The Trump administration announced on Tuesday that it is rolling back Biden-era guidance that leveraged a federal law to mandate hospitals provide emergency care — including abortion services — when necessary to stabilize patients.
Background on Biden-Era Guidance
The Biden administration’s 2022 guidance required hospitals to provide emergency abortions under the Emergency Medical Treatment and Labor Act (EMTALA). It aimed to ensure hospitals stabilize patients in need of care, including cases involving ectopic pregnancy, pregnancy loss, or severe preeclampsia.
Trump Administration’s Reversal
The Trump administration announced on Tuesday it is rescinding this guidance. HHS and CMS stated that the directive and an accompanying letter “do not reflect the policy of this Administration.”
CMS Pledges Continued EMTALA Enforcement
“CMS will continue to enforce EMTALA, which protects all individuals who present to a hospital emergency department seeking examination or treatment,” the agency said, adding it will work to “rectify any perceived legal confusion and instability” created by the prior administration’s actions.
Abortion Rights Advocates React
Alexa Kolbi-Molinas of the ACLU’s Reproductive Freedom Project criticized the move: “By rescinding this guidance, the Trump administration has sent a clear signal that it is siding not with the majority, but with its anti-abortion allies — and that will come at the expense of women’s lives.”
Legal Challenges to the Guidance
The Biden-era policy had faced legal challenges. A federal appeals court ruled in January 2024 that Texas hospitals and doctors are not required to perform emergency abortions. Earlier this year, the Department of Justice also dismissed a lawsuit against Idaho over its near-total abortion ban.
For more on abortion rights under the Trump administration, stay tuned to Que Onda Magazine.