The Biden administration will take additional steps on Friday reasserting health guidance requiring medical facilities to provide emergency abortions to women regardless of state bans on the procedures.
Following recent court challenges to the guidance, the administration will affirm its commitment to ensuring emergency abortion access in a letter to state governors from Secretary of Health and Human Services Xavier Becerra and the Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure.
Last month, the Department of Health and Human Services issued guidance related to the Emergency Medical Treatment and Active Labor Act, or EMTALA, stating that hospitals in the federally funded Medicare program are required to provide medical care, including performing an abortion, when a person’s life or health is at stake, regardless of abortion laws in the state.
The guidance has already seen several legal challenges this week. A federal judge in Texas blocked the Biden administration from enforcing the guidance in the state, arguing it goes"well beyond EMTALA's text." In Idaho, a federal judge sided with the administration, ruling that a statute of the state's abortion law, which criminalizes providers who perform an abortion on a woman to protect her health, conflicts with the federal guidance.
"We will continue to make clear and enforce that federal law across the country, no matter where patients live, they have the right to emergency care, including abortion care if their doctor determines that's necessary," another official said. HHS is also expected to unveil additional guidance ensuring access to medication abortion, contraception, and protecting patients' privacy.Biden has commemorated Aug. 26 as Women's Equality Day in recognition of the anniversary of the day that the 19th Amendment, which gave women the right to vote, was certified.
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