Healthcare Complaint Filing Guidance
Step-by-step guidance for filing healthcare complaints with federal agencies
EMTALA Emergency Care Complaints
The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires hospital emergency departments to:
- • Provide a medical screening examination to anyone requesting emergency care
- • Stabilize patients with emergency medical conditions before transfer or discharge
- • Not delay screening or treatment to inquire about insurance or payment
- • Follow specific procedures for patient transfers
File a complaint if a hospital emergency department:
- • Refused to provide a medical screening examination
- • Transferred or discharged you before your condition was stabilized
- • Demanded payment or insurance information before providing emergency care
- • Delayed emergency treatment to check your ability to pay
- • Transferred you inappropriately to another facility
Step 1: Contact CMS (Centers for Medicare & Medicaid Services)
CMS is the primary federal agency that enforces EMTALA violations.
Call 1-800-MEDICARE (1-800-633-4227)
Available 24/7 • TTY: 1-877-486-2048
File Online with Your State Survey Agency
Find Your State Survey AgencyStep 2: Gather Required Information
- • Hospital name and address
- • Date and time of the emergency department visit
- • Description of your emergency medical condition
- • What happened (screening denied, inappropriate transfer, etc.)
- • Names of staff members involved (if known)
- • Any documentation (discharge papers, bills, etc.)
Step 3: File Your Complaint
You can file by:
- • Calling 1-800-MEDICARE and speaking with a representative
- • Contacting your state survey agency directly (link above)
- • Writing a letter describing the incident and mailing it to your state survey agency
What Happens Next
- • CMS will investigate your complaint
- • The hospital may be surveyed for EMTALA compliance
- • Violations can result in fines up to $119,942 per violation (2025)
- • Hospitals may lose Medicare participation
- • You will be notified of the investigation outcome
HIPAA Privacy Complaints
Contact HHS Office for Civil Rights (OCR)
OCR enforces HIPAA privacy and security rules.
File Online
HHS OCR Complaint PortalCall 1-800-368-1019
TTY: 1-800-537-7697
Important Deadline
You must file within 180 days of when you knew about the privacy violation.
Healthcare Discrimination Complaints
Section 1557 of the Affordable Care Act prohibits discrimination in healthcare based on race, color, national origin, sex, age, or disability.
Contact HHS Office for Civil Rights (OCR)
File Online
HHS OCR Complaint PortalTips for Filing Effective Complaints
- • Gather all relevant documents and records
- • Write down specific dates, times, and names
- • Try to resolve the issue directly with the provider first
- • Keep copies of all correspondence
- • File within required time limits
- • Be specific and factual in your description
- • Your contact information
- • Healthcare provider/facility name and address
- • Date and time of incident
- • Detailed description of what happened
- • Names of staff involved (if known)
- • Supporting documentation