Trump Administration overturns Biden-era guidance on emergency abortions

WASHINGTON, D.C. — This week, Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) rescinded Biden-era guidance on emergency abortions under the Emergency Medical Treatment and Labor Act (EMTALA).

“The guidance that had existed made very clear that when the health of the mother was at risk that abortion was an appropriate type of medical service,” Chris Daley with the ACLU of Indiana said. “The guidance around EMTALA was particularly helpful in a state like Indiana, where the exceptions in the law in terms of the health of the mother to access abortion are so incredibly narrow.”

“The Biden Administration issued the guidance in 2022 to provide more of a cushion to physicians to make decisions that would save women’s lives,” Jody Madeira, an IU School of Law professor, said.

According to Madeira, the Trump Administration’s reversal takes away that cushion from medical providers in states with total or near-total abortion bans, like Indiana.

“They risk prosecution under state law, perhaps they risk litigation,” Madeira said. “They risk loss of license, if they, if they make, what others might consider ‘the wrong decision.’”

Democrats argue the move could cause confusion among physicians and ultimately delay care for pregnant women whose lives are at risk.

“Indiana is already the third worst state in the nation for maternal mortality,” State Rep. Carey Hamilton (D-Indianapolis) said. “This is about saving women’s lives at the hospital when their pregnancy goes awry. That’s what it’s about, and we’re now making it harder for those women to survive.”

A statement from the Indiana Hospital Association on the decision reads:

“Indiana hospitals have and will continue to adhere to all state and federal laws related to the limited circumstances when an abortion can be provided in Indiana including when necessary to prevent any serious health risk to the pregnant woman or to save the pregnant woman’s life.”

Last year, the ACLU of Indiana did not prevail in a lawsuit against the state over its near-total abortion ban. The organization is currently appealing the judge’s decision in that case.