On the solemn remembrance of a pivotal moment when the Supreme Court's Dobbs decision reshaped the landscape of reproductive rights, Massachusetts Governor Maura T. Healey signed an executive order reinforcing the state's commitment to ensuring access to emergency abortion care. This action coincided with the two-year anniversary of the decision that nullified Roe v. Wade, according to a statement from the Massachusetts government.
As the nation braced for the Supreme Court's imminent rulings on Idaho v. United States and Moyle v. United States, which are expected to address if emergency rooms must provide an abortion to save a pregnant woman's life or health under EMTALA, Governor Healey stood firm. "Two years ago, when the Supreme Court overturned Roe v. Wade, I pledged to the people of Massachusetts that we were going to protect and expand reproductive freedom," she told the Massachusetts government. "That’s why I’m signing an Executive Order today affirming that Massachusetts patients will continue to receive emergency abortion care at our hospitals regardless of the Supreme Court’s ruling."
The executive order underscores a Massachusetts law which mandates prompt treatment in emergencies, including abortion care, without discrimination, and extends safeguards against professional licensure consequences for providers offering reproductive health services. It reaffirms the birthrights secured by Massachusetts state law but also forges new protections, according to the government's announcement.
In alignment with the executive order, Massachusetts’ Department of Public Health (DPH) issued guidelines stressing that as a condition of licensure, hospitals must adhere to all federal and state requirements. The DPH warned that a violation of EMTALA or related state statutes on provision of emergency abortion care could lead to the revocation of a hospital's license. Furthermore, health care providers have been reminded of their professional duties to address emergencies, including those warranting abortion care. Health and Human Services Secretary Kate Walsh emphasized, "Abortions can be medically necessary, life-saving treatment – and in Massachusetts, we will always make sure patients have access to the care they need," as reported by the government news release.
Additionally, the Massachusetts Division of Insurance (DOI) laid out clear expectations for insurers regarding coverage for abortion and related services, including in emergent cases. The directives from DOI culminate a series of proactive measures Massachusetts has embraced post-Dobbs, including a Shield Law to defend those involved in obtaining an abortion from legal ramifications and substantial investments in health care providers and grassroots organizations aiding access to abortion and health care. Lieutenant Governor Kim Driscoll stated, "Now, with access to emergency abortion care on the line, we’re stepping up again to make sure there isn't any doubt that pregnant women in Massachusetts can and will receive the emergency, life-saving care that they need," as stated in the government news release.
