Massachusetts Attorney General Andrea Joy Campbell has joined 22 other attorneys general in sending a letter to the American Hospital Association, urging hospitals to comply with federal requirements for providing emergency abortion care. The letter emphasizes that federal law takes precedence over conflicting state regulations and reminds hospitals of their legal obligations under the Emergency Medical Treatment and Labor Act (EMTALA).
The call for adherence comes in response to the Trump Administration's move to retract previous guidance regarding the Emergency Medical Treatment and Active Labor Act (EMTALA). This federal law, standing strong since 1986, requires Medicare-participating hospitals to provide emergency services, including abortion care if it's what's needed to stabilize a patient in crisis. The group of attorneys general is adamant that revoking this guidance does not, by any means, alleviate hospitals of their responsibility to offer these critical services. Despite any state-level abortion bans, these hospitals must continue to provide emergency abortion care, aiming to preserve a life endangered by pregnancy.
Back in June, the Trump Administration's Centers for Medicare and Medicaid Services decided to pull back a 2022 guidance that reiterated EMTALA's demands following the controversial Supreme Court's Dobbs v. Jackson Women’s Health decision. A coalition of attorneys general have been quick to act, affirming that no matter the political winds, the necessity for these services upholds those crucial life-saving obligations.
This joint letter emphasizes the harrowing realities that can result from the denial of emergency abortion care — increased risks of death, potential for hysterectomy, fertility loss, kidney failure, brain injury, and limb amputation. It is no small matter, they argue, and to suddenly revoke established protocol in intense medical situations is to willingly blind oneself to the possible irreversible damage it may inflict on pregnant patients. In their united front, these attorneys general, including AG Campbell, assertively remind hospitals of their duty to act in accordance with federal law especially when a life hangs in the balance.
The coalition championing this cause spans across the United States, leveraging the legal weight of attorneys general from states like Arizona, California, Colorado, all the way to Washington, and the District of Columbia. Collectively, they are determined to ensure that no hospital subject to EMTALA turns its back on federal law, or the pregnant patients whose lives might depend on it. For more details on the specifics of the letter and the ongoing legal conversation surrounding EMTALA, visit the Massachusetts Government website.
