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Statement of Need: Revised regulations are needed to clarify the responsibilities of Medicare participating hospitals with respect to individuals who come to the hospital emergency department and request examination or treatment of a medical condition. The regulations would announce the agency's final position on proposals published on May 9, 2002 (67 FR 31404).

Summary of the Legal Basis: The legal basis of this regulation are sections 1866(a)(1)(I) and 1867 of the Social Security Act (42 U.S.C. 1385cc and 42 U.S.C. 1395dd).

Alternatives: None feasible. If the regulations are not published in final, uncertainty among physicians and hospitals about their responsibilities will continue and increase.

Anticipated Costs and Benefits: We are unable to provide objective dollar estimates of the impact of the regulations. We expect that publication of the regulations will enable hospitals and physicians to act in more focused and efficient ways to meet their statutory responsibilities, thus increasing the quality and availability of emergency care.

Risks: Some physicians and hospitals may continue to have some concerns about these requirements, even after the publication of clarifying regulations. However, if current regulations are not clarified, hospitals and physicians will have continued uncertainty as to their statutory responsibilities, and patients with emergency medical conditions may face greater difficulty in receiving needed care in a timely manner.