HHS: US hospitals must provide abortion care in emergency cases

Editor's Note

The US Department of Health and Human Services (HHS) announced new guidance on July 11 to ascertain that “abortion is covered under the federal law requiring Medicare hospitals to provide all patients appropriate emergency care—including abortion care—regardless of state law,” Becker’s Hospital Review July 12 reports.

The HHS release follows President Joe Biden's July 8 executive order on reproductive health. The executive order came in response to the June 24 Supreme Court ruling that overturned Roe v. Wade and includes the following assurances to:

*safeguard access to reproductive health care services, including abortion and contraception;

*protect the privacy of patients and their access to accurate information;

*promote the safety and security of patients, providers, and clinics; and

*coordinate the implementation of Federal efforts to protect reproductive rights.

The HHS announcement is under the Emergency Medical Treatment and Labor Act (EMTALA) that requires that “Medicare hospitals provide all patients an appropriate emergency care…irrespective of any state laws or mandates that apply to specific procedures,” Becker’s noted. Non-compliant hospitals may be subject to termination of their Medicare provider agreement and/or fined.

A letter to healthcare providers from HHS Secretary Xavier Becerra clarifying EMTALA's coverage of abortion can be found here.