Physicians must provide abortions in medical emergencies, regardless of state law, HHS says

Physicians must provide abortions in medical emergencies under federal law and will face penalties if they decline to offer the procedure in these cases, Health and Human Services Secretary Xavier Becerra wrote in a letter to health-care providers on Monday.

Becerra said federal law pre-empts state abortion bans in cases where women face medical emergencies associated with pregnancy under the Emergency Medical Treatment and Active Labor Act. If an abortion is necessary to treat a woman facing a medical emergency, physicians must offer the procedure, the health secretary wrote.

Hospitals that decline to provide abortions in these cases could have their Medicare provider agreement terminated or face financial penalties, the health secretary said. Individual physicians could also be cut from Medicare and state health programs if they refuse to offer abortions in medical emergencies, he added.