Trump administration rescinds Biden-era guidance requiring hospitals to perform emergency abortions

The Trump administration made headlines on Tuesday by announcing the rescinding of Biden-era guidance that required hospitals to provide emergency care, including abortions, under the Emergency Medical Treatment and Labor Act (EMTALA). This move comes after the Department of Health and Human Services (HHS) issued guidance in July 2022 mandating that doctors perform abortions in emergency departments, even in states where the procedure is illegal, if it serves as a “stabilizing medical treatment” for certain emergency conditions such as ectopic pregnancy or preeclampsia.

EMTALA, passed in 1986, ensures that emergency patients receive necessary services regardless of their ability to pay. Hospitals that fail to provide “necessary stabilizing care” can face penalties. The Biden administration’s guidance was a response to the Supreme Court’s decision to overturn Roe v. Wade, which led to the loss of federal protections for abortion rights.

However, HHS and the Centers for Medicare and Medicaid Services (CMS) have now rescinded the guidance, stating that it does not reflect the current administration’s policy. CMS will continue to enforce EMTALA, protecting all individuals seeking emergency care, including pregnant women with serious medical conditions.

In a statement posted on X, CMS Administrator Dr. Mehmet Oz reaffirmed that women will receive care for miscarriage, ectopic pregnancy, and other medical emergencies in all states. Abortion rights groups, such as the ACLU, criticized the administration for rolling back on abortion access and endangering women’s lives.

Despite the rescinding of the guidance, hospitals are still legally obligated to provide life-saving care under EMTALA. Legal challenges have arisen in the past, with a federal appeals court ruling in 2024 that Texas hospitals are not required to perform emergency abortions. The Department of Justice also dismissed a lawsuit against Idaho’s abortion ban, citing EMTALA violations.

Overall, the Trump administration’s decision to rescind the Biden-era guidance has sparked controversy and legal debates surrounding abortion access and emergency care. The future implications of this move remain uncertain as stakeholders continue to advocate for women’s health and reproductive rights.