The new guidance comes days after President Joe Biden signed an executive order aimed at facilitating access to pregnancy termination services following the landmark decision last month by America’s highest court to overturn Roe v . Wade, shaking up nearly 50 years of protecting women’s reproductive rights.
“Under the law, no matter where you live, women have the right to receive emergency care – including abortion care. Today, in very clear terms, we are reinforcing that we expect providers that they continue to offer these services,” HHS Secretary Xavier Becerra said in a statement.
The Emergency Medical Treatment and Active Labor Act (EMTALA) protects providers when offering legally permitted, life-saving or health-saving abortion services in emergency situations, according to new guidelines from the federal agency.
EMTALA requires Medicare hospitals to provide all patients with appropriate medical screening, examination, stabilizing treatment, and referral, if necessary, regardless of state laws or mandates that apply to specific procedures.
In a separate letter to providers, Beccera said the law protects their clinical judgment and the steps they take to provide stabilizing medical treatment to pregnant patients, regardless of state restrictions in which they practice.