The Biden administration told hospitals they “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions.
Abortion-rights demonstrators shout slogans after tying green flags to the fence of the White House during a protest to pressure the Biden administration to act and protect abortion rights, in Washington, Saturday, July 9, 2022.
“If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” the agency's guidance states.
The department said emergency conditions include “ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features.”with the most stringent bans on abortion do allow exceptions when the health of a mother is at risk, though the threat of prosecution has created confusion for some doctors.
“Under federal law, providers in emergency situations are required to provide stabilizing care to someone with an emergency medical condition, including abortion care if necessary, regardless of the state where they live,” said Centers for Medicare & Medicaid Services Administrator Chiquita Brooks-LaSure. "CMS will do everything within our authority to ensure that patients get the care they need.
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