The Biden administration is claiming that, under existing law, doctors are required to perform abortions in emergency situations even if state laws ban the procedure, according to new guidance issued to healthcare workers.
Biden’s Department of Health and Human Services (HHS) released guidance Monday explaining that the Emergency Medical Treatment and Active Labor Act applies to abortions in life- or health-saving emergencies. HHS Secretary Xavier Becerra clarified that this preempts state laws in a Monday letter to healthcare providers.
“Under federal law, providers in emergency situations are required to provide stabilizing care to someone with an emergency medical condition, including abortion care if necessary, regardless of the state where they live,” Becerra said, according to the HHS release. “CMS will do everything within our authority to ensure that patients get the care they need.”
We released guidance today to providers that ensures all patients who go to the emergency department for care have access to the full rights and protections for emergency care afforded under the law, which includes life- or health-saving abortion services. https://t.co/OgfP2bTDrf pic.twitter.com/zbjT2SN0vj
— HHS.gov (@HHSGov) July 11, 2022
The move is the latest attempt from the Biden administration to ensure access to abortions after the Supreme Court overturned Roe v. Wade June 24, ending a five-decade enshrinement of legal abortion throughout the first six months of pregnancy.
Abortion activists continue to put pressure on the Biden administration to further ensure access to abortions.
The HHS did not respond to the Daily Caller News Foundation’s request for comment.
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