
The Donald Trump administration announced the withdrawal of federal guidance that required hospitals to provide emergency abortions to women in emergencies even in states where the procedure is banned.
The US Centers for Medicare & Medicaid Services said the 2022 guidance, which interpreted a federal law that ensures patients can receive emergency “stabilising care” as preempting state abortion bans, did not reflect the policy of the Trump administration. The agency said it “will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”
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The original directive, issued in 2022 by the Biden administration, deals with the federal Emergency Medical Treatment and Labour Act (EMTALA) and came shortly after the Supreme Court overturned Roe v. Wade. It aimed to protect access to abortion in critical medical situations, such as severe haemorrhaging or organ failure, even in states with strict abortion bans.
In its letter rescinding the guidance, the Trump administration said that the Centers for Medicare and Medicaid Services (CMS) “will continue to enforce EMTALA, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy. CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”
The move prompted concerns from some doctors and abortion rights advocates that women will not get emergency abortions in states with strict bans.