Article Summary –
The Department of Health and Human Services and the Centers for Medicare and Medicaid Services announced the rescission of guidance related to the Emergency Medical Treatment and Labor Act (EMTALA), initially issued in July 2022 to protect healthcare providers performing emergency abortions, following the reversal of Roe v. Wade. This decision has sparked concern among advocates who argue that withdrawing the guidance creates confusion and endangers pregnant individuals needing emergency abortion care, as illustrated by the legal challenges and conflicting court decisions surrounding Idaho’s abortion ban. Organizations like the ACLU and the Center for Reproductive Rights criticize the Trump administration for prioritizing anti-abortion agendas over patient safety, pledging to fight back to uphold emergency abortion rights.
The Department of Health and Human Services and Centers for Medicare and Medicaid Services announced on June 3 the rescission of guidance on the Emergency Medical Treatment and Labor Act (EMTALA), effective May 29. EMTALA mandates hospitals stabilize patients in emergencies.
The EMTALA guidance was issued in July 2022 by HHS under President Biden after the Supreme Court reversed Roe v. Wade, ensuring providers performing lifesaving abortions in emergencies were federally protected, regardless of state laws.
In August 2022, the Justice Department filed a lawsuit against Idaho’s abortion ban, claiming it violated EMTALA and endangered pregnant women. U.S. District Judge B. Lynn Winmill issued a preliminary injunction blocking the law’s enforcement in emergencies. The 9th Circuit Court later granted Idaho’s request to stay the injunction, allowing an appeal. The Supreme Court lifted the injunction in January and agreed to hear the DOJ’s case.
In March, the Department of Justice dropped the suit, signaling the Trump administration’s stance on emergency abortion protections. Skye Perryman of Democracy Forward emphasized EMTALA’s role in guaranteeing emergency care, criticizing the administration’s withdrawal of guidance.
The rescission announcement included a 2022 letter marked “RESCINDED.” The announcement stated CMS will uphold EMTALA, safeguarding emergency treatment, including for pregnant women. Nancy Northup of the Center for Reproductive Rights and Sara Spain of EMILYs List criticized the decision, highlighting risks to healthcare access.
Alexa Kolbi-Molinas from ACLU’s Reproductive Freedom Project noted the administration’s actions oppose longstanding legal protections, emphasizing the right to emergency abortion care and pledging to challenge the administration’s policies.
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