Trump Revokes Emergency Abortion Policy

The Trump administration announced on Tuesday that it would revoke guidance to the nation's hospitals that directed them to provide emergency abortions to women when they are necessary to stabilize their medical condition. That guidance was issued to hospitals in 2022, weeks after the Supreme Court upended national abortion rights in the US, per the AP. It was an effort by the Biden administration to preserve abortion access for extreme cases in which women were experiencing medical emergencies and needed an abortion to prevent organ loss or severe hemorrhaging, among other serious complications.

An AP investigation last year found that, even with that guidance, dozens of pregnant women were being turned away from emergency rooms, including some who needed emergency abortions. Biden argued that hospitals—including in states with near-total bans—needed to provide emergency abortions under the Emergency Medical Treatment and Active Labor Act. That law requires emergency rooms that receive Medicare dollars to provide an exam and stabilizing treatment for all patients. Nearly all emergency rooms in the US rely on Medicare funds.

The Centers for Medicare and Medicaid Services, which investigates hospitals that are not in compliance, said Tuesday it was rescinding the Biden-era guidance. The agency, however, will continue to enforce the law, "including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy." But CMS added that it would also "rectify any perceived legal confusion and instability created by the former administration's actions."

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The Biden administration sued Idaho over its abortion law that initially only allowed abortions to save the life of the mother. The federal government had argued before the Supreme Court last year that Idaho's law was in conflict with the federal law, which requires stabilizing treatment that prevents a patient's condition from worsening. The Supreme Court issued a procedural ruling in the case last year that left key questions unanswered about whether doctors in abortion ban states can terminate pregnancies when a woman is at risk of serious infection, organ loss, or hemorrhage.