Abortions Are Federally Protected When A Pregnancy Is Life-Threatening Regardless Of State Law, The Biden Administration Says

According to guidance issued by federal officials, abortions performed to save a patient's life or well-being are legal in all states.

The guidance from the Department of Health and Human Services is meant to assure healthcare providers, particularly those in states where abortion is banned, that federal law is on their side.

The Emergency Medical Treatment and Active Labor Act (EMTALA) was passed in 1986 and requires hospitals to treat pregnant patients who are in danger of dying.

In a call with journalists on Monday, HHS officials said there were no plans to change the law. The guidance reminds people that EMTALA supersedes any state laws banning abortion.

Women have the right to abortion care regardless of where they live, according to the HHS Secretary. "Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law does not prohibit abortion in emergency care."

President Joe Biden ordered the HHS to take steps to protect access to abortion and other reproductive health services last week.

In the wake of the Supreme Court's decision, the order was issued. A number of states have made abortion illegal since it was struck down.

Many people fear what might happen when abortion access is a matter of life or death, for example, in the case of ectopic pregnancies, which can be deadly if not quickly treated.

EMTALA protects the right to abortion in life threatening situations, but it also protects the health of the patient. Doctors don't have to wait for a medical issue to become deadly before acting. This clarification is crucial for medical professionals across the country, many of whom have expressed concern that performing abortions may put them at serious legal risk, particularly in states where the procedure is only allowed in life threatening situations.

The priority is to protect both patients and providers. Health care should be between a patient and their doctor. We will use all available resources at HHS to make sure women are able to get life-saving care.