The Trump administration this week rescinded an order explaining to hospitals that receive federal funding they must provide abortions to women if needed to stabilize their condition.
In 2022, the Biden administration issued guidance in accordance with the Emergency Medical Treatment and Medical Act, or EMTALA, clarifying hospitals could not turn away pregnant women in an emergency, directing them to provide abortions if medically necessary. The 1986 federal law mandates doctors stabilize patients during emergencies.
On Tuesday, Trump announced he was revoking the Biden administration's guidance. EMTALA remains in place as law.
Following the repeal of Roe v. Wade, Idaho banned almost all abortions, with narrow exceptions given to rape and incest victims, or when the life of the mother is in danger.
Idaho doctors say the ban left them confused as to when they can intervene to prevent pregnant women from suffering serious medical harm, which can include hemorrhaging and loss of organs.
The Biden administration sued the state, saying the law went against EMTALA. It argued doctors have a duty to preserve both patients’ life AND their health, which in certain situations can require abortion care.
When Trump came into office, his administration dropped the case, but St. Luke’s, the largest medical system in Idaho, filed its own lawsuit over the state's abortion ban.
In a statement, a hospital spokesperson said the latest move from the president does not change its position that EMTALA preempts state law.
