On Monday, July 11, 2022, Department of Health and Human Services (HHS) Secretary Xavier Becerra sent a letter to all hospitals and health care providers reminding them of their obligation to comply with the Emergency Medical Treatment and Labor Act (EMTALA). As discussed in Dentons recent E-Alert and article, EMTALA requires hospitals to provide a medical screening examination and stabilizing treatment to individuals presenting with an emergency medical condition. The HHS letter clarifies that EMTALA requirements preempt any state laws that purport to restrict access to abortion procedures and other treatments that may result in the termination of a pregnancy even in the face of pregnancy-related emergencies.

Concurrently, the Centers for Medicare & Medicaid Services (CMS) released an updated guidance memorandum reinforcing EMTALA requirements in hospitals. As previously noted, CMS had originally released an EMTALA memorandum after the restrictive Texas abortion law was passed. The updated memorandum reinforces that EMTALA’s requirements apply to all hospitals in all states, regardless of state law to the contrary.

Also notable, on Friday, July 8, 2022, President Biden signed an Executive Order that refers to emergency services:

Section 3 (a)(iii) identifying steps to ensure that all patients — including pregnant women and those experiencing pregnancy loss, such as miscarriages and ectopic pregnancies — receive the full protections for emergency medical care afforded under the law, including by considering updates to current guidance on obligations specific to emergency conditions and stabilizing care under the Emergency Medical Treatment and Labor Act, 42 U.S.C. 1395dd, and providing data from the Department of Health and Human Services concerning implementation of these efforts.