C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 482—CONDITIONS OF PARTICIPATION FOR HOSPITALS › Subpart D—Optional Hospital Services

42 C.F.R. § 482.55

Condition of participation: Emergency services

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The hospital must meet the emergency needs of patients in accordance with acceptable standards of practice.

(a) Standard: Organization and direction. If emergency services are provided at the hospital—

(1) The services must be organized under the direction of a qualified member of the medical staff;

(2) The services must be integrated with other departments of the hospital;

(3) The policies and procedures governing medical care provided in the emergency service or department are established by and are a continuing responsibility of the medical staff.

(b) Standard: Personnel. (1) The emergency services must be supervised by a qualified member of the medical staff.

(2) There must be adequate medical and nursing personnel qualified in emergency care to meet the written emergency procedures and needs anticipated by the facility.

(c) Standard: Emergency services readiness. Effective July 1, 2025, in accordance with the complexity and scope of services offered, there must be adequate provisions and protocols to meet the emergency needs of patients.

(1) Protocols. Protocols must be consistent with nationally recognized and evidence-based guidelines for the care of patients with emergency conditions, including but not limited to patients with obstetrical emergencies, complications, and immediate post-delivery care.

(2) Provisions. Provisions include equipment, supplies, and medication used in treating emergency cases. Such provisions must be kept at the hospital and be readily available for treating emergency cases to meet the needs of patients. The available provisions must include the following:

(i) Drugs, blood and blood products, and biologicals commonly used in life-saving procedures;

(ii) Equipment and supplies commonly used in life-saving procedures; and

(iii) Each emergency services treatment area must have a call-in-system for each patient.

(3) Staff training. Applicable staff, as identified by the hospital, must be trained annually on the protocols and provisions implemented pursuant to this section.

(i) The governing body must identify and document which staff must complete such training.

(ii) The hospital must document in the staff personnel records that the training was successfully completed.

(iii) The hospital must be able to demonstrate staff knowledge on the topics implemented pursuant to this section.

(iv) The hospital must use findings from its QAPI program, as required at § 482.21, to inform staff training needs and any additions, revisions, or updates to training topics on an ongoing basis.

[51 FR 22042, June 17, 1986, as amended at 89 FR 94592, Nov. 27, 2024]
Notes of Decisions
Cited in 5 cases, 1997–2019 · leading case: Univ. of Texas Sw. Med. Ctr. at Dallas v. Gentilello, 317 S.W.3d 865 (Tex. App. 2010).
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Univ. of Texas Sw. Med. Ctr. at Dallas v. Gentilello, 317 S.W.3d 865 (Tex. App. 2010). · cites it 3× “42 C.F.R. § 482.55 . Emergency services must be organized under the direction of a qualified member of the medial staff and the policies and procedures governing medical care provided in the emergency service or department must be established by the medical staff.”
Bain v. Colbert Cnty. Nw. Alabama Health Care Auth., 233 So. 3d 945 (Ala. 2017). “identical to 42 C.F.R. § 482.55 , which provides, in pertinent part, that “[t]he hospital must meet the emergency needs of patients in accordance with acceptable standards of practice.”
Evelyn v. v. Kings Cnty. Hosp. Ctr., 956 F. Supp. 288 (E.D.N.Y 1997). · cites it 2× “24 (Medical Record Services), and 42 C.F.R. § 482.55 (Emergency Services). By letter dated April 6, 1989, HHS advised the hospital that a “complete Medicare survey” would be conducted by the Department of Health after which the hospital would be expected to submit a plan for…”
Lopez v. Contra Costa Reg'l Med. Ctr., 903 F. Supp. 2d 835 (N.D. Cal. 2012). “qualified under hospital bylaws or rules and regulations and [under 42 C.F.R. § 482.55 ]; ... and (ii) If an emergency medical condition is determined to exist, provide any necessary stabilizing treatment, as defined in paragraph (d) of this section, or an appropriate transfer…”
David v. BayCare Health Sys., Inc. (M.D. Fla. 2019). “24 , (3) 42 C.F.R. § 482.55 , (4) § 395.1041, F.S.”
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