The Trump administration has rescinded a Biden administration policy informing hospitals and doctors that they can provide emergency abortions to stabilize pregnant women, even in states restricting abortions.
The current administration said on Tuesday, June 3, that Biden's guidance and communications on emergency abortions "do not reflect the policy of this administration."
The Biden administration issued the guidance in 2022 after the U.S. Supreme Court's Dobbs decision, which prompted more than a dozen states to enact abortion bans or restrictions.
In 2022, Biden's health secretary Xavier Becerra issued a letter informing hospitals and doctors that a federal law protects "your clinical judgment and the action that you take to provide stabilizing medical treatment to your pregnant patients" even in states that restricted abortion access.
The federal law, called the Emergency Medical Treatment and Active Labor Act, or EMTALA, requires hospitals that take Medicare or Medicaid payments to diagnose and stabilize anyone seeking emergency medical care.
Becerra's letter spelled out that such emergency care could include abortion, removal of fallopian tubes or treatments for high blood pressure, even in states that banned abortion or scaled back access.
But the Trump administration, on June 3, said it has rescinded Becerra's letter and Biden's policy guidance on emergency abortions.
"The law has not changed," said Dr. Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services. The Trump administration will continue to enforce EMTALA, and "women will receive care for miscarriage, ectopic pregnancy, and medical emergencies in all fifty states."
The U.S. Department of Health and Human Services has yet to respond to USA TODAY's request for additional information regarding whether physicians would still be required to perform abortions under EMTALA to resolve a medical emergency and stabilize a patient, even in states where the procedure is banned.
The Trump administration's announcement on emergency medical abortions comes as the abortion drug mifepristone may also come under renewed scrutiny.
Food and Drug Administration Commissioner Martin Makary said he was “committed to conducting a review” in a letter sent to Sen. Josh Hawley, R-Missouri, which he posted on X on June 2.
An HHS spokesperson told USA TODAY that Makary's review of mifepristone "will ensure gold standard science is used while incorporating practical, common-sense considerations to its regulatory processes."
Advocates said the Trump administration's action could strip away protections for women who need emergency medical care.
"The Trump administration’s decision to withdraw EMTALA guidance guaranteeing pregnant people medical care in emergency situations will sow confusion for providers and endanger the lives and health of pregnant people," said Skye Perryman, President and CEO of Democracy Forward. "Every American deserves the right to access the necessary care in emergency scenarios, including pregnant people, without political interference."
(This story has been updated to add information and video.)
This article originally appeared on USA TODAY: Trump administration cancels Biden-era guidance protecting emergency abortions
Reporting by Ken Alltucker and Adrianna Rodriguez, USA TODAY / USA TODAY
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