James Demands Hospitals Offer Emergency Abortion Care

New York – In a bold move to protect reproductive rights, New York Attorney General Letitia James, joined by 21 other attorneys general, has issued a stern reminder to hospitals across the state regarding their legal obligation to provide emergency abortion care under the Emergency Medical Treatment and Active Labor Act (EMTALA).

“When a pregnant patient seeks help in an emergency room, they deserve access to life-saving care,” declared Attorney General James. “Hospitals must uphold their responsibility to provide this essential service, regardless of recent federal changes.”

The letter, marked on the third anniversary of the Supreme Court’s reversal of Roe v. Wade, emphasizes that the administration’s revocation of a 2022 guidance document does not change the hospitals’ legal obligations under EMTALA.

Enacted in 1986, EMTALA requires Medicare-participating hospitals to provide access to abortion care when necessary for stabilizing a patient with an emergency medical condition. This includes conditions like ectopic pregnancy and hemorrhaging. Despite CMS’s rescission of the 2022 guidance, EMTALA remains in full effect.

Attorney General James and her coalition argue that denying abortion care can lead to dire consequences, including increased risk of death for pregnant patients and long-term health complications. The letter underscores the urgency of maintaining compliance with EMTALA to prevent such tragic outcomes.

This strong stance by Attorney General James aligns with a nationwide commitment to protect reproductive rights in the wake of Roe v. Wade’s reversal. Joining James in this effort are attorneys general from Arizona, California, Colorado, and other states across the nation.

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