New York Attorney General Letitia James, alongside 21 other attorneys general, has issued a letter reminding hospitals of their duty to provide emergency abortion care as required by the Emergency Medical Treatment and Active Labor Act (EMTALA). The letter was sent to the American Hospital Association on the anniversary of the Supreme Court’s decision that overturned Roe v. Wade.
Attorney General James emphasized, “When a pregnant patient shows up at an emergency room in need of help, they should never be turned away.” She stressed that hospitals are legally obligated to offer life-saving care, including emergency abortion services when necessary.
EMTALA, established in 1986, mandates Medicare-participating hospitals to deliver abortion care if it’s essential for stabilizing a pregnant patient with an emergency condition. Despite recent federal decisions to revoke previous guidance from 2022 concerning EMTALA’s requirements for emergency abortion access following the Supreme Court’s ruling, Attorney General James clarified that these statutory obligations remain unchanged.
The letter explains that rescinding the 2022 guidance does not alter hospitals’ legal responsibilities under EMTALA. It underscores that regardless of state laws limiting abortion access, EMTALA requires hospitals to provide necessary abortion treatment for conditions like ectopic pregnancy and preeclampsia.
The coalition argues that changes cannot be made unilaterally by any administration through guidance revocation. They assert EMTALA remains effective nationwide and stress compliance due to potential severe consequences from denying essential care. These include increased mortality risk and severe health impacts such as hysterectomy or brain injury.
Attorney General James and her colleagues reaffirmed their dedication to ensuring hospital compliance with these legal requirements and protecting pregnant patients across America. The attorneys general joining this initiative include those from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont Washington and the District of Columbia.
