Biden Administration Says Physicians Must Provide Abortions in Medical Emergencies

Physicians are required under federal law to provide abortions in the case of medical emergencies, according to the Department of Health and Human Services.

The action, titled the Emergency Medical Treatment and Active Labor Act (EMTALA), will penalize hospitals that decline to provide abortions by terminating their Medicare provider agreement or charging them with fines. EMTALA ensures that all Americans, regardless of their social status, have access to emergency medical services. Health and Human Services Secretary Xavier Becerra on Monday wrote in a letter to healthcare providers that the federal law "preempts state abortion bans when needed for emergency care."

Since the Supreme Court overturned Roe v Wade a few weeks ago, at least a dozen states have moved forward with their own abortion restrictions — some of which already allow exceptions for medical emergencies. Last week, President Joe Biden responded to pressure from the Democratic Party and signed an executive order that will strengthen medical privacy laws and expand access to contraception.

Coverage across the spectrum noted that the "vague" guidelines have left physicians confused about what constitutes an emergency abortion under a state ban.