Emerging cases reveal a critical and alarming failure within our healthcare system: pregnant women in urgent need of emergency assistance are being denied the care they are legally entitled to under the Emergency Medical Treatment and Labor Act (EMTALA).
In 2022, after the Supreme Court overturned Roe v. Wade, instances of pregnant women being turned away from emergency rooms spiked. These cases are particularly prevalent in states with stringent abortion laws like Idaho. This troubling trend raises serious concerns about the enforcement and awareness of EMTALA among healthcare providers.
Federal law mandates that emergency rooms provide stabilization care to individuals in active labor and facilitate medical transfers if necessary. Despite these legal requirements, violations have been reported, and the Biden administration has taken action by suing Idaho over its conflict with federal law on abortion care.
“Anti-abortion politicians have brought this case to the nation’s highest court to challenge long-standing federal protections for emergency care abortion care. If these extreme politicians succeed, doctors will be forced to withhold critical care from their patients, and pregnant people will suffer severe, life-altering health consequences, and even death. We’re already seeing the devastating impact of this case play out in Idaho, where medical evacuations to transport patients to other states for the care they need have dramatically spiked since the Supreme Court allowed state politicians to block emergency abortion care. This case once again highlights the extraordinary lengths extremist politicians will go to control our bodies, our lives, and our ability to get the health care we need.”
Healthcare Compliance Issues
Federal investigators have identified multiple EMTALA violations, with hospitals facing fines and risking the loss of Medicare funding for non-compliance. The role of EMTALA is crucial in safeguarding the rights of pregnant women to receive necessary emergency care. Without stringent enforcement, more hospitals might defy their legal obligations, exacerbating the already precarious state of women’s health services in certain jurisdictions.
In states like Idaho, stringent abortion restrictions have resulted in pregnant patients becoming “radioactive” to emergency departments, further highlighting the need for comprehensive healthcare reform. The loss of nearly 20% of obstetricians and gynecologists in Idaho since implementing its abortion ban underscores the severe impact these policies have on healthcare access.
Legal Battles and Their Implications
The Supreme Court’s decision to hear Idaho and Moyle, et al. v. United States in April 2024 underscores the national significance of this issue. The case will determine whether EMTALA preempts state abortion laws, with significant implications for emergency abortion care access and clinicians’ autonomy in managing pregnancy-related emergencies.
“The government knows there’s a problem and is investigating and is doing something about that,” said Kolbi-Molinas from the ACLU Reproductive Freedom Project. “Without EMTALA, they wouldn’t be able to do that.”
The Biden Administration argues that EMTALA mandates abortion care to stabilize a patient’s condition, even if it conflicts with state law. Conversely, states like Texas and Idaho have sought judicial relief to block the enforcement of federal EMTALA guidance, resulting in a patchwork of compliance and further complicating the landscape of emergency medical care for pregnant women.
Healthcare Reform: A Necessity
With maternal mortality rates on the rise and healthcare providers operating in fear of legal repercussions, the urgency for healthcare reform has never been more pronounced. The ACLU, ACLU of Idaho, and Cooley LLP’s filing of an amicus brief underscores the necessity of upholding Supreme Court precedents that protect emergency medical care rights.
“No woman should be denied the care she needs,” said Jennifer Klein, director of the White House Gender Policy Council. “All patients, including women who are experiencing pregnancy-related emergencies, should have access to the medical care required under the Emergency Medical Treatment and Labor Act (EMTALA).”
The stakes are high, and the healthcare rights of pregnant women are on the line. As the Supreme Court prepares to address this pressing issue, our healthcare system must rise to the occasion to ensure that no person is denied the emergency care they desperately need.
