’s restrictive abortion law, the Biden administration said doctors must conform to its interpretation of a federal law mandating emergencyto hospitals and healthcare providers saying its understanding of the federal government’s Emergency Medical Treatment and Labor Act overrides state laws such as Idaho. The letter comes after the Supreme Court shifted the DOJ’s lawsuit to Idaho’s 9th Circuit.
“Federal EMTALA requirements have not changed: EMTALA requires that hospitals offer stabilizing treatment, including abortion care when necessary to stabilize the patient’s emergency medical condition,” Health and Human Services Secretary Xavier Becerra and Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure wrote.
Idaho Gov. Brad Little enters the house chambers to give his State of the State address in Boise, Idaho. . In August of 2022, the DOJ sued Idaho over its Defense of Life Act, saying it violated EMTALA emergency protections which consider abortions to be “stabilizing” emergency care. As it stands, Idaho’s abortion law provides exceptions for abortions to be performed in cases of rape, incest, and to protect the life of the mother.
The DOJ states that in accordance with EMTALA, states must provide exceptions for abortions to be performed, not just when the mother’s life is in question, but also when a pregnancy could hurt her health. , HHS issued a directive to doctors and healthcare providers saying that EMTALA usurps states such as Idaho that have a narrower definition of the abortion exception for the life of the mother.
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