· 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 CourtListenerSourced 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.