Emergency Abortion Guidelines Changed Under Trump — What It Could Mean
Mo News has received many questions in recent days about how abortion access in the U.S. could change now that the Trump administration has revoked a Biden-era emergency abortion protection.
Making headlines: On Tuesday, the Centers for Medicare and Medicaid Services (CMS) said the Biden-era guidance “does not reflect the policy of this administration.”
That guidance had interpreted the Emergency Medical Treatment and Labor Act (EMTALA) to mean that emergency rooms must provide abortions when necessary to protect a pregnant woman’s health — even in states with strict abortion bans.
While EMTALA remains on the books, how it’s enforced — particularly in cases involving abortions — could now vary significantly across hospitals and states.
HOW WE GOT HERE
The Biden guidance was issued after the Supreme Court’s 2022 decision to overturn Roe v. Wade, which had guaranteed a constitutional right to abortion in the U.S. for nearly 50 years. Whether EMTALA overrides state law came before the Court last year, but the justices did not issue a ruling and instead sent the case back to the lower courts.
EMTALA is a federal law that requires hospitals to stabilize any patient who arrives at an emergency room, regardless of their insurance status or ability to pay.
Anti-abortion advocates argued the Biden guidance overstepped federal authority and infringed on states’ rights.
NOW WHAT?
The concern about the new guidance is that doctors in states with near-total abortion bans may feel hesitant to perform emergency abortions, even when they deem it necessary to provide life-saving care. On Wednesday, CMS Administrator Mehmet Oz attempted to clarify:
Still, a 2023 KFF survey found that 61% of OB-GYNs practicing in states with abortion bans were concerned about legal risks when making decisions about emergency abortion care.
There have already been reports of tragic outcomes — including women who have died in hospitals while experiencing complications from miscarriages in states with restrictive abortion laws. Critics warn that the rollback of federal guidance could worsen those outcomes.
