We released guidance today to providers that ensures all patients who go to the emergency department for care have access to the full rights and protections for emergency care afforded under the law, which includes life- or health-saving abortion services.
Today, the U.S. Department of Health and Human Services announced new guidance and communication to ensure all patients — including pregnant women and others experiencing pregnancy loss — have access to the full rights and protections for emergency medical care afforded under the law.
in a letter to providers, made clear that this federal law preempts state law restricting access to abortion in emergency situations“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” said HHS Secretary Xavier Becerra. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.
“Everyone should have access to the health care they need — especially in an emergency,” said CMS Administrator Chiquita Brooks-LaSure. “Under federal law, providers in emergency situations are required to provide stabilizing care to someone with an emergency medical condition, including abortion care if necessary, regardless of the state where they live. CMS will do everything within our authority to ensure that patients get the care they need.
The EMTALA statute requires that Medicare hospitals provide all patients an appropriate medical screening, examination, stabilizing treatment, and transfer, if necessary, irrespective of any state laws or mandates that apply to specific procedures. Stabilizing treatment could include medical and/or surgical interventions, including abortion.
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