The Trump administration cancels the advice of the Biden era obliging hospitals to carry out emergency abortions
Trump administration announced Tuesday that it cancels Directives of the Biden era which use a federal law to demand that hospitals stabilize patients with emergency care – including by providing an abortion.
In July 2022, the Ministry of Health and Social Services (HHS) Orientation issued that, under the law on emergency medical treatment and work (EMTALA), doctors must carry out abortions in emergency services – even in states where the procedure is illegal – in particular if it serves as “stabilizing medical treatment” for an emergency medical condition.
The emergency medical conditions included, but without limiting itself, “extra-uterine pregnancy, complications of loss of pregnancy or emerging hypertensive disorders, such as preeclampsia with serious characteristics.”
Emtala, which was adopted in 1986, guarantees that emergency patients receive services and treatments, regardless of the ability to pay. Hospitals that refuse to provide “necessary stabilizing care” or “appropriate transfer” can face civilian monetary sanctions.
HHS guidelines were one of the Biden administration attempts to preserve access to abortion after the United States Supreme Court canceled Roe v. Wade, ending federal protections for abortion rights.
In this June 24, 2024, activists in the photo of files, activists of abortion rights protest before the United States Supreme Court in Washington, DC
Aashish Kiphayet / Middle East Images via AFP via Getty Images, file
However, HHS and the Centers for Medicare and Medicaid Services (CMS) canceled the advice, as well as a Accompanying letter from the former secretary of the HHS Xavier Becerra, To say that they “do not reflect the policy of this administration”.
“CMS will continue to apply Emtala, who protects all those who present themselves to an emergency service at the hospital to request an examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her child to be born in serious danger,” said a press release from the agency.
“CMS will endeavor to rectify any confusion and legal instability perceived by the actions of the former administration,” continued the press release.
Rights of abortion rights, such as the American Civil Liberties Union, criticized the administration and accused President Donald Trump of entering a campaign promise not to interfere with access to abortion.
“By canceling these guidelines, the Trump administration has sent a clear signal that it is not seen with the majority, but with its anti-abortion allies-and which will be at the expense of women’s lives,” said Alexa Kolbi-Molinas, deputy director of the Freeding Project of the ACLU. statement. “Aclu will use each lever we have to prevent President Trump and his administration from endangering our health and our life.”
Directives of the Biden administration have faced legal challenges in the past. In January 2024, a Federal Court of Appeal ruled that Texas hospitals and doctors are not required to carry out emergency abortions despite the directives.
Meanwhile, earlier this year, the Ministry of Justice rejected a legal action brought by the Biden administration against the state of Idaho, saying that its almost total abortion ban had violated Emtala.
