Administration Looks to Ensure Access to Emergency Reproductive Care
- January 26, 2024
The Department of Health and Human Services (HHS) is launching a public education campaign to help patients and health care providers understand the requirements of the Emergency Medical Treatment and Labor Act (EMTALA) in the context of emergency reproductive care, including abortions.
The Centers for Medicare & Medicaid Services (CMS) published new resources on its website detailing individuals’ rights under EMTALA as well as the process for submitting a complaint if emergency medical care is denied.
CMS also plans to disseminate training materials on provider obligations under EMTALA and facilitate discussions on best practices and challenges for complying with the statute, the agency said in a press release. In addition, a team of agency experts will provide further support to hospitals in meeting federal requirements.
The move comes as the Supreme Court is set to review EMATLA’s reach in the context of an Idaho law that criminalizes most abortions. The Court will hear oral arguments in the case in April. Meanwhile, in a second-EMTALA-related case brought in the wake of the Court’s decision overturning Roe v. Wade, the Fifth Circuit recently held HHS exceeded its authority in issuing guidance that physicians must provide abortion care under EMTALA as a stabilizing treatment to pregnant women experiencing an emergency medical condition regardless of state restrictions on the procedure. Texas v. Becerra, No. 23-10246 (5th Cir. Jan. 2, 2024).
The administration also announced this week a series of new actions aimed at shoring up access to contraceptives and family planning services.
HHS and the Departments of Labor and the Treasury issued guidance for health plans and issuers on complying with the Affordable Care Act’s (ACA's) requirement to cover contraception without cost sharing. The guidance specifically discusses a new pathway for plans and issuers to meet those obligations by covering, at no cost, a broader range of Food and Drug Administration-approved contraceptive drugs and certain devices.
As part of these efforts, HHS Secretary Xavier Becerra also sent a letter to Medicare plans, health insurance issuers, and state Medicaid and Children’s Health Insurance Programs stressing that access to reproductive health care is a “core priority” for the administration.
The additional steps unveiled this week coincided with the 51st anniversary of Roe v. Wade.