In a solid show of defiance against the current administration's rollback of abortion-related guidances, New York Attorney General Letitia James has spearheaded a coalition of 21 attorneys general in a clarion call to hospitals nationwide.
Marking three years since the Supreme Court nixed Roe v. Wade, James stated, "When a pregnant patient shows up at an emergency room in need of help, they should never be turned away." This direction comes on the heels of the Centers for Medicare and Medicaid Services (CMS) decision to rescind 2022 guidance, which itself was a response to the Roe v. Wade reversal. While the revocation may sow confusion and apprehension, James emphasizes that it does not change the longstanding statutory mandates of the Emergency Medical Treatment and Active Labor Act (EMTALA), according to the Attorney General's Office press release.
The 1986 EMTALA act, still as binding as ever, compels Medicare-participating hospitals to provide the necessary abortions to stabilize any pregnant patient with an emergency medical condition. We're not talking about corner cases here—the situations covered are potentially life-threatening and include ectopic pregnancies, severe hemorrhaging, preeclampsia, and more. Hospitals in states with tight abortion restrictions, take note: you are expected to comply when these emergencies strike.
Staying true to their legal interpretation, the attorneys general assert that the Trump administration cannot rewrite law through mere guidance rescission. The coalition is steadfast that EMTALA's protective umbrella remains unfurled across America. Acknowledging the profound risks that come with denying emergency abortion care, such as increased risk of death and permanent harm, including loss of fertility and organ failure. "It is critically important that providers be aware of this obligation, so that we avoid further tragedy and save as many lives as possible," James conveyed in the letter, as per the Attorney General's Office.
