Doctors must offer abortion if mother's life is at risk: US Health dept

Washington, July 12: The Biden administration said on Monday told hospitals that they must offer abortion services if the life of a mother is at risk and that procedures conducted under such circumstances would be protected under federal law regardless of various state bans.

It comes days after President Joe Biden condemned the Supreme Court majority that ended a constitutional right to abortion and signed an executive order aimed at protecting access to reproductive health services.

The Department of Health & Human Services said stated that physicians must provide that treatment if they believe a pregnant patient is experiencing an emergency medical condition as defined by Emergency Medical Treatment and Active Labor Act (EMTALA) and if abortion is a "stabilizing treatment".

As per the EMTALA, the law requires medical facilities determine whether a person seeking treatment may be in labor or whether they face an emergency health situation and also protects providers when offering legally mandated abortion services in such situations.

"If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment," the agency's guidance states. "When a state law prohibits abortion and does not include an exception for the life of the pregnant person - or draws the exception more narrowly than EMTALA's emergency medical condition definition - that state law is preempted."

The department said in a statement emergency conditions include "ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features."

"It is critical that providers know that a physician or other qualified medical personnel's professional and legal duty to provide stabilizing medical treatment to a patient who presents to the emergency department and is found to have an emergency medical condition preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment," in a letter to health care providers, HHS Secretary Xavier Becerra said.

The department says its guidance doesn't reflect new policy, but merely reminds doctors and providers of their existing obligations under federal law.

"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," said Centers for Medicare & Medicaid Services Administrator Chiquita Brooks-LaSure. "CMS will do everything within our authority to ensure that patients get the care they need."

The Biden administatrion has been under pressure from his own party to take action after the Supreme Court decision last month.