Overview

• This week, the Centers for Medicare and Medicaid rescinded Biden-era guidelines that had interpreted EMTALA to require abortion access in certain medical emergencies regardless of state bans.
• The rescission statement from CMS underscores hospitals’ duties to protect both pregnant women and unborn children without clarifying how to resolve potential conflicts.
• Legal advocates say the guidance withdrawal will exacerbate confusion over EMTALA obligations and risk women’s access to emergency care.
• A deficiency letter released Thursday by CMS found that a Texas hospital failed to properly screen and treat a patient with an ectopic pregnancy after two denials of care.
• Providers now navigate conflicting state abortion restrictions and federal EMTALA requirements as uncertainty persists over the administration’s enforcement priorities.