Government Appeals Ruling Blocking Administration’s EMTALA Guidance
- October 28, 2022
The Department of Justice has filed a notice of appeal to the Fifth Circuit of a Texas federal district court decision that enjoined the federal government from enforcing the Emergency Medical Treatment and Labor Act in accordance with guidance issued by the Department of Health and Human Services (HHS).
HHS issued the guidance in July to reiterate that EMTALA protects providers offering legally mandated, life- or health-saving abortion services in emergency situations.
The guidance also indicates that “[w]hen a state law prohibits abortion and does not include an exception for the life and health of the pregnant person—or draws the exception more narrowly than EMTALA’s emergency medical condition definition—that state law is preempted.”
The U.S. District Court for the Northern District of Texas in August preliminarily enjoined enforcement of the guidance, finding no direct conflict with Texas’ Human Life Protection Act, which prohibits abortion unless the life of the mother is at risk.
The court found the guidance “goes well beyond” the text of the EMTALA statute “which protects both mothers and unborn children, is silent as to abortion, and preempts state law only when the two directly conflict.”
Also in August, however, another federal district court in Idaho enjoined the state from enforcing its abortion restriction law to the extent the statute conflicted with EMTALA-mandated care.
The Department of Justice filed a complaint seeking to invalidate an Idaho law that implements a near-total ban on abortions and makes it a felony for physicians to perform an abortion in all but narrow circumstances.
The U.S. District Court for the District of Idaho found it would be impossible for physicians to comply with both statutes.
The cases are and Texas v. Becerra, No. 5:22-CV-185-H (N.D. Tex. Aug. 23, 2022), and United States v. Idaho, No. 1:22-cv-00329-BLW (D. Idaho Aug. 24, 2022).