Doctors must provide abortions in medical emergencies, regardless of state law: US government

US government instructs hospitals to provide abortions in case of emergencies, irrespective of state law. Here’s everything about the Biden administration’s new move.

Biden administration says yes to abortion in case of emergency

On Monday, the Biden administration said that they must provide stabilizing care to pregnant patients and perform an abortion if the mother’s life is at risk, even when the procedure is illegal in the state where they practice.

The new guidance issued by the Department of Health and Human Services is reminding doctors and hospitals of their obligations during an emergency.

“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” wrote Xavier Becerra. Becerra is the Health and Human Services Secretary.

Additionally, Becerra stated that the administration is expecting healthcare providers to continue offering abortions to those in an emergency. Stressing that federal law preempts state bans when the procedure is for emergency care.

“Protecting both patients and providers is a top priority, particularly at this moment. Health care must be between a patient and their doctor, not a politician. We will continue to leverage all available resources at HHS to make sure women can access the life-saving care they need,” he added in the letter.

More on the new advisory

The advisory comes two weeks after the Supreme COurt’s decision of overturning Roe v. Wade. The administration is also facing pressure from advocates to protect access to reproductive care services in light of the ruling.

On Friday, President Biden announced several steps they are taking to protect those in need. This includes making available legal representation to those traveling out of state for the procedure and protecting access to medication.

Additionally, Biden instructed Becerra to submit a report in a month on ensuring emergency medical care and protecting access to abortion medication.

They also cited the requirements for health care centers under Emergency Medical Treatment and Labor Act (EMTALA). EMTALA requires facilities to determine if a person seeking treatment is in labor. Or if they are facing a situation that can lead to an emergency.

“If a physician believes that a pregnant patient presenting at an emergency department, including certain labor and delivery departments. And is experiencing an emergency medical condition as defined by EMTALA. And that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” reveals the guidance.

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