UPDATE: On Tuesday, a Trump-appointed judge ruled against the Biden administration’s guidance provided on EMTALA. The ruling called the Biden administration effort to ensure access to abortions in medical emergencies “unauthorized.”
accounts of women suffering poor care in the context of an abortion or miscarriage are now circulating, with more stories expected to surface in the coming days, months and years.
Emergency Medical Treatment and Labor Act . This law, passed by the Reagan administration, states that any hospital that received Medicare funds must screen and stabilize patients for emergency medical conditions regardless of whether or not a patient could pay.
In keeping with the hard line taken by Texas on abortion, Attorney General Ken Paxton filed a suit challenging this EMTALA guidance. The suit argues that the “practice of medicine or the manner in which medical services are provided” cannot be dictated by the federal government. The suit also argues that EMTALA does not preempt state or local law.
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