Top health officials on Friday will tell state governors that women who require an abortion in medical emergencies cannot be denied care, no matter what the state’s law says about terminating a pregnancy, senior administration officials said.
Health and Human Services Secretary Xavier Becerra and Centers for Medicaid and Medicare Services Administrator Chiquita Brooks-LaSure will send a letter to governors to reinforce the administration’s interpretation of a federal statute that they say should protect doctors’ ability to treat pregnant women in emergency situations.
The issue centers around the Emergency Medical Treatment and Labor Act (EMTALA).
The letter comes after a federal judge in Texas ruled this week against the Biden administration’s guidance around EMTALA, which would require Texas hospitals to provide abortion services if the health or life of the mother is at risk.
On the opposite hand, a separate judge said that Idaho’s ban on abortion could not be enforced in medical emergencies, citing EMTALA.
The letter, senior administration officials said, will lay out for governors the consequences of violating the emergency care statute, which could result in a medical provider losing its Medicare agreement and being fined.
A now viral video posted on Twitter shows a South Carolina lawmaker who supported restrictions on abortion get emotional when he described the fate of a 19-year-old pregnant woman whose water broke early, the fetus becoming unviable.
But because it had a heartbeat, a doctor said, lawyers said the girl could not have the fetus removed, and they sent her home.
The result: The girl has to deliver the fetus. She has a 50% chance of losing her uterus and a 10% chance of developing sepsis and dying, said Rep. Neal Collins at a State House committee meeting.
“That weighs on me,” he said. “I voted for that bill. These are affecting people.”
HHS on Friday will also release a report called for in an executive order last month, which is supposed to outline the agency’s efforts to expand medication abortion, protect access to contraception and launch other outreach efforts.
The report will include, for example, guidance for pharmacies and more information on HHS’ upcoming efforts to protect women’s health data privacy in the context of abortion bans.
The White House will also hold a “day of action” Friday, hosting local and state leaders to discuss reproductive rights. Attendees will include Durham, North Carolina, Mayor Elaine O’Neal, Shawyn Patterson Howard of Mount Vernon, New York and County Judge Lina Hidalgo of Texas.
