Authorities probe Missouri hospital for denial of abortion in test of Biden policy

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Authorities probe Missouri hospital for denial of abortion in test of Biden policy
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Feds probe Missouri hospital for denial of abortion in test of President JoeBiden's policy

The Missouri investigation is the first confirmed investigation over a denied abortion under new guidance from the Biden administration that such procedures must be provided in emergencies under federal law. It is likely to serve as the Biden administration's test case for how the policy can be used to go after hospitals and providers that deny individuals emergency abortions regardless of state abortion bans, as it could run into a legal challenge from the Republican-led state.

Abortions are prohibited in Missouri, except in cases of life endangerment or when the patient's health is severely compromised, under a state law that went into effect in June. The law leaves the burden on providers to prove that any abortions conducted qualify for the exceptions. "Where a state purports to prohibit providers from offering the emergency care that EMTALA requires, HHS will not hesitate to refer the matter to the Department of Justice to take appropriate legal action," Secretary of Health and Human Services Xavier Becerra and the Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure wrote in a letter to state governors.

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