The Department of Health and Human Services announced that, in violation of the Emergency Medical Treatment and Labor Act (EMTALA), the Centers for Medicare and Medicaid Services (CMS) announced that there are two investigations into hospitals that did not provide a person experiencing an emergency medical condition with proper stabilization care.
In addition to the release by HHS, HHS Secretary Xavier Becerra sent a letter to hospital and providers around the country to remind them that it is their legal obligation to provide stabilizing treatment to a patient who has an emergency condition.
He wrote: “At nearly 18 weeks of pregnancy, the patient experienced a preterm premature rupture of membranes (PPROM), and as a result was advised that her pregnancy was no longer viable. Although her doctors advised her that her condition could rapidly deteriorate, they also advised that they could not provide her with the care that would prevent infection, hemorrhage, and potentially death because, they said, the hospital policies prohibited treatment that could be considered an abortion. This was a violation of the EMTALA protections that were designed to protect patients like her.”
Becerra stressed that this will not stand with HHS and they will be working to ensure the safety of patients.
“As we have made explicitly clear: we will use the full extent of our legal authority, consistent with orders from the courts, to enforce protections for individuals who seek emergency care – including when that care is an abortion,” said Becerra in the press release. “HHS has announced investigations into two hospitals that did not offer necessary stabilizing care to an individual experiencing an emergency medical condition. During her visits to two different hospitals, the patient was not offered the care that her doctors determined was necessary to stabilize those emergency medical conditions -- not because of the clinical judgment of her providers, but because the hospital policies would not allow an abortion to be performed.
Becerra said that while the patient fortunately survived, she should never have gone through this type of ordeal. Becerra said they want her and all patients to know that HHS is doing everything that can to protect their lives and health, and also investigate and enforce the law to the fullest.
“The Biden-Harris Administration is committed to patient safety and protecting people’s access to the health care they need,” Becerra said. “Today, we send a reminder to hospitals participating in Medicare: you are obligated under EMTALA to offer stabilizing care to patients who need emergency care, and we will not hesitate to enforce your obligations under the law.”
