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yesterday

Trump Administration Rescinds 2022 EMTALA Guidance on Emergency Abortions

Removing the Biden-era directive has left hospitals unclear on their legal duties under EMTALA when treating pregnant patients in abortion-ban states.

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Abortion rights supporters hold placards on the day the Supreme Court justices hear oral arguments over the legality of Idaho's Republican-backed, near-total abortion ban in medical-emergency situations, at the U.S. Supreme Court in Washington, U.S., April 24, 2024. REUTERS/Kevin Lamarque/File Photo
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The previous EMTALA guidance does not "reflect the policy" of the Trump administration, a statement says.

Overview

  • On June 3, 2025, the Trump administration directed CMS to withdraw the 2022 Biden-era guidance that required hospitals to provide emergency abortions to stabilize pregnant patients under EMTALA.
  • EMTALA obligates emergency departments receiving Medicare funds to offer examination and necessary stabilizing treatment for all patients, including those experiencing pregnancy complications.
  • CMS stated it will continue enforcing EMTALA for emergency conditions that endanger the health of a pregnant woman or her unborn child despite the guidance’s rescission.
  • The original directive was issued after Roe v. Wade was overturned to clarify obligations in states with near-total bans, but faced legal challenges from Idaho, Texas and other states.
  • Investigations revealed dozens of pregnant women were denied critical care even under the Biden-era guidance, and a Supreme Court procedural ruling in the Idaho case left central questions about emergency abortions unresolved.