After President Biden issued an Executive Order protecting access to reproductive healthcare on Friday, the U.S. Department of Health and Human Services announced guidance to clarify that emergency medical care includes abortion services.
Executive Order Biden Issued Will Save Women’s Lives
After ProPublica reported on Amber Nicole Thurman, the 26-year-old mother—who died in a Georgia hospital after providers delayed treatment of sepsis until her organs were failing—there was a call for something to be done to protect the lives of women in states with abortion bans.
ProPublica also reported on the death of a second woman in Georgia after she died lying in bed with her child. She was experiencing complications early in pregnancy and was afraid she would be accused of trying to abort her baby if she sought care. The Executive Order Biden issued will prevent this from happening to other women.
Women (and men) all over the country were outraged.
Black women are more than twice as likely to experience a pregnancy-related death compared to the country’s average with 50 deaths for every 100,000 live births.
Why does the United States have such a terrible track record in the outcome for pregnant women? Experts have contributed it to the poor access to healthcare.
Republican governors reject federal funding to expand access to healthcare in their states. Red states also have the highest rates of residents who are uninsured and in poverty compared to other states. See the letter to Republican voters where we point out those facts among others about their leaders.
Here is the guidance the HHS issued following the emergency medical care Executive Order Biden issued to protect the lives of women in states with abortion bans.
Biden Executive Order
From the HHS website:
Today, the U.S. Department of Health and Human Services (HHS) announced new guidance and communication to ensure all patients — including pregnant women and others experiencing pregnancy loss — have access to the full rights and protections for emergency medical care afforded under the law. This announcement follows the executive order issuued by President Biden on reproductive health Friday.
HHS, through the Centers for Medicare & Medicaid Services (CMS), issued clarifying guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA) and reaffirmed that it protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations. In addition to the guidance, Secretary Xavier Becerra, in a letter to providers, made clear that this federal law preempts state law restricting access to abortion in emergency situations.
“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” said HHS Secretary Xavier Becerra. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care. Protecting both patients and providers is a top priority, particularly in 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.”
“Everyone should have access to the health care they need — especially in an emergency,” said CMS Administrator Chiquita Brooks-LaSure. “Under federal law, providers in emergency situations are required to provide stabilizing care to someone with an emergency medical condition, including abortion care if necessary, regardless of the state where they live. CMS will do everything within our authority to ensure that patients get the care they need.”
The EMTALA statute requires that Medicare hospitals provide all patients an appropriate medical screening, examination, stabilizing treatment, and transfer, if necessary, irrespective of any state laws or mandates that apply to specific procedures. Stabilizing treatment could include medical and/or surgical interventions, including abortion. If a state law prohibits abortion and does not include an exception for the health or life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.
Read the EMTALA guidance issued.
Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, Secretary Becerra announced HHS’s action plan to protect access to reproductive health care, including abortion care, which includes five priorities:
1. Protecting patients and providers from discrimination, and ensuring privacy for patients and providers;
2. Increasing access to medication abortion;
3. Protecting emergency abortion care;
4. Ensuring providers have family planning training and resources; and
5. Strengthening family planning care, including emergency contraception.
Since the plan was announced, HHS has taken the following actions:
Launched the ReproductiveRights.gov public awareness website, which includes a know-your-rights patient fact sheet;
Convened a meeting with health insurers, and sent them a letter, calling on the industry to commit to meeting their obligations to provide coverage for contraceptive services at no cost as required by the Affordable Care Act;
Issued guidance to patients and providers that addresses the extent to which federal law and regulations protect individuals’ private medical information when it comes to seeking abortion and other forms of reproductive health care, as well as when it comes to using health information apps on smartphones;
Announced nearly $3 million in new funding to bolster training and technical assistance for the nationwide network of Title X family planning providers; and
Met with Michigan Governor Gretchen Whitmer, Oregon Governor Kate Brown, and Maine Governor Janet Mills and state attorneys general to discuss state-specific concerns.
HHS will take additional actions in the coming days.
HHS is committed to providing accurate and up-to-date information about access to and coverage of reproductive health care and resources. The Department’s goal is to make sure patients and providers have appropriate information and support.
Visit ReproductiveRights.gov to learn more about the care available to patients, and their right to that care.
Do you have an experience with maternal healthcare in the U.S.? Share it with us.
What do you think about the executive order Biden issued on Friday? Discuss in the comments below.
