[BREAKING] Biden Administration Tells Hospitals They Must Perform Abortions If Mother’s Life is At Risk

Just one day after President Joe Biden told reporters he was mulling a national public health emergency to keep abortions safe and legal, his administration has told hospitals that they “must” provide abortion services if the life of the mother is at risk. The White House says federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the Supreme Court’s decision to end a constitutional right to abortion.

The Department of Health and Human Services (HHS) cited requirements on medical facilities in the Emergency Medical Treatment and Labor Act (EMTALA), which requires medical facilities to determine whether a person seeking treatment may be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide the appropriate treatment. The agency’s guidance states: ” If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment.”

“It is critical that providers know that a physician or other qualified medical personnel’s professional and legal duty to provide stabilizing medical treatment to a patient who presents to the emergency department and is found to have an emergency medical condition preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment,” HHS Secretary Xavier Becerra wrote in a letter to health care providers.

Under President Biden's Executive Order, any patient in any state – including pregnant women and those experiencing pregnancy loss – will have access to the full rights and protections for emergency medical care afforded under the law. pic.twitter.com/prLWyCow47

— The White House (@WhiteHouse) July 10, 2022

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HHS says its guidance doesn’t reflect any new policies, but merely reminds doctors and providers of their existing obligations under federal law.