Treating pregnant women’s 'emergency medical conditions' never requires ER doctors to perform illegal abortions.
BY: MARGOT CLEVELAND
The Biden administration is dishonestly trying to reinject federal courts into state abortion policy following Roe’s downfall.
Treating pregnant women’s “emergency medical conditions” never requires ER doctors to perform illegal abortions. The Biden administration’s claims to the contrary represent a dishonest attempt to reinject federal courts into state abortion policy following the Supreme Court’s reversal of Roe v. Wade and Planned Parenthood v. Casey.
Less than a week after pro-life medical associations sued the Biden administration in a federal court in Texas over its attempt to use the Emergency Medical Treatment and Labor Act (EMTALA) to force emergency room doctors to perform abortions in violation of state law, Biden’s Department of Justice filed suit against Idaho claiming that state’s abortion ban violates the EMTALA.
The EMTALA, which Congress passed in 1986, bans “patient dumping,” wherein hospital emergency rooms turn patients away because of an inability to pay. Under the EMTALA, hospitals that receive Medicare funding and operate emergency rooms must “provide a medical screening examination” “regardless of an individual’s ability to pay.” The law then requires hospitals “to provide stabilizing treatment for patients” with an “emergency medical condition.”
In mid-July, Department of Health and Human Services Secretary Xavier Becerra issued a statement announcing that the Centers for Medicare and Medicaid Services (CMS) had issued a new memorandum to Medicare service providers purporting to explain the mandates of EMTALA “in light of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.”