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Imagine using the term “emergency abortion.”
The Biden administration told emergency room doctors they must perform emergency abortions when necessary to save a pregnant woman’s health, following last week’s Supreme Court ruling that failed to settle a legal dispute over whether state abortion bans override a federal law requiring hospitals to provide stabilizing treatment.
In a letter being sent Tuesday to doctor and hospital associations, Health and Human Services Secretary Xavier Becerra and Centers for Medicare and Medicaid Services Director Chiquita Brooks-LaSure reminded hospitals of their legal duty to offer stabilizing treatment, which could include abortions. A copy of the letter was obtained by The Associated Press.
“No pregnant woman or her family should have to even begin to worry that she could be denied the treatment she needs to stabilize her emergency medical condition in the emergency room,” the letter said.
It continued, “And yet, we have heard story after story describing the experiences of pregnant women presenting to hospital emergency departments with emergency medical conditions and being turned away because medical providers were uncertain about what treatment they were permitted to provide.”
CMS will also resume investigations into complaints against emergency rooms in Idaho, after the Supreme Court ruled last week that hospitals there must be allowed to perform emergency abortions for now, despite the state’s abortion ban.
But enforcement in Texas, the country’s most populous state with a strict six-week abortion ban, will still be on hold because of a lower court ruling.
The letter is the Biden administration’s latest attempt to raise awareness about a 40-year-old federal law that requires almost all emergency rooms — any that receive Medicare dollars — to provide stabilizing treatment for patients in a medical emergency. When hospitals turn away patients or refuse to provide that care, they are subject to federal investigations, hefty fines and loss of Medicare funding.
The emergency room is the last place that the White House has argued it can federally require rare emergency abortions to be performed, despite strict state abortion bans. After Roe v. Wade was overturned in 2022, and U.S. women lost the constitutional right to an abortion, HHS quickly sent letters to doctors, saying that they were required to provide abortions in emergency medical situations when they were needed to keep a woman medically stable.
So this is… this is what they did to give all the immigrants free health care. If you go to the emergency room, they’re legally required to do whatever, as per the above mentioned 40-year-old federal law.
You go into an American emergency room now, and it’s some guy bleeding out from a car crash next to some Mexican woman with the sniffles. The immigrants don’t really think this is strange, because this is just the way a public hospital works in the Third World – everyone with any problem just goes, without an appointment, and just sits in a big room and waits for a doctor to come treat their issue.
There are no real “emergency rooms” anymore in any major urban area. I’m sure that if you’re actually bleeding out, you get priority over a Mexican with the sniffles, but these immigrants have completely overwhelmed the system, to the point where you might show up after a car accident or a fall down a cliff or whatever and not get immediate treatment because of the immigrants.
It’s kind of clever to put abortions in this category. I wouldn’t have thought of it. But they will probably be able to get around any state abortion ban this way.
If there is any pushback from emergency room staff, women can just say they’ll commit suicide if they don’t get an abortion, in which case the hospital and probably the doctor himself is facing potential federal liability if they don’t do the abortion.
