The Biden administration has instructed emergency room doctors to perform emergency abortions when necessary to protect the health of a pregnant woman, in response to the recent Supreme Court ruling that did not resolve a legal dispute regarding state abortion bans conflicting with a federal law mandating hospitals to provide stabilizing treatment.
In a letter set to be sent to doctor and hospital associations, Health and Human Services Secretary Xavier Becerra and Centers for Medicare and Medicaid Services Director Chiquita Brooks-LaSure reminded hospitals of their obligation to offer stabilizing treatment, which could include abortions. A copy of the letter was obtained by The Associated Press.
“No pregnant woman or her family should have to worry about being denied the necessary treatment to stabilize her emergency medical condition in the emergency room,” the letter stated.
The letter continued, “Despite this, we have heard numerous accounts of pregnant women seeking care in hospital emergency departments for emergency medical conditions and being turned away due to uncertainties among medical providers about the treatment they are authorized to provide.”
CMS will resume investigations into complaints against emergency rooms in Idaho following the Supreme Court’s ruling that hospitals must permit emergency abortions despite the state’s abortion ban. However, enforcement in Texas, where a strict six-week abortion ban is in place, will remain on hold due to a lower court decision.
The letter represents the Biden administration’s effort to raise awareness about a 40-year-old federal law requiring almost all emergency rooms that receive Medicare funds to offer stabilizing treatment for patients in a medical emergency. Hospitals that refuse to provide care face federal investigations, substantial fines, and loss of Medicare funding.
The Texas Alliance for Life disputed the letter, stating that the Biden administration wrongly implies that Idaho and other state pro-life laws do not safeguard women facing life-threatening emergencies during pregnancy.
The emergency room is where the Democratic White House contends it can mandate rare emergency abortions despite stringent state abortion bans. Following the overturning of Roe v. Wade in 2022, HHS promptly informed doctors that they must perform abortions in emergency medical situations to maintain a woman’s medical stability.
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An AP investigation revealed a surge in complaints about pregnant women being denied care in emergency rooms in 2022 after the overturning of Roe v. Wade, raising concerns about emergency pregnancy care in states with strict abortion laws.
In Idaho, enforcement of the federal law regarding emergency abortion cases was halted in January when the state’s strict abortion ban went into effect. Idaho’s law threatens doctors with imprisonment for performing an abortion, with an exception only if a pregnant woman’s life, not health, is at risk.
The Biden administration argues that this contradicts a federal law known as the Emergency Medical Treatment and Active Labor Act (EMTALA). Approximately 50,000 women experience severe pregnancy complications annually, such as blood loss, sepsis, or organ failure. In the most severe cases where a fetus is not viable, doctors might recommend terminating the pregnancy.
For instance, if a woman’s water breaks during the second trimester, known as preterm premature rupture of membranes, the fetus may not be viable, and continuing the pregnancy may pose risks of sepsis, a life-threatening infection.
Texas has filed a lawsuit against the Biden administration over its guidance on the law. The Department of Justice has appealed a lower court’s decision allowing the law to be enforced to the Supreme Court, which may consider the case later this year.
HHS has also been working to simplify the process for patients who are denied care or not transferred appropriately to file complaints against hospitals. Earlier this year, CMS launched a new webpage that allows individuals to submit complaints in a user-friendly three-step process.
“We will continue to expand on our recent efforts to inform the public about their rights to emergency medical care and to assist hospitals and healthcare professionals in meeting their EMTALA obligations,” the letter stated.
The department announced that the complaint webpage will now be available in Spanish starting today.
Lupe Rodriguez, executive director of the National Latina Institute for Reproductive Justice, stated that her team has been in discussions with the HHS secretary for several months to advocate for making resources accessible in Spanish.
Latinas are at a higher risk of being uninsured, lacking access to prenatal care, and residing in states with abortion bans, she noted. This is especially concerning for Latinas with limited English skills or in mixed immigration status households.
“It’s crucial to center Latinas and people of color because they are disproportionately affected by these abortion bans and efforts to restrict emergency care,” Rodriguez emphasized.
Related story: Supreme Court rules to allow emergency abortions in Idaho
