42 C.F.R. 42 CFR--PART 489


Title 42 - Public Health


Amendment from August 18, 2006

42 CFR--PART 489
View Printed Federal Register page 71 FR 48143 in PDF format.

Amendment(s) published August 18, 2006, in 71 FR 48143


Effective Date(s): October 1, 2006

49. Section 489.24 is amended by—

a. Revising the definition of “Labor” under paragraph (b).

b. Revising paragraph (f).

The revisions read as follows:

§ 489.24   Special responsibilities of Medicare hospitals in emergency cases.

                   *                 *                 *                 *                 *

(b)  *  *  *

Labor means the process of childbirth beginning with the latent or early phase of labor and continuing through the delivery of the placenta. A woman experiencing contractions is in true labor unless a physician, certified nurse-midwife, or other qualified medical person acting within his or her scope of practice as defined in hospital medical staff bylaws and State law, certifies that, after a reasonable time of observation, the woman is in false labor.

                   *                 *                 *                 *                 *

(f) Recipient hospital responsibilities. A participating hospital that has specialized capabilities or facilities (including, but not limited to, facilities such as burn units, shock-trauma units, neonatal intensive care units, or (with respect to rural areas) regional referral centers, which, for purposes of this subpart, means hospitals meeting the requirements of referral centers found at §412.96 of this chapter) may not refuse to accept from a referring hospital within the boundaries of the United States an appropriate transfer of an individual who requires such specialized capabilities or facilities if the receiving hospital has the capacity to treat the individual. This requirement applies to any participating hospital with specialized capabilities, regardless of whether the hospital has a dedicated emergency department.

                   *                 *                 *                 *                 *




chanrobles.com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com