Today, the US Department of Health and Human Services (HHS) announced new guidance and communication to ensure that all patients – including pregnant women and others experiencing pregnancy loss – have access to full care rights and protections emergency medical care provided by law. The announcement follows President Biden’s reproductive health executive order issued Friday.
HHS, through the Centers for Medicare & Medicaid Services (CMS), issued clarifying guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA) and reaffirmed that it protects providers when providing legally mandated, life-saving or health in emergency situations. In addition to the guidance, Secretary Xavier Becerra, in a letter to providers, made clear that this federal law preempts state law that limits access to emergency abortions.
“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” said HHS Secretary Xavier Becerra. “Today, in uncertain circumstances, we are reinforcing that we expect providers to continue to provide these services and that federal law preempts state abortion bans when needed for emergency care. Protecting patients and providers is a top priority, especially in this moment. Health care should be between a patient and their doctor, not a politician. We will continue to use all the resources available at HHS to ensure that women can access the life-saving care that they need.”
“Everyone should have access to the health care they need — especially in an emergency,” said CMS Administrator Chiquita Brooks-LaSure. “Under federal law, emergency providers are required to provide stabilizing care to someone with an emergency medical condition, including abortion care if needed, regardless of the state in which they live. CMS will do everything within our authority to ensure patients get the care they need.”
The EMTALA statute requires Medicare hospitals to provide all patients with a medical examination, examination, stabilization treatment, and transfer, if necessary, regardless of any state law or mandate that applies to specific procedures. Stabilizing treatment may involve medical and/or surgical intervention, including abortion. If a state law prohibits abortion and does not include an exception for the health or life of the pregnant person—or makes the exception narrower than EMTALA’s definition of medical emergency—that state law is preempted.
Read the Secretary’s letter to health care providers.
Read the guidance issued by EMTALA.
After the decision of the Supreme Court in Dobbs v. Jackson Women’s Health OrganizationSecretary Becerra announced HHS’s action plan to protect access to reproductive health care, including abortion care, which includes five priorities:
- increasing access to abortion medication;
- protecting patients and providers from discrimination and ensuring privacy for patients and providers;
- protecting emergency abortion care;
- providing training providers and resources for family planning; AND
- strengthening family planning care, including emergency contraception.
Since announcing the plan, HHS has taken the following actions:
- Launched the public awareness website ReproductiveRights.gov, which includes a fact sheet on patient rights;
- Convened a meeting with health insurers and sent them a letter, calling on the industry to commit to meeting their obligations to provide coverage for cost-free contraceptive services, as required by the Affordable Care Act;
- Guidance issued to patients and providers that addresses the extent to which federal law and regulations protect individuals’ private medical information when it comes to seeking abortion and other forms of reproductive health care, and when it comes to the use of information applications health on smartphones;
- Announced nearly $3 million in new funding to strengthen training and technical assistance for the statewide network of Title X family planning providers; AND
- Met with Michigan Governor Gretchen Whitmer, Oregon Governor Kate Brown and Maine Governor Janet Mills and state attorneys general to discuss state-specific concerns.
HHS will take additional actions in the coming days.
HHS is committed to providing accurate and up-to-date information about access to and coverage of reproductive health care and resources. The Department’s goal is to ensure that patients and providers have the right information and support.
Visit ReproductiveRights.gov to learn more about the care available to patients and their right to that care.
