On April 30, CMS issued a new FAQ (13 pages) on EMTALA compliance vs. Covid. One FAQ is:
Q: As a rural hospital, we have utilized our ER ambulance bay to use as a drive through COVID-19 testing location for patients that have been evaluated via telemedicine through our rural health clinic. Is it permissible for our ER RNs to do these swabs outside?
A: Drive through testing sites that have been established for COVID-19 testing alone, including on a hospital campus, do not have EMTALA implications. However, EMTALA would still apply if a patient who was seeking COVID-19 testing made a request for medical treatment while on the hospital campus or demonstrates a medical condition. If the person complains of, or exhibits any, symptoms of a medical condition, then that person should receive an appropriate MSE to determine whether an EMC exists. Clinically-appropriate hospital personnel working within their scope of practice and licensure may perform the testing for COVID-19.
Full Document is available at https://www.cms.gov/files/document/frequently-asked-questions-and-answers-emtala-part-ii.pdf