The Biden administration on Monday said federal law allows women access to abortion in emergency situations, even in states that banned the procedure after last month’s Supreme Court decision overturning Roe v. Wade.
The Department of Health and Human Services said that in cases of health emergencies, the Emergency Medical Treatment and Active Labor Act — a 1985 law that ensures access to emergency care regardless of a person’s ability to pay — takes priority over state laws banning abortion.
“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Health and Human Services Secretary Xavier Becerra said in a statement Monday. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”
HHS said that it is up to physicians to determine what qualifies as an emergency, but cited examples such as miscarriages, ectopic pregnancies or dangerously high blood pressure.
In a letter to health care providers, Becerra said hospitals that do not comply could face fines or other penalties involving Medicare agreements and programs.
July 11, 202200:30
The move could set up legal clashes where abortion was banned following the June 24 ruling by the Supreme Court. Still, many state laws make exceptions for when the woman’s life is in danger.
The guidance from HHS comes as President Joe Biden is facing sustained pressure from Democrats to take a more aggressive response to the court’s ruling. Since the decision was handed down, nearly a dozen Republican-controlled states have banned abortion, with other states expected to issue similar restrictions in the coming weeks.
Biden has taken executive action aimed at protecting access to abortion, but he has also emphasized that the most effective way to undo the Supreme Court decision is to pass a law in Congress legalizing abortion access. Doing so would require a change to the Senate filibuster rule, a move that does not have enough Democratic support in the chamber.
Source: | This article originally belongs to Nbcnews.com
