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Trump Administration Rescinds Biden-Era EMTALA Emergency Abortion Guidance

The Medicare and Medicaid Services says federal law still requires emergency stabilizing care even in states that outlaw abortion.

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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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Overview

  • The 2022 guidance had directed hospitals to perform abortions when needed to stabilize pregnant patients under the Emergency Medical Treatment and Labor Act, interpreting federal law as overriding state bans.
  • CMS confirmed it will continue enforcing EMTALA’s requirement for stabilizing treatment in life-threatening or organ-threatening pregnancy complications despite withdrawing the directive.
  • Reproductive rights advocates warn that the rollback risks creating confusion in hospitals and could delay or deny critical care for pregnant patients in restrictive states.
  • Anti-abortion groups praised the decision as a corrective to what they viewed as a bid to expand abortion access through emergency-care regulations.
  • The underlying legal dispute over Idaho’s near-total abortion ban remains unsettled after the Supreme Court declined to resolve whether EMTALA preempts state prohibitions in medical emergencies.