Trump administration revokes guidance requiring hospitals to provide emergency abortions

WASHINGTON (AP) — The Trump administration announced on Tuesday that it would revoke guidance to the nation’s hospitals that directed them to provide emergency abortions for women when they are necessary to stabilize their medical condition.

That guidance was issued to hospitals in 2022, weeks after the U.S. Supreme Court upended national abortion rights in the U.S. 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.

The Biden administration had argued that hospitals — including ones 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 U.S. rely on Medicare funds.

The Trump administration announced on Tuesday that it would no longer enforce that policy.

The move prompted concerns from some doctors and abortion rights advocates that women will not get emergency abortions in states with strict bans.

“The Trump Administration would rather women die in emergency rooms than receive life-saving abortions,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a statement. “In pulling back guidance, this administration is feeding the fear and confusion that already exists at hospitals in every state where abortion is banned. Hospitals need more guidance, not less, to stop them from turning away patients experiencing pregnancy crises.”

Anti-abortion advocates, meanwhile, praised the announcement. Marjorie Dannenfelser, president of SBA Pro-Life America, said in a statement that the Biden-era policy had been a way to expand abortion access in states where it was banned.

“Democrats have created confusion on this fact to justify their extremely unpopular agenda for all-trimester abortion,” she said. “In situations where every minute counts, their lies lead to delayed care and put women in needless, unacceptable danger.”

An Associated Press investigation last year found that, even with the Biden administration’s guidance, dozens of pregnant women were being turned away from emergency rooms, including some who needed emergency abortions.

The Centers for Medicare and Medicaid Services, which provides oversight of hospitals, said in a statement that it will continue to enforce the federal law that, “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.”

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 U.S. 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 U.S. 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.