The Secretary of Health and Human Services wrote a letter to health care providers on Monday stating that physicians will face penalties if they refuse to provide abortions in medical emergencies.
Under the Emergency Medical Treatment and Active Labor Act, federal law pre-empts state abortion prohibitions. The health secretary wrote that if an abortion is necessary to save a woman's life, physicians must offer it.
Hospitals that don't provide abortions in these cases could lose their Medicare provider agreement. He said individual physicians could be cut from Medicare and state health programs if they refuse to offer abortions. According to HHS, physicians can use federal law as a defense if they face state prosecution.
ectopic pregnancies are not the only medical emergencies that include but are not limited to. High blood pressure, headaches, and blurry vision are all caused by preeclampsia. If it's not treated, the condition can lead to death.
Women have the right to abortion care regardless of where they live, according to the law. We expect providers to continue offering these services and that federal law doesn't prohibit abortion in emergency care.
An executive order was signed by President Joe Biden. The Supreme Court's decision last month to overturn a 50-year-old right to abortion has led to a number of states banning the procedure. The laws to ban abortion in other states have been blocked by the courts.
Although state abortion bans generally make exceptions for when the woman's life is in danger, reproductive rights activists fear the laws will have a chilling effect on patients and doctors. The U.S. health officials worry that doctors could wait too long to treat ectopic pregnancies and other problems if they weren't sure about the law.
The length of prison time for performing an abortion depends on the state. Women who receive abortions are generally exempt from prosecution, but reproductive rights group are concerned that states will criminalize abortion as well.
Biden has directed the HHS to make the abortion pill widely available in order to protect access to contraception.
The FDA approved the abortion pill more than two decades ago as a safe and effective way to end a pregnant woman's life. The pill can now be sent by mail from licensed pharmacies. Health care providers who administer the pill are not allowed in some states.
A public health emergency should be declared by the Biden administration in response to states banning abortion.
The president told reporters over the weekend that he asked health officials in the administration to look at the legality of declaring an emergency to protect abortion access. Jen Klein is the director of the White House Gender Policy Council.
The public health emergency doesn't free a lot of resources and there's very little money in it.