### Trump Administration Rescinds Biden-Era Guidance on Emergency Abortion Care

The Trump administration has announced the rescission of a Biden-era directive mandating hospitals to stabilize patients in need of emergency care, including through abortion procedures, as per the Emergency Medical Treatment and Labor Act (EMTALA). This guidance, issued by the Department of Health and Human Services (HHS) in July 2022, required doctors to perform abortions in emergency departments if the procedure was necessary to stabilize a patient, irrespective of state laws against abortion.

EMTALA, established in 1986, mandates that patients needing emergency services receive appropriate care regardless of their ability to pay. It included specific emergency medical conditions such as ectopic pregnancies, pregnancy loss complications, and severe hypertensive disorders like preeclampsia, which sometimes necessitate abortion as a stabilizing treatment. Hospitals risk civil monetary penalties if they do not provide the necessary stabilizing care or appropriate patient transfers.

The Biden administration's guidance aimed at maintaining abortion access following the Supreme Court's decision to overturn Roe v. Wade, thereby dismantling federal protections for abortion rights. However, this guidance, along with a letter from former HHS Secretary Xavier Becerra, has now been withdrawn by HHS and the Centers for Medicare and Medicaid Services (CMS). The current administration has stated these documents "do not reflect the policy of this Administration."

A press release from CMS assured that the agency would continue enforcing EMTALA to protect individuals seeking emergency care, including pregnant women facing serious health risks. CMS also noted its intention to address any legal confusion and instability resulting from the previous administration's actions.

This decision has been met with criticism from abortion rights groups, including the American Civil Liberties Union (ACLU). Alexa Kolbi-Molinas, deputy director of the ACLU’s Reproductive Freedom Project, condemned the administration's action, alleging that it betrays a campaign promise and aligns with anti-abortion allies to the detriment of women's lives. She emphasized that the ACLU would vigorously oppose any measures that endanger women's health.

The guidance had previously been embroiled in legal disputes. In January 2024, a federal appeals court ruled that Texas hospitals and doctors were not obligated to perform emergency abortions, despite the Biden-era directive. In a related development, the Department of Justice recently dismissed its lawsuit against Idaho's near-total abortion ban, which it claimed violated EMTALA.