A decades-old law designed to keep hospitals from turning away uninsured patients is becoming a focal point in the post-Roe abortion debate. What's happening: The Biden administration on Monday issued new guidance stating that health providers who perform abortions in emergency situations are protected under federal law regardless of what bans are in place in their states, Axios' Oriana Gonzalez reports. Why it matters: Treating a pregnancy-related medical emergency, or transferring a patient to another facility, could run afoul of state laws that ban or severely limit abortion and make the providers subject to prosecution. Some of the laws allow exceptions for medical emergencies. But providers have faced questions determining what qualifies as an emergency — and how state laws intersect with the federal Emergency Medical Treatment and Labor Act (EMTALA). What they're saying: "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," Health and Human Services Secretary Xavier Becerra said in a statement. Go deeper: Hospitals routinely see patients with life-threatening conditions such as ectopic pregnancies and preeclampsia that require a rapid response. - Many existing and anticipated state bans make abortion illegal, even in situations that would constitute an emergency under EMTALA, said Mary Ellen Palowitch, a senior managing director at Dentons.
- Concerns about how state laws could put providers in a legal bind intensified after a Texas woman who went to a hospital in April was arrested and charged with murder for an alleged "self-induced abortion." The charge was later dropped.
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