Hospitals Can Provide Abortions In Emergencies

Pregnant woman have access to abortion under federal law in emergency situations under guidance issued to medical care providers from the Biden administration.

The U.S. Department of Health and Human Services Monday announced new guidance and communication for medical care providers to ensure all patients “including pregnant women and others experiencing pregnancy loss,” know they have full rights to an abortion under the Emergency Medical Treatment and Active Labor Act (EMTALA). The guidance was issued by the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services.

In a letter to providers of medical care, the Biden administration said federal law preempts state law restricting access to abortion in emergency situations.

“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Health and Human Services Secretary Xavier Becerra said.

“Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care,” Becerra said. “Protecting both patients and providers is a top priority, particularly in this moment. Health care must be between a patient and their doctor, not a politician. We will continue to leverage all available resources at HHS to make sure women can access the life-saving care they need.”

The move by Biden administration comes two weeks after the U.S. Supreme Court overturned Roe vs. Wade, eliminating a woman’s constitutional right to choose an abortion.

Doctor groups and hospitals have said the Supreme Court eliminated a woman’s right to make her own decisions, allowing the government to interfere in personal healthcare decisions. In addition, the Supreme Court has created mass confusion among providers of medical care as states weigh various abortion restrictions, including bans on the procedure for victims of rape and incest.

In the letter to medical care providers, the Biden administration said the federal EMTALA law protects the clinical judgment of healthcare providers, allowing them to take action to provide “stabilizing medical treatment” to pregnant patients, “regardless of the restrictions in the state where you practice.”

“The EMTALA statute requires that all patients receive an appropriate medical screening examination, stabilizing treatment, and transfer, if necessary, irrespective of any state laws or mandates that apply to specific procedures,” the letter said. “It is critical that providers know that a physician or other qualified medical personnel’s professional and legal duty to provide stabilizing medical treatment to a patient who presents to the emergency department and is found to have an emergency medical condition preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment.”