As the reproductive health care policy landscape evolves, ACEP will continue to monitor the Administration's actions to ensure EMTALA is upheld, and that hospitals in restricted states provide appropriate guidance and support to physicians to minimize any risks associated with compliance.
On June 3, HHS' rescinded 2022 guidance regarding EMTALA obligations for "Patients who are Pregnant or are Experiencing Pregnancy Loss". After the rescission, ACEP urged policymakers and federal officials to continue to uphold and enforce the law in a manner that protects patients and supports your clinical judgment and autonomy.
On June 13th, HHS issued a letter reaffirming the Department of Health and Human Services’ (HHS) commitment to enforcing the Emergency Medical Treatment and Labor Act (EMTALA) and clarifying that EMTALA continues to ensure pregnant women facing medical emergencies have access to stabilizing care.
The HHS letter states that: "EMTALA obligates hospitals to offer stabilizing care within their capabilities to all patients who present with an emergency medical condition, regardless of ability to pay. This statutory rule applies equally to expectant mothers facing obstetric emergencies, including ectopic pregnancies, miscarriages, premature ruptures of membranes, trophoblastic tumors, and other similar conditions. By its own terms, EMTALA applies when the health of the “pregnant woman” or “her unborn child” is "in serious jeopardy.""
It then follows with "Although EMTALA preempts any State or local law that “directly conflicts” with its requirements, providers should not misconstrue existing State laws, or rely on inaccurate media reports, as a basis for denying stabilizing care to any pregnant woman facing an emergency medical condition.
EMTALA continues to be the law of the land, and HHS commits to both expeditious review of complaints filed and appropriate and timely action if violations are found, to ensure that pregnant women facing emergency medical conditions have access to stabilizing care."
ACEP has consistently maintained an unwavering commitment to the principles and obligations defined in this longstanding federal law. For nearly 40 years, EMTALA has acted as the fundamental guarantee that anyone seeking emergency care will receive stabilizing treatment, irrespective of their insurance status, ability to pay, or other circumstances.
For more information or to join the discussion on the all-member engaged, follow this link.
Reach out to ACEP staff if you have questions or need assistance with navigating challenges you are facing on these cases within your own facility.
