Hospitals Delay or Deny Emergency Abortions

Wyden Presses Hospitals for Answers About Delayed or Denied Emergency Abortion Care

Senate Finance Committee Chairman Ron Wyden Sends Letters to Eight Hospitals in States with Abortion Bans

A top Senate Democrat is pressing hospitals in states with abortion bans about how they are complying with a federal emergency care law, following reports about women who need emergency reproductive care being turned away.

Wyden’s Concerns

Senate Finance Committee Chairman Ron Wyden (D-Ore.) sent letters Monday to eight hospitals in Georgia, Texas, Missouri, Florida, Louisiana, and North Carolina asking about specific policies and procedures to enforce the Emergency Medical Treatment and Active Labor Act (EMTALA).

Reports of Delayed or Denied Care

The letters were sent to hospitals where women have reportedly been turned away or experienced delayed care.

Abortion Bans in the States

Georgia and Florida ban abortion after about six weeks of pregnancy. Texas law prohibits all abortion except to save the life of the mother. Louisiana and Missouri similarly ban almost all abortions, with some narrow medical exceptions. North Carolina bans abortion after 12 weeks.

The Case of Amber Thurman

Wyden specifically cited reports from ProPublica about the death of Amber Thurman, a Georgia woman who waited 20 hours for doctors to perform an emergency procedure after she developed a rare complication from medication abortion. She died, and a state medical board subsequently said her death was “preventable.”

Wyden’s Request

“Across the country, there are reports that women are being turned away by emergency departments when they seek emergency reproductive health care, even in instances where medical professionals determine that, without such care, the patient is at risk of serious complications, infection, or even death,” Wyden wrote. “These women are caught between dangerous state laws that are in clear conflict with – and preempted by – EMTALA.”

EMTALA and Abortion Care

EMTALA is a nearly 40-year-old law that requires federally funded hospitals to provide stabilizing care to emergency room patients, no matter their ability to pay. Abortion is the standard of care to stabilize many pregnancy-related conditions, and hospitals have long provided the procedure when necessary.

Biden Administration Investigation

Last year, the Biden administration launched an investigation into two hospitals in Missouri and Kansas that refused to provide an emergency abortion to a woman with life-threatening pregnancy complications for potential EMTALA violations.

Conclusion

Wyden’s letters come ahead of the Finance Committee’s Tuesday hearing on reproductive care and the impact of state abortion bans. The committee is seeking answers about how hospitals are complying with EMTALA and providing emergency reproductive care to women in states with abortion bans.

FAQs

Q: What is EMTALA?
A: EMTALA is a federal law that requires hospitals to provide stabilizing care to emergency room patients, regardless of their ability to pay.

Q: What is the purpose of Wyden’s letters?
A: Wyden’s letters are seeking answers about how hospitals in states with abortion bans are complying with EMTALA and providing emergency reproductive care to women.

Q: What are the abortion laws in the states mentioned in the article?
A: Georgia and Florida ban abortion after about six weeks of pregnancy. Texas law prohibits all abortion except to save the life of the mother. Louisiana and Missouri similarly ban almost all abortions, with some narrow medical exceptions. North Carolina bans abortion after 12 weeks.

Q: What is the case of Amber Thurman?
A: Amber Thurman was a Georgia woman who died after waiting 20 hours for doctors to perform an emergency procedure after she developed a rare complication from medication abortion. A state medical board subsequently said her death was “preventable.”

Q: What is the Biden administration’s stance on EMTALA and abortion care?
A: The Biden administration has launched an investigation into hospitals that refuse to provide emergency abortion care and has invoked EMTALA in the wake of the Supreme Court’s Dobbs decision that overturned Roe v. Wade.