Skip to main content
· 4/6/2009

Moses v. Providence Hospital & Medical Centers, Inc.

Citations

  • 561 F.3d 573
  • 2009 U.S. App. LEXIS 7049
  • 2009 WL 902076

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “a hospital may not release a patient with an emergency medical condition without first determining that the patient has actually stabilized, even if the hospital properly admitted the patient”
  • refusing to defer to a provision of the CMS regulations upon finding it “contrary” to the plain text of EMTALA
  • describing presumption against applying a regulation “to events arising prior to the regulation’s enactment”
  • “Because the CMS rule is contrary to the plain language of the statute, this Court does not afford it Chevron deference.”
  • “[A] mental health emergency could qualify as an ‘emergency medical condition’ under the plain language of [EMTALA].”
  • “[A] hospital may not release a patient with an emergency medical condition without first determining that the patient has actually stabilized, even if the hospital properly admitted the patient.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay, Gibbons, Stamp

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.