.arkansas.gov/programs-services/licensing-military-member-licensure-permits-plan-reviews/health-facility-services/health-facility-services/
Phone Number:
Office: 907-334-2483
Toll Free: 888-387-9387America Samoa
State Survey Agency: American Samoa
Complaints can be filed at: Survey & Operations Group, San Francisco/Seattle Acute & Continuing Care Branch: [email protected]
Phone Number:
415-744-3501Arizona
State Survey Agency: Arizona
State Health Department’s Web Site Address:
https://app3.azdhs.gov/PROD-AZHSComplaint-UI
Phone Number:
602-364-2536Arkansas
State Survey Agency: Arkansas
State Health Department’s Web Site Address:
https://www.healthy.arkansas.gov/health-facility-services-complaints
Phone Number:
800-233-0340
501-661-2201California
State Survey Agency: California
State Health Department’s Web Site Address:
https://www.cdph.ca.gov/programs/chcq/lcp/calhealthfind/Pages/Home.aspx
Phone Number:
Toll free number listed on website by district: https://www.cdph.ca.gov/Programs/CHCQ/LCP/Pages/DistrictOffices.aspxColorado
State Survey Agency: Colorado
State Health Department’s Web Site Address:
https://cdphe.colorado.gov/health-facilities-complaints
https://cdphe.colorado.gov/file-a-complaint/health-facilities-complaint-and-occurrence-contacts
Phone Number:
Other provider specific contacts are listed here: https://cdphe.colorado.gov/file-a-complaint/health-facilities-complaint-and-occurrence-contacts
1-800-842-8826Connecticut
State Survey Agency: Connecticut
State Health Department’s Web Site Address:
https://dphflisevents.ct.gov/Complaints
Phone Number:
860-509-7400Deleware
State Survey Agency: Delaware
State Health Department’s Web Site Address:
https://dhss.delaware.gov/dhss/dhcq/ohflcmain.html
Phone Number:
800-942-7373District of Columbia
State Survey Agency: District of Columbia
State Health Department’s Web Site Address:
https://dchealth.dc.gov/node/145702
Phone Number:
202-442-5833Florida
State Survey Agency: Florida
State Health Department’s Web Site Address:
https://ahca.myflorida.com/contact-ahca/filing-a-complaint
https://apps.ahca.myflorida.com/hcfc/
Phone Number:
888-419-3456Georgia
State Survey Agency: Georgia
State Health Department’s Web Site Address:
https://dch.georgia.gov/divisionsoffices/healthcare-facility-regulation/facility-licensure/hfr-file-complaint
Phone Number:
800-878-6442Guam
State Survey Agency: Guam
Complaints can be filed at: Survey & Operations Group, San Francisco/Seattle Acute & Continuing Care Branch: [email protected]
Phone Number:
415-744-3501Hawaii
State Survey Agency: Hawaii
State Health Department’s Web Site Address:
https://health.hawaii.gov/ohca/files/2017/06/Complaint-Intake-Form-62017.pdf
Phone Number:
808-692-7420Idaho
State Survey Agency: Idaho
State Health Department’s Web Site Address:
https://healthandwelfare.idaho.gov/providers/acute-and-continuing-care/home-health-agencies
Phone Number:
800-345-1453
Fax: 208-364-1888Illinois
State Survey Agency: Illinois
State Health Department’s Web Site Address:
https://dph.illinois.gov/topics-services/health-care-regulation/complaints.html
Phone Number:
1-800-252-4343Indiana
State Survey Agency: Indiana
State Health Department’s Web Site Address:
https://www.in.gov/health/ltc/contact/complaints/
https://www.in.gov/health/cshcr/acute-and-continuing-care/
Phone Number:
800-246-8909Iowa
State Survey Agency: Iowa
State Health Department’s Web Site Address:
https://dial.iowa.gov/complaints
https://stateofiowa.seamlessdocs.com/f/DIA_Contact_Form
Phone Number:
1-877-686-0027Kansas
State Survey Agency: Kansas
State Health Department’s Web Site Address:
https://www.kdhe.ks.gov/625/Complaint-Hotline
Phone Number:
800-842-0078Kentucky
State Survey Agency: Kentucky
State Health Department’s Web Site Address:
https://www.chfs.ky.gov/agencies/os/oig/dhc/Pages/default.aspx
Phone Number:
Abuse: 1-877-597-2331Lousiana
State Survey Agency: Louisiana
State Health Department’s Web Site Address:
https://ldh.la.gov/page/health-standards-section-complaints
Phone Number:
See website for contacts: https://ldh.la.gov/page/health-standards-section-complaintsMaine
State Survey Agency: Maine
State Health Department’s Web Site Address:
https://www.maine.gov/dhhs/dlc/safety-reporting/file-a-complaint
Phone Number:
1-800-383-2441Maryland
State Survey Agency: Maryland
State Health Department’s Web Site Address:
https://app.smartsheet.com/b/publish?EQBCT=07c94438f6714af1bbfe8ff1037b8b74
Phone Number:
General number for complaint submissions for various provider types is 410-402-8015.Massachusetts
State Survey Agency: Massachusetts
State Health Department’s Web Site Address:
https://www.mass.gov/how-to/file-a-complaint-regarding-a-nursing-home-or-other-health-care-facility
Phone Number:
(800) 462-5540
617-753-8000Michigan
State Survey Agency: Michigan
State Health Department’s Web Site Address:
https://www.michigan.gov/lara/bureau-list/bsc/file-a-complaint-with-bsc
Phone Number:
1-800-882-6006Minnesota
State Survey Agency: Minnesota
State Health Department’s Web Site Address:
https://www.health.state.mn.us/facilities/regulation/filecomplaint.html
Phone Number:
844-880-1574Mississippi
State Survey Agency: Mississippi
State Health Department’s Web Site Address:
https://msdh.ms.gov/page/30,0,83,787.html
Phone Number:
800-227-7308Missouri
State Survey Agency: Missouri
State Health Department’s Web Site Address:
https://health.mo.gov/safety/abuse/
https://health.mo.gov/safety/hospice/index.php
Phone Number:
800-392-0210Montana
State Survey Agency: Montana
State Health Department’s Web Site Address:
https://dphhs.mt.gov/qad/certificationcomplaintform
Phone Number:
(406) 444-2099Nebraska
State Survey Agency: Nebraska
State Health Department’s Web Site Address:
https://dhhs.ne.gov/licensure/Pages/Health-Care-Facilities-and-Services-Complaints.aspx
Phone Number:
402-471-0316
Fax: 402-742-2389Nevada
State Survey Agency: Nevada
State Health Department’s Web Site Address:
https://dpbh.nv.gov/Reg/HealthFacilities/dta/Complaints/HCQC-Complaint-Form/
Phone Number:
1-800-225-3414New Hampshire
State Survey Agency: New Hampshire
State Health Department’s Web Site Address:
https://www.dhhs.nh.gov/file-complaint-against-health-facility-nh
Phone Number:
(603) 271-6941New Jersey
State Survey Agency: New Jersey
State Health Department’s Web Site Address:
https://www.state.nj.us/health/healthfacilities/file_complaint.shtml
Phone Number:
800-792-9770New Mexico
State Survey Agency: New Mexico
State Health Department’s Web Site Address:
https://www.nmhealth.org/about/dhi/ane/rane/
Phone Number:
800-752-8649New York
State Survey Agency: New York
State Health Department’s Web Site Address:
https://apps.health.ny.gov/surveyd8/facility-complaint-form
Phone Number:
General Complaints Phone number: 1-800-663-6114North Carolina
State Survey Agency: North Carolina
State Health Department’s Web Site Address:
https://info.ncdhhs.gov/dhsr/ciu/filecomplaint.html
Phone Number:
1-800-624-3004 (within NC)
919-855-4500 (outside NC)North Dakota
State Survey Agency: North Dakota
State Health Department’s Web Site Address:
https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit/health-facility-concerns
https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit/hospice-programs
Phone Number:
(701) 328-2352Northern Mariana Islands
State Survey Agency: Northern Mariana Islands
Complaints can be filed at: Survey & Operations Group, San Francisco/Seattle Acute & Continuing Care Branch: [email protected]
Phone Number:
415-744-3501Ohio
State Survey Agency: Ohio
State Health Department’s Web Site Address:
https://odh.ohio.gov/know-our-programs/home-health-agencies/enforcement-complaints
Phone Number:
1-800-342-0553Oklahoma
State Survey Agency: Oklahoma
State Health Department’s Web Site Address:
https://oklahoma.gov/health/services/licensing-inspections/medical-facilities-service/complaints-and-enforcement-division.html
Phone Number:
405-426-8470Oregon
State Survey Agency: Oregon
State Health Department’s Web Site Address:
https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/HEALTHCAREPROVIDERSFACILITIES/HEALTHCAREHEALTHCAREREGULATIONQUALITYIMPROVEMENT/Pages/complaint.aspx
Phone Number:
Acute and Continuing Care: 971-673-0540Pennsylvania
State Survey Agency: Pennsylvania
State Health Department’s Web Site Address:
https://www.health.pa.gov/topics/facilities/Pages/Facilities-Licensing.aspx
https://apps.health.pa.gov/dohforms/FacilityComplaint.aspx
Phone Number:
1-800-254-5164Puerto Rico
State Survey Agency: Puerto Rico
State Health Department’s Web Site Address:
https://www.salud.pr.gov/CMS/DOWNLOAD/8353
Phone Number:
787-273-8487Rhode Island
State Survey Agency: Rhode Island
State Health Department’s Web Site Address:
https://health.ri.gov/complaints/
Phone Number:
401-222-5200South Carolina
State Survey Agency: South Carolina
State Health Department’s Web Site Address:
https://apps.dhec.sc.gov/Health/HRComplaints/DefaultComplaintPublic.aspx?
Phone Number:
803-545-4370
800-922-6735South Dakota
State Survey Agency: South Dakota
State Health Department’s Web Site Address:
https://doh.sd.gov/health-care-professionals/health-facility-licensure/health-facility-complaints/
Phone Number:
605-367-5368, 605-773-6373, 605-367-4640Tennessee
State Survey Agency: Tennessee
State Health Department’s Web Site Address:
https://www.tn.gov/hfc/division-of-licensure-and-regulation/filing-a-complaint.html
Phone Number:
Local main hotline: 615-253-5905
General: 1-877-287-0010Texas
State Survey Agency: Texas
State Health Department’s Web Site Address:
https://txhhs.my.site.com/complaint/s/
https://www.hhs.texas.gov/about/your-rights/complaint-incident-intake
Phone Number:
800-458-9858US Virgin Islands
State Survey Agency: US Virgin Islands
Complaints can be filed at: Survey & Operations Group, Northeast Division of Acute & Ambulatory Care: [email protected]
Phone Number:
212-616-2500Utah
State Survey Agency: Utah
State Health Department’s Web Site Address:
https://docs.google.com/forms/d/10ZlXc7c6ps5uv-eV-WGMW2voX5L-Syq0nL5mrSTPSMU/edit
https://health.utah.gov/hflcra/forms.php
Phone Number:
800-662-4157Vermont
State Survey Agency: Vermont
State Health Department’s Web Site Address:
https://dlp.vermont.gov/survey-cert/sc-complaints
Phone Number:
802-241-0482
888-700-5330Virginia
State Survey Agency: Virginia
State Health Department’s Web Site Address:
https://www.vdh.virginia.gov/licensure-and-certification/complaint-unit/
Phone Number:
1-800-955-1819Washington
State Survey Agency: Washington
State Health Department’s Web Site Address:
https://www.doh.wa.gov/LicensesPermitsandCertificates/FileComplaintAboutProviderorFacility/FacilityComplaintProcess#heading25859
Phone Number:
Acute and Continuing Care: 1-800-633-6828West Virginia
State Survey Agency: West Virginia
State Health Department’s Web Site Address:
https://ohflac.wvdhhr.org/complaint.html
https://ohflac.wvdhhr.org/Apps/Forms/Complaint
Phone Number:
304-558-0050Wisconsin
State Survey Agency: Wisconsin
State Health Department’s Web Site Address:
https://www.dhs.wisconsin.gov/guide/complaints.htm
Phone Number:
800-642-6552Wyoming
State Survey Agency: Wyoming
State Health Department’s Web Site Address:
https://health.wyo.gov/aging/hls/complaints-against-healthcare-facilities/
Phone Number:
307-777-7123
Civil Rights Complaints
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) enforces federal civil rights laws that prohibit discrimination in health programs receiving federal financial assistance. If you believe that your or another person’s civil rights or health information privacy rights have been violated, you can file a complaint with HHS here.
Patient Privacy
Federal law prohibits health care providers, health insurance plans, and other entities subject to the HIPAA Privacy Rule from using or sharing your health information to investigate or impose liability on yourself or any person for the mere act of seeking, obtaining, providing, or facilitating lawful reproductive health care.2 To learn more click here.
Understand your rights to protect your private medical information under federal law. If you think your privacy has been violated, click here to learn how to file a complaint.
Guidance on Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet may be found here.
Guidance on the HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care may be found here.
Guidance on the Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates may be found here.
Your Reproductive Rights
Below you will find information on your right to access reproductive health care, what your health insurance is required to cover, and where to go if you need health insurance.
Whether you get coverage through your employer, Medicaid, HealthCare.gov, or elsewhere in the private insurance market, most plans cover family planning counseling, birth control, and other preventive services at no additional cost to you. Federal law allows federally-funded health coverage (like Medicaid) to cover abortion in some situations, and some private health insurance plans also cover abortion care.